HUMAN RIGHTS AND THE ROLE OF PEOPLE’S WATCH IN TAMIL NADU – A STUDY

Thesis submitted to the Bharathidasan University

in partial fulfillment of the requirements for the award of the

Degree of Doctor of Philosophy in History

Submitted by C . CHITRALATHA., M.A., M. Phil.

Supervisor & Guide

Dr. PIRAI. ARIVAZHAGAN, M.A., M .Phil., Ph.D.,

DEPARTMENT OF HISTORY THIRU. VI. KA GOVERNMENT ARTS COLLEGE

TIRUVARUR – 610 003

DECEMBER – 2010

Dr. PIRAI. ARIVAZHAGAN, Department of History M.A., M.Phil., Ph.D. Thiru. Vi. Ka. Government Reader in History (Rtd.)&Head Arts College Tiruvarur-610 003

CERTIFICATE

This is to certify that the Ph.D thesis entitled “Human Rights and the

Role of People’s Watch in Tamil Nadu – A Study” is a bonafide record of

the research work carried out by Miss. C. Chitralatha, M.A., M.Phil.,

under my guidance and supervision on a Full Time basis for the award of the

Degree of Doctor of Philosophy in History, in the Department of History,

Thiru. Vi. Ka. Government Arts College, Tiruvarur during the period 2006 –

2010 and that the thesis has not previously formed the basis for the award of

any degree, diploma, dissertation, thesis, associateship or any other similar

title anywhere.

This thesis is an original, independent work of the candidate.

(Dr. PIRAI. ARIVAZHAGAN ) Supervisor & Guide

Place:

Date:

DECLARATION

I hereby declare that the thesis entitled “Human Rights and the Role

of People’s Watch in Tamil Nadu – A Study” has been originally carried

out by me under the guidance and supervision of Dr. Pirai. Arivazhagan,

(Rtd.) Reader and Head, Department of History, Thiru. Vi. Ka. Government

Arts College, Tiruvarur, submitted for the award of the Degree of Doctor of

Philosophy in History in Bharathidasan University, Tiruchirappalli is my

independent work.

(C. CHITRALATHA)

CONTENTS

Page

PREFACE ii

LIST OF ABBREVIATIONS v LIST OF TABLES vii

LIST OF CHARTS viii CHAPTERS

INTRODUCTION 1

I EVOLUTION OF HUMAN RIGHTS CONCEPT 18

II INDIA’S HERITAGE AND THE INDIAN 46

CONSTITUTION

III MECHANISMS FOR HUMAN RIGHTS 69

PROTECTION

IV FOUNDATION OF PEOPLE’S WATCH AND ITS 110 ADMINISTRATIVE STRUCTURE

V PROGRAMMES AND ACTIVITIES OF 131 PEOPLE’S WATCH

VI A NEW DIMENSION OF PEOPLE’S WATCH 180

CONCLUSION 195

BIBLIOGRAPHY 206

APPENDIX

PREFACE

Human rights are Universal; they belong to every human being in

every human society. Human rights are inalienable and impriscriptible; they

cannot be transferred; forfeited or waived; they cannot be lost by having been

usurped or by one’s failure to exercise or assert them. Human rights are

rights; they are not merely aspiration, or assertions of the good. To call them

“rights” implies that they are claims “as of rights”, not by appeal to grace, or

charity, or brotherhood or love; they need not be earned or deserved. The

idea of rights implies entitlement on the part of the holder in some order

under some applicable norm; the idea of human rights implies entitlement in

a moral order under a moral law, to be translated into and confirmed as legal

entitlement in the legal order of a political society. Realization of human is

our common responsibility, and its achievement is entirely dependent on the

contribution that each and everyone will be willing to make. I hope that this

thesis will be a minuscule effort to promote Human Rights culture in this

society.

