Skip to main content

Controversial choice of Justice Mishra for NHRC? BJP 'follows' a Congress precedent

By Vidya Bhushan Rawat*

Former Supreme Court Judge Arun Mishra has taken over as chairperson of the National Human Rights Commission NHRC). Mishra was over-staying in his official residence after his retirement and had not vacated the place and sought extension under one pretext or other.
It is mandated that only former Chief Justice of Supreme Court is eligible to be the chairperson of NHRC, but because of non-availability of an 'eligible' person, the government amended the law in order to allow any former judge of the Supreme Court to be NHRC chairperson.
NHRC came into existence after tremendous international pressure on India on human rights issues. At the time of its formation in 1993, the then government led by PV Narsimha Rao appointed Justice Ranganath Mishra, former Chief Justice of India, as its first head. He is known to have protected those big names of the Congress party that were involved in the 1984 anri-Sikh pogrom in Delhi.
Shockingly NHRC under him ruled:
"The commission therefore accept the submission advanced before it that the incidents against the Sikhs on October 31, 1984 started as a natural reaction to the situation and at that stage there was no organised attempt to cause or spread violence by rioting spread against Sikhs. The commission however reiterated that the Sikhs as a community has not committed any crime and were not answerable for the abominable attempt of the assailants."
Ranganath Mishra got awarded for his service to the Congress and protecting Narsimha Rao, the most inefficient home minister of India when Indira Gandhi was assassinated. The Congress then enjoyed unchallenged power violated all norms and procedures while appointing him. After retirement from NHRC, Rangnath Mishra was appointed as Rajya Sabha member by the Congress for the period 1998-2004.
BJP is following the same textbook case started by the Congress, and the two Mishras are the common beneficiaries. Justice Arun Mishra during his tenure pushed law against the marginalised and protected the interests of the government. As a Supreme Court judge, he said that the Prime Minister was a visionary and a global leader. In various cases of corruption, he protected the corporate houses and the government.
Arun Mishra broke precedent and sat in a committee which was made to review his own judgement. In the case of compensation related to land acquisition, he shamelessly proclaimed that if the farmers do not take compensation, the amount should deposited in the treasury and it should be regarded as paid. He protected big business interests and stood against the marginalised.
However, the biggest anti-human rights judgement of Arun Mishra came on February 13, 2019 when he ordered eviction of one million adivasis from their own homeland without considering the crucial aspect of their rehabilitation. Making every indigenous person look criminal, Arun Mishra's judgment showed what ails Indian judicial system and why it is extremely necessary to have more judges from the marginalised sections in our top judicial services.
Though the Supreme Court stayed the order, it had already done the damage. There are many such cases where the victims of evictions too were shown no mercy and 'developmental' projects were approved without considering issues of honourable rehabilitation of the rural or urban poor.
Hence, the man whose track record of being fair towards marginalised, Dalits, adivasis has been seemingly unfair, Arun Mishra's appointment as NHRC chairperson is a signal by the current regime to actually use the human rights context to deny justice to the marginalised. One cannot expect justice at the hands of those who when in full power actually denied them every opportunity.
The irony of our institutional bodies related to the rights of the marginalised or human rights is that they have no space for civil society activists or campaigners. These institutions have become an easy space to provide favour to those who have 'given' their 'services' to the government. Institutions have become hogwash and are being used to provide legitimacy to the misdeeds of the state. Yet, they will represent India at all the international forums and deny everything that the people are fighting for.
We don't expect government bodies to do miracles but they have been useful on many occasions, especially when the head of the institution is determined to fight for the cause of human rights and marginalised communities and people. NHRC has done many things with the help of civil society organisations.
Arun Mishra can undo many things of the past by destroying all that NHRC has stood for by helping the marginalised and the poor in getting justice. Will he be able to do so or will he accept everything that the government does as it is headed by a 'visionary leader'?
---
"Human rights defender

Comments

TRENDING

Avoidable Narmada floods: Modi birthday fete caused long wait for release of dam waters

Counterview Desk  Top advocacy group, South Asia Network on Dams, Rivers and People (SANDRP), has accused the Sardar Sarovar dam operators for once again acting in an "unaccountable" manner, bringing "avoidable floods in downstream Gujarat."  In a detailed analysis, SANDRP has said that the water level at the Golden Bridge in Bharuch approached the highest flood level on September 17, 2023, but these "could have been significantly lower and much less disastrous" both for the upstream and downstream areas of the dam, if the authorities had taken action earlier based on available actionable information.

Biden urged to warn Modi: US can declare India as worst religious freedom offender

By Our Representative  During a Congressional Briefing held on Capitol Hill, Washington DC, Nadine Maenza, former Chair of the United States Commission on International Religious Freedom (USCIRF), has wondered why the Biden administration should raise issues of mass anti-minority mob violence  -- particularly in Haryana and Manipur -- with Modi. Modi should be told that if such violence continues, the US will be “compelled by law” to designate India as one of the world’s worst offenders of religious freedom, she urged.

From 'Naatu-Naatu' to 'Nipah-Nipah': Dancing to the tune of western pipers?

By Dr Amitav Banerjee, MD*  Some critics have commented that the ecstatic response of most Indians to the Oscar for the racy Indian song, “Naatu-Naatu” from the film, “RRR” reeks of sheer racism, insulting visuals and a colonial hangover. It was perhaps these ingredients that impressed the Academy of Motion Picture Arts and Sciences, one critic says.

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. 

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Asset managers hold '2.8 times more equity' in fossil fuel cos than in green investments

By Deepanwita Gita Niyogi*  The world’s largest asset managers are far off track to meet the  2050 net zero commitments , a new study  released by InfluenceMap , a London-based think tank working on climate change and sustainability, says. Released on August 1, the Asset Managers and Climate Change 2023 report by FinanceMap, a work stream of InfluenceMap, finds that the world’s largest asset managers have not improved on their climate performance in the past two years.

Evading primary responsibility, ONGC decides to invest Rs 15,000 crore in sick subsidiary

By NS Venkataraman*  It is reported that Oil and Natural Gas Corporation (ONGC) will infuse about Rs 15,000 crore in ONGC Petro-additions Ltd (OPaL) as part of a financial restructuring exercise. ONGC currently holds 49.36 per cent stake in (OPaL), which operates a mega petrochemical plant at Dahej in Gujarat. GAIL (India) Ltd has 49.21 per cent interest and Gujarat State Petrochemical Corporation (GSPC) has the remaining 1.43 per cent.

'State-sanctioned terror': Stop drone attack on Adivasis, urge over 80 world academics

Counterview Desk  A joint statement, “Indigenous Peoples’ Un-Freedoms and Our Academic Freedom: A Call for Solidarity”, endorsed by over 80 signatories, including international academics, activists and civil society organizations, as well as diasporic Indian academics and researchers, working with Adivasi (indigenous) communities in India, has made an urgent appeal to prevent future drone bomb attacks by the Indian state on Adivasi villages.

Sales, profits of Indian firms 'deteriorate', yet no significant increase in cost pressures

By Our Representative  The Indian Institute of Management-Ahmedabad's (IIM-A's) latest Business Inflation Expectations Survey (BIES), a monthly exercise, has said that while cost perceptions data does not indicate significant increase of cost pressures, sales and profits of the Indian firms have deteriorated.