COURTESY:Daily Greater Kashmir dated August 12th, 2009 by Arif Shafi/Mudassir Ali
Srinagar, Aug 11: The State Human Rights Commission has received the highest number of complaints of human rights violations during the 2007-08. This was stated in Annual Report of the SHRC which was tabled in the Legislative Assembly on Tuesday. In it, the Commission states that it had received 716 complaints in 2007-08, which was the highest number. Out of 716 complaints, 90 were of harassment, 81 disappearances and 39 custodial killings and seven rape cases respectively.
The report states that the SHRC had disposed of 596 cases with recommendations for ex-gratia relief and compassionate appointment in 169 cases. It states that since its inception in 1997, the Commission had received 51, 227, 309, 395, 474, 482, 575, 406, 312 and 336 cases respectively till 2007. “The ever increasing number of complaints registered in the Commission testifies the growing awareness and determination of people of the state to defend their rights and faith in the Commission,” the report states. The reports states that there was wide gap between the post of the Commission’s administrative officer and secretary. “It creates tremendous difficulties while carrying out the function of the Commissions.”
It states that the Act envisages that the Commission should have its own staff. “But practically, this provision has been kept in cold storage. The government has provided maximum staff from the Administrative Department virtually on deputation.” The Commission expressed its “disappointment and anguish” for what it termed as an attempt of brushing aside its recommendation by some officers in the Civil Secretariat by starting fresh enquiry at their end after they receive the recommendations. The report states that it received letters from the officers wherein, the Commission was informed that they have chosen to contradict its findings. “This exercise is supervisory and uncalled for. This tendency has the effect of diluting the position of the Commission which if not restricted will terribly tell upon the governance of the state. The Commission strongly recommends that the government should issue a circular to these officers not to sit in judgment against the findings of the Commission.” The Commission resented the lack of facilities, including denial of legal aid, to the detainees lodged in various jails in Jammu. After inspection of Kothbalwal, Jammu, Kathua and Udhampur jails, the Commission states that the detainees and under-trials deposed that they were not produced before Courts. The Commission recommended that the government should ensure that the district administration, especially SSPs of the districts, should be bound strictly to provide transport facilities to the respective jails for production of detainees in courts.
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‘Bureaucrats are brushing aside SHRC recommendations’
ReplyDeleteCourtesy: Daily Rising Kashmir dt August 12th, 2009
Abid Bashir
Srinagar, Aug 11: The annual report of State Human Rights Commission Tuesday revealed that some officers in the government were “brushing aside” the Commission’s recommendations.
The report also stated that most of the prisoners complained that they are not being taken to courts for trial.
The SHRC’s annual report was scheduled to be tabled in the State Assembly by Law and parliamentary affairs minister Ali Muhammad Sagar but after death of his mother, the report was tabled by Minister of State for Law, Aijaz Ahmad Khan.
About the jail inspection conducted by the Commission, the report states that a Commission team visited Kotbhalwal Jail, Jammu on February 2, 2008. “During interaction with inmates, the prisoners complained that they were not being taken to courts for trial. They said they are being punished without trial,” the report reads.
The report said the expeditious trial of cases is a fundamental right of prisoners given by the constitution of India. “When accused is not produced before the court, he will be deemed to be victim of delayed justice,” the report reads.
In Kathua jail, the SHRC report states that for scores of jail inmates not a single doctor has been placed on duty. “Some officials termed themselves as para-medical staff but that will not satisfy the needs and requirements of the prisoners. One doctor will not be sufficient and there should be many doctors and other staff available for the prisoners,” the report stated.
The report said, “In district jail Udhampur some detenues required regular medical check up and proper treatment. Keeping in view the strength of prisoners and under trails, the medical facilities were not up to the required strength,” the report reads.
During the jail inspection, the report states, many female detenues who were lodged in jails of Jammu division. “A lady doctor with a female attendant should also be posted in all the jails of Jammu,” it said.
The SHRC report recommended that the district administrations should direct the concerned SSPs to provide transport facilities to the respective jails so that under trail detenues are produced in courts on due dates.
Lashing out at some government officers for ignoring SHRC recommendations, the report states, “Some offices in the civil secretariat have started fresh enquiries after the Commission’s recommendations. The Commission has received letters from these offices in which they have informed that they have chosen to contradict the findings of the Commission.”
Such tendency, the report said, has the effect of diluting the position of the Commission which if not restricted will terribly tell upon the governance of the State.
The Commission strongly recommended that the government should issue a circular to these officers not to sit on judgment of the Commission.
About the complaints registered with the Commission, the report says it received 716 complaints from April 4, 2007 to March 31, 2008. “The number of complaints registered with the commission is highest ever since the inception of Commission,” the report reads.
It said, out of 716 complaints, 596 complaints were disposed off by the Commission. “Of these 169 cases were recommended to the government for exgratia relief and compassionate appointment”.
The follow the SHRC recommendations, the government vide letter dated December 3, 2008 announced constitution of an empowered committee headed by Principal Secretary to Government to consider and take early decision on the recommendations of SHRC.
The members of committee will be DGP, Principal Secretary Law, IGP and Secretary Home department. The official letter reads that the committee shall obtains all inputs and reports from the field agencies as required for consideration of the recommendations and dispose off the cases within the stipulated time frame. “The Committee shall meet at least once in a month,” the letter states.