Skip to main content

Human rights violations: NHRC "failed" to act independently of Govt of India, shouldn't get UN accreditation

Counterview Desk
India’s civil rights groups are all set to ask the Sub-Committee on Accreditation (SCA) of Global Alliance of National Human Rights Institutions (GANHRI) to defer UN accreditation status to the National Human Rights Commission, which, they say, has failed to comply by UN Human Rights Commission guidelines seeking autonomy to national human rights institutions (NHRIs).
Earlier, a similar report, prepared in 2011, and endorsed by more than 350 individuals and civil rights organizations, had ensured that the NHRC’s accreditation with UN was deferred till November 2017. The new report says that NHRC, over the years, has failed to act “either acted in the capacity of amicus curaie to ensure justice or took up suo motu cognizance and follow the case through.”
GANHRI is supposed to coordinate the relationship between NHRIs and the United Nations human rights system, and is unique as the only non-UN body whose internal accreditation system, based on compliance with a UN Human Rights Commission resolution endorsed in 1993 in Paris, grants access to UN committees.
Prepared for the upcoming accreditation of NHRC in November 2017 by the South Asia Human Rights Documentation Centre (SAHRDC), final draft of the report has been sent to all civil society organizations for approval.
Pointing out that NHRC has carried out any “independent investigations or action taken against perpetrators”, nor has it made any “significant contributions” when during hearings in Supreme Court or High Courts”, the report quotes a study of the NHRC recommendations, collated from its monthly newsletters for the year 2016 and January-April 2017, to say that “of the total 317 recommendations were made in 2016, 122 cases (38.48%) are treated as closed.”
Sharply criticizing NHRC for “keeping its distance from all controversial subjects”, the report states, it has failed to act independently of the government even in appointment of its members, including investigating officers. The result was that, last year, Avinash Rai Khanna, vice-president, BJP, was sought to be appointed NHRC member without any screening process.
Police officers, IB officials on deputation investigate NHRC complaints, creating conflict of interest in cases of abuse committed by authorities 
Noting that NHRC employs police officers to investigate complaints, “which creates a real or perceived conflict of interest in cases of abuse committed by police and impacts the ability of the victims to access justice”, the report says, “These police officers are on deputation to NHRC and are nor permanent employees of NHRC. As such, their primary loyalty is to their parent police departments.”
“What is even more worrying is large number of Intelligence Bureau staff deputed to the NHRC. These officers are not answerable to anyone and have no expertise in the field of human rights”, it underlines.
Giving the example of PVK Reddy, who was appointed as the Director General (Investigation) of NHRC after Supreme Court asked NHRC to fill up the post, the report regrets, Reddy served as Special Director General in Central Reserve Police Force (CRPF), the largest para-military organisation in India.
It adds, several complaints on human rights violations by security personnel under him are pending before courts. Reddy completed his term April 2017 and the post continues to be vacant.
Pointing towards how NHRC has failed to lobby for having even a law specifically catering towards the prevention of custodial torture, the report says, “The NHRC keeps count of incidents of custodial torture only if the inhuman treatment led to death and not otherwise. Between 2013 and 2016, only in two cases of custodial torture was a disciplinary action recommended by NHRC.”

Comments

TRENDING

Stagnating wages since 2014-15: Economists explain Modi legacy for informal workers

By Our Representative  Real wages have barely risen in India since 2014-15, despite rapid GDP growth. The country’s social security system has also stagnated in this period. The lives of informal workers remain extremely precarious, especially in states like Jharkhand where casual employment is the main source of livelihood for millions. These are some of the findings presented by economists Jean Drèze and Reetika Khera at a press conference convened by the Loktantra Bachao 2024 campaign. 

Modi win may force Pak to put Kashmir on backburner, resume trade ties with India

By Salman Rafi Sheikh*  When Narendra Modi returned to power for a second term in India with a landslide victory in 2019, his government acted swiftly. Just months after the election, the Modi government abrogated Article 370 of the Constitution of India. In doing so, it stripped the special constitutional status conferred on Jammu and Kashmir, India’s only Muslim-majority state, and downgraded its status from a state with its own elected assembly to a union territory administered by the central government in Delhi. 

'Assault on civic, academic freedom, right to dissent': TISS PhD student's suspension

By Our Representative  The Mumbai-based civil rights group All India Secular Forum (AISF) has said that the suspension of Tata Institute of Social Sciences (TISS) PhD student Ramadas Prini Sivanandan (30) for two years for allegedly indulging in activities which were "not in the interest of the nation" is meant to send out the message that students and educational institutes will be targeted if they don’t align with the agenda and ideology of the ruling regime.  TISS in a notice served to Ramadas has cited that his role in screening the documentary 'Ram Ke Naam' on January 26 as a "mark of dishonour and protest" against the Ram Mandir idol consecration in Ayodhya.  Another incident cited in the notice was Ramadas’ participation in the protest against unfair government policies in Delhi under the banner of the Progressive Students' Forum (PSF)-TISS. TISS alleges the institute's name was "misused", which wrongfully created an impression that

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Magnetic, stunning, Protima Bedi 'exposed' malice of sexual repression in society

By Harsh Thakor*  Protima Bedi was born to a baniya businessman and a Bengali mother as Protima Gupta in Delhi in 1949. Her father was a small-time trader, who was thrown out of his family for marrying a dark Bengali women. The theme of her early life was to rebel against traditional bondage. It was extraordinary how Protima underwent a metamorphosis from a conventional convent-educated girl into a freak. On October 12th was her 75th birthday; earlier this year, on August 18th it was her 25th death anniversary.

Why it's only Modi ki guarantee, not BJP's, and how Varanasi has seen it up-close

"Development" along Ganga By Rosamma Thomas*  I was in Varanasi in this April, days before polling began for the 2024 Lok Sabha elections. There are huge billboards advertising the Member of Parliament from Varanasi, Prime Minister Narendra Modi. The only image on all these large hoardings is of the PM, against a saffron background. It is as if the very person of Modi is what his party wishes to showcase.

Joblessness, saffronisation, corporatisation of education: BJP 'squarely responsible'

Counterview Desk  In an open appeal to youth and students across India, several student and youth organizations from across India have said that the ruling party is squarely accountable for the issues concerning the students and the youth, including expensive education and extensive joblessness.

Following the 3000-year old Pharaoh legacy? Poll-eve Surya tilak on Ram Lalla statue

By Sukla Sen  Located at a site called Abu Simbel in Nubia, Upper Egypt, the eponymous rock temples were created in 1244 BCE, under the orders of Pharaoh Ramesses II (1303-1213 BC)... Ramesses II was fond of showcasing his achievements. It was this desire to brag about his victory that led to the planning and eventual construction of the temples (interestingly, historians say that the Battle of Qadesh actually ended in a draw based on the depicted story -- not quite the definitive victory Ramesses II was making it out to be).

India's "welcome" proposal to impose sin tax on aerated drinks is part of to fight growing sugar consumption

By Amit Srivastava* A proposal to tax sugar sweetened beverages like tobacco in India has been welcomed by public health advocates. The proposal to increase sin taxes on aerated drinks is part of the recommendations made by India’s Chief Economic Advisor Arvind Subramanian on the upcoming Goods and Services Tax (GST) bill in the parliament of India.

Poll promises: Political parties 'playing down' need to retrieve and restore adivasi land

By Palla Trinadha Rao*  The Scheduled Tribes population of 10.43 crore constitutes 8.6% of the population in the country inhabiting 26 States and 6 Union Territories. Parliament elections along with Assembly elections in some states have been notified this year.