I am most grateful to my Research Supervisor Dr. Pirai. Arivazhagan,

Reader (Rtd)& Head Department of History, Thiru. Vi. Ka. Government

Arts College Tiruvarur, for his invaluable guidance. He gave me enough

freedom and had been a source of inspiration.

I am deeply indebted to Dr. N. Rajendran, Dean of Arts, Professor and

Head, Department of History, Bharathidasan University, Trichy, a pillar of

support and encouragement. His valuable and highly pertinent suggestions

iii

substantially improved the contents. A formal word of thanks alone cannot

express my gratitude.

I am much obliged to My Mentor Prof. R. Narayanaswamy, Senior

Grade Lecturer in History (Rtd.), Thiru. Vi. Ka. Government Arts College,

Tiruvarur, who has made constructive comments to improve the thesis.

I express my sincere thanks to Dr. Surya Murthy, Reader in History,

(Rtd.), Periyar EVR College, Trichy, Dr. Bernard D’ Sami, Professor of

History, Loyola College, Dr. C. Balakrishnan, Professor of History, IDE.,

University of Madras, Chennai and Dr. N. Sethuraman, Assistant Professor,

Department of History, Periyar Arts College, Cuddalore.

I express my deep sense of gratitude to Dr. C. Tamilselvi, Reader in

History, Thiru. Vi. Ka. Government Arts College, Tiruvarur, for her

valuable suggestions and encouragement to do this work.

I express my deep sense of gratitude to Dr. P. Venkatesan, Reader in

History, Thiru. Vi. Ka. Government Arts College, Tiruvarur, for his valuable

suggestions and encouragement to do this work.

I express my sincere thanks to Ms. M. Nageswari, Assistant Professor,

Department of History, Seethalakshmi Ramasamy College, Trichy.

I am thankful to the Staff Members of Department of History in Thiru.

Vi. Ka Government Arts College, Tiruvarur for their timely help to complete

my research work.

iv

My special thanks to Mr. Henri Tiphagne, Executive Director, People’s

Watch, Dr. Devasahayam, Director, Institute of Human Rights Education of

People’s Watch. And I am indebted to the Staff Members of the People’s

Watch for their timely help and their frequent motivation to prepare this

thesis work.

I express my thanks to my Friends, well–wishers and Fellow

Researchers for their timely help and encouragement.

Mr. S. Ravichandran, Research Scholar, Department of History,

Bharathidasan University, Trichy, Mr. K. Marimuthu, Research Scholar,

Department of History, Bharathidasan University, Trichy, and

Mr. V. Murali, Research Scholar, Department of History, Bharathidasan

University, Trichy, had extended help at every stage work of this thesis. My

Thanks are due to them.

I fondly acknowledge my beloved Parents and my Family Members for

their encouragement throughout my research work, and I dedicate this

Research to them.

(CHITRALATHA)

ABBREVIATIONS

AIR - All India Report

CACL - Campaign Against Child Labour

CACT - Campaign Against Child Trafficking

CAN - Coastal Action Network

CASI - Campaign Against Shrimp Industry

CASSA - Campaign Against Sex Selective Abortion

CAT - Campaign Against Torture

CHRM - Citizens for Human Rights Movement

DC - Documentation Centre

ECOSOC - Economic and Social Council

HC - High Court

HRC - Human Rights Committee

ICCPR - International Covenant on Civil and Political Rights

ICESCR - International Covenant on Economic, Social and Cultural Rights

IHRE - Institute of Human Rights Education

JSTF - Joint Special Task Force

NCM - National Commission for Minorities

NCSC - National Commission for Scheduled Castes

NCST - National Commission for Scheduled Tribes

NCW - National Commission for Women

NGO - Non – Governmental Organization

NHRC - National Human Rights Commission

NIC - National Informatics Centre

PHRA - Protection of Human Rights Act

vi

PUCL - People’s Union for Civil Liberties

PWTN - People’s Watch – Tamil Nadu

RCTV - Rehabilitation Centre for Torture Victims

RLO - Regional Law Officer

RMA - Regional Monitoring Associates

RTI - Right To Information Act

SAJI - Strengthened Access to Justice in India

SC - Supreme Court

SCM - State Commission for Minorities

SCW - State Commission for Women

SHRC - State Human Rights Commission

SMO - State Monitoring Officer

SOCO - Society of Community Organization

TLAC - Tsunami Legal Action Committee

UNDP - United Nations Development Programme

UDHR - Universal Declaration of Human Rights

UNO - United Nations Organization

VDPA - Vienna Declaration and Programme of Action

LIST OF TABLES

Table No. Title Page

1. Fact Findings Undertaken by the Monitoring 135 Unit of People’s Watch

2. People’s Watch - Intervention Unit Report 137

3. People’s Watch - Human Rights Education 152 Unit Report

4. Fact Finding analysis of the Preventing Torture 157 ProjectUnit of People’s Watch

5. People’s Watch - Tsunami Legal Action 171 Committee Unit Report

LIST OF CHARTS

Chart No. Title Page

1. Organogram of People’s Watch 124

2. People’s Watch – Monitoring Unit Structure 133

3. Fact Finding Process of People’s Watch 134

4. People’s Watch – Intervention Unit Structure 136

5. People’s Watch – Rehabilitation Center for Torture 145 Victims Unit Structure

6. Organogram of Institute of Human Rights Education 154 of People’s Watch

7. Organogram of National Project on Preventing 160 Torture Project Unit of People’s Watch

8. Structure of Citizens for Human Rights 188 Movement Unit – People’s Watch

IInnttrroodduuccttiioonn

INTRODUCTION

‘Human Rights’ is a twentieth century term for what had been

traditionally known as “Natural Rights” or, in a more appealing phrase,

the “Rights of Man”. The notion of “Rights of Man” and other such

concepts of Human Rights are as old as humanity. These rights of men

had a place almost in all the ancient societies of the world, though they

were not referred to by that name.1 The Virginian Declaration of Rights

of 1776 other similar Constitutional enactments in the same year, the

Constitution of New York and of New Georgia of 1777 and that of

Massachusetts of 1780, the Declaration of Independence of 1776; the Bill

of Rights in the form of the first ten amendments to the Constitution of

America and the Declaration of the Rights of Man and of the Citizen

adopted in 1789 by the French National Assembly and prefixed to the

Constitution of 1793 and 1795 expressly acknowledged the inherent rights

of man . It is a general belief that the concept of human rights is Western

and that the origin of the concept of human rights in world history found

its first expression in the “Magna Carta’ of 1215 followed by the Petition

of Rights of 1628, the Bill of Rights of 1688, the American Bill of Rights

of 1791 and the French Declaration of the Rights of Man of 1789.

Democracy, which entered the vocabulary of the English language

in the sixteenth century, had is birth way back in Athens some 2500 years

ago. Official respect for freedom was sanctified (in the Western heritage)

by the 1688 English Bill of Rights. It is interesting to note that prior to

1 S. Subramanian, Human Rights: International Challenges, Vol.I, (New Delhi:

Manas Publications. 1997), p.3.

2

the use of the term Human Rights such rights were typically called the

Rights of Man or Natural Rights. Thomas Paine, who coined the

expression “human rights” in his English translation of the French

Declaration of the Rights of Man and the Citizen (1789), wrote his classic

book on Human Rights in 1792 titled The Rights of Man in the same year,

for the first time in recorded history. Mary Wollstonecraft argued for

equal rights for women in her equally classic book A Vindication of the

Rights of Woman. Eleanor Roosevelt suggested the change of name from

“Rights of Man” to “Human Rights” in 1947. This term has since been

universally accepted, beginning with the Universal Declaration of Human

Rights which the General Assembly had passed on 10th December 1948.2

In this context, the following six UN human rights treaties have a

central role to play: the International Convention on the Elimination of

All Forms of Racial Discrimination (1965) (CERD); the International

Covenant on Economic, Social and Cultural Rights (1966) (CESCR); the

International Covenant on Civil and Political Rights (1966) (CCPR),

together with the First Optional Protocol (OPI) to this Covenant; the

Convention on the Elimination of All Forms of Discrimination Against

Women (1979) (CEDAW); the Convention Against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment (1984) (CAT);

and the Convention on the Rights of the Child (1989) (CRC).3

2 Waltz and Susan Eileen, “Universalizing Human Rights: The Role of Small

States in the Construction of the Universal Declaration of Human Rights”, Human Rights Quarterly, Volume 23, No.1, February, 2001, p.44.

3 C.H. Heyns and Frans Viljoen, “The Impact of the United Nations Human Rights Treaties on the Domestic Level”, Human Rights Quarterly, Vol.23, No.3, August, 2001, p.483.

3

The first paragraph of the Preamble of the inter-American human

rights system, the American Declaration on the Rights and Duties of

Man, contains the same language as the Universal Declaration of Human

Rights, premising rights on birth, stating: "All men are born free and

equal in dignity and rights".4

However, human rights are not conferred by constitutions,

conventions, or governments. These instruments do not give rise to

human rights but simply recognize them and provide the machinery for

their protection and enforcement. Traditionally, human rights fall into

two classifications: substantive human rights and procedural human

rights. Substantive rights include basic rights and freedoms such as the

freedom of conscience and assembly, as well as protection of the right to

life. Procedural human rights refer to basic principles of a legal system,

including the law of evidence, and of criminal and civil procedure.5

Rights are those conditions of social life without which man cannot

be at his best. They are essential for the full development and expression

of his personality. A right is a claim recognized by society and enforced

by the State Rights are the external conditions necessary for the greatest

possible development of the capabilities of an individual

4 Rhonda Copelon, Christina Zampas, Elizabeth Brusie, Jacqueline deVore,

“Human Rights Begin at Birth: International Law and the Claim of Fetal Rights”, Reproductive Health Matters, Vol. 13, No. 26, (Nov., 2005), p.125. 5. Gabrielle Kirk McDonald, “Substantive and procedural aspects of international criminal law: the experience of international and national courts. Documents and cases; 1, Volumes 1-2.New Delhi: BRILL. p.367

4

Human beings are rational. By virtue of being human they possess

certain basic and inalienable rights, commonly known as human rights.

They become operative with their birth Human rights, being the

birthright, are therefore inherent in all human beings irrespective of their

caste, creed, religion, sex and nationality Human rights are also sometimes

referred to as fundamental rights, ‘basic rights’, ‘inherent rights. natural

rights’ and ‘birth rights’ ‘Human rights’ is a generic term which embraces

‘civil rights’, civil liberties, and social, economic and cultural rights’ The

idea of human rights is bound up with the idea of human dignity Thus all

those rights, which are essential for the maintenance of human dignity,

are called human rights. These rights are essential for all individuals as

they are consonant with their freedom and dignity and are conducive to

their physical, moral, social and spiritual welfare Human rights include

those areas of individual or group - freedom that are immune from

Governmental interference because of their basic contribution to human

dignity or welfare and are subject to Governmental guarantee, protection

or promotion.

Human Rights as universally known are rights which a human

being enjoys by virtue of being Human. Human Rights in the modern

context are not only the fundamental Rights of an individual, but a

valuable asset of a society.

‘Human Rights’ is both a simple as well as difficult expression to

define and comprehend. Simple in the sense that ‘Human Right’ is defined

simply as the rights of human beings.

5

For example, D.D.Basu has defined ‘Human Rights’ as “those

minimal rights, which every individual must have against the state or

other public authority by virtue of his being a member of the human

family, irrespective of any other consideration”.6 Gewirth described

Human Rights as “rights which all persons equally have simply in so far

as they are human”.

As defined in the protection of Human Rights Act, 1993 of the

Government of India, Human Rights means “the rights relating to life,

liberty, Equality and dignity of the individual guaranteed by the

constitution or embodied in the international covenants and enforceable

by courts in India”.

Before trying to understand the meaning of the term ‘Human

Rights’ it will be more appropriate to understand the meaning of the

word ‘Right’ in its proper sense. Allen has defined ‘Right’ as “the legally

guaranteed power to realize and interest’.7

Holland has defined ‘Right’ as “the capacity residing in one man of

controlling, with the assent and assistance of the state, the actions of

others”.

6 D.D.Basu, Human Rights in Constitutional Law, (Nagpur: Wadhwa Company,

2003), p.8. 7 L.B. Curzon, Jurisprudence, (London: Cavendish Publishing Limited, 1993),

p.222.

6

Holmes has defined ‘Right’ as “nothing but permission to exercise

certain natural powers and upon certain conditions to obtain protection,

restitution, or compensation by the aid of public force”.

Salmond defined ‘Right ‘as an interest which the law will recognize

and protect, respect for which is a legal duty, disregard of which is legal

wrong.8

Therefore in view of the above definitions of ‘right’, Human Rights

will mean those interests of human beings, which are recognized and

protected by the state.

Human rights are held by all persons equally, universally and for

ever.

Human Rights are inalienable.9

Human Rights are indivisible.10

Human Rights are interdependent.11

For example, one’s ability to participate in his/her government is

directly affected by his/her right to information, right to education, and

even to obtain the necessities of life.

8 Ibid., p.229. 9 They are rights that belong to every person and cannot be taken from a person

under any circumstances. 10 A person cannot be denied a right because it is ‘less important’ or ‘non-

essential’ 11 All human rights are part of a complementary frame work.

7

Major internationally recognized Human Rights are as follows:12

Non-discrimination Self-determination Right to Life Presumption of innocence Liberty Freedom of movement Security of Person Asylum from persecution Prohibition of slavery Nationality Prohibition of Torture Marry and found a family Equal protection of the law Freedom of Assembly No arbitrary arrest Freedom of thought and religion Access to legal remedies Freedom of expression and the press Protection of privacy Political participation Ownership of property Social security Rest and Leisure Food, clothing and housing Free trade unions Education Development

The belief that everyone, by virtue of her or his humanity, is

entitled to certain human rights is fairly new. Its roots, however, lie in

earlier tradition and documents of many cultures; It took the catalyst of

12 People’s Watch, Human Rights for Lawyers, (Madurai: People’s Watch

Publication, 2004), p.3.

8

world war II to propel human rights on to the global stage and in to the

global conscience.13

The first documentary use of the expression ‘Human Rights’ is to

be found in the charter of the United Nations, which was adopted (after

the Second World War) at San Francisco on 25 June, 1945 and ratified by

a majority of its signatories in October. On 10 December, 1948, the

United Nations General Assembly adopted the Resolution 217 A [III] and

proclaimed the Universal Declaration of Human Rights (UDHR).14 By its

Resolution 2200 A (XXI), on 16 December, 1966, the UNO adopted the

International Covenant on Civil and Political Rights, and International

Covenant on Economic, Social and Cultural Rights which came into

force on 23 March, 1976 and 3 January, 1976 respectively. The second

world Conference on Human Rights was held at Vienna in 1993. Many

national and International Non Governmental Organizations (NGOs)

have participated in this Conference. Vienna declaration gave the first

major recognition to the role of Non Governmental Organizations in

Human Rights Movements.15 Despite great advances in human rights

since the Universal Declaration of Human Rights (UDHR) was adopted

by the United Nations in 1948, the gaps between the UDHR’s ideals and

current world realities remain massive.16

13 Anuradha Mittal, Peter Rosset(Ed),America needs human rights,(New York:Food First Books, 1999).p.166

14 Franklin. D. Roosevelt, General Assembly Adopts Declaration of Human Rights, 19th Department of state Bulletin, 1948, p.751; See also Report of the Commission on Human Rights on the second session of the Commission, Drafting Committee, United Nations Document, E/600, 1947.

15 Sam McFarland and Melissa Mathews, “Who Cares about Human Rights?”, Political Psychology, Vol. 26, No. 3 (Jun., 2005), p.365.

16 Sam McFarland and Melissa Mathews, “Who Cares about Human Rights?”, Political Psychology, Vol. 26, No. 3 (Jun., 2005), p.365.

9

As a follow up action, a few Human Rights activists in Tamil Nadu

joined together and provided a shape to the principles of Vienna

conference in the form of an organization i.e., People’s Watch. This

Human Rights Organization was established in December 10, 1995 at

Madurai. 17 People’s Watch, a national, nongovernmental Human Rights

organization, is a program of the Centre for Promotion of Social

Concerns (CPSC). People’s Watch is the admired organization that works

for the promotion and protection of Human Rights in Tamil Nadu.18

People’s Watch has been actively engaged in the protection and

promotion of Human Rights in Tamil Nadu since 1995. From 1995-98

People’s Watch concentrated on monitoring of human rights violations.

This was the mandate of its governing body and the Program Advisory

Board. It was soon realized that monitoring alone was insufficient. In

1998, People’s Watch began legal intervention on behalf of victims. By

2000, this work had grown and more field monitoring associates were

hired at both zonal and regional levels.19 By 2001, People’s Watch was

working in 11 areas of Tamil Nadu. By itinerary it was realized that

monitoring, intervention and even winning compensation from the

courts was not enough for those who had survived torture, abuse and

imprisonment. Victim rehabilitation was also essential. They desperately

needed Medical, Psychological and Vocational help as well.

17 The Hindu,(Madurai Edition), 11 December,1995; see also Nirmala Arul

Prakash, Manitha Urimai Manathil Malarum Ninaiyugal,(Chennai: 1995), p.6. see also Human Rights Education Institution, Urimai Pookal,(Madurai: Human Rights Education Institution,1999), p.7.

18 File. No.1 of 1996, People’s Watch, Madurai. 19 Manitha Urimai Kangani, November, 2001, p.40.

10

Preceding the United Nations Decade for Human Rights

Education, People’s Watch began a Vigorous training and Education

Program both at state and national level.20 The Institute of Human Rights

Education (IHRE) of People’s Watch was set up with the vision of

building a Human Rights culture in society through education. Since

1995, People’s Watch Tamil Nadu has been involved in various human

rights Campaigns and is a member of various groups in their joint effort

campaigns. Documentation and Publication has been yet another central

function of People’s Watch.

People’s Watch began the National Project on Preventing Torture

in India in 2006. This National Program on Preventing Torture in India is

a unique project intended to demonstrate and combat the widespread use

of torture in India, with a deliberate focus on torture practices routinely

employed by police. Strengthened Access to Justice in India (SAJI) is a

project started by People’s Watch in 2007, to speed up access to justice for

the public. A special website www.saji.net.in was created through this

project. In 2007 People’s Watch has initiated the ‘Citizens for Human

Rights Movement’ (CHRM), a Human Rights Movement at the

grassroots level, based on the belief that Human Rights promotion and

protection must be a public and not merely institutional agenda. It is to

help to create a Human Rights culture in Tamil Nadu. People’s Watch

had developed into a highly-respected, effective NGO, making

connections, facilitating programs and spreading both a heightened

awareness and an imperative to be an agent for change.

20 Manitha Urimai Kalvi, Pamphlet, (Madurai: People’s Watch Publication,

1998).

11

Statement of the Problem

Human Rights became an international concern since the beginning

of the twentieth century. Non Governmental Organizations are playing

an important role in the Human Rights Protection and Promotion. There

are several Human Rights Organizations in Tamil Nadu working for the

protection and promotion of Human Rights. People’s Watch is one of the

Non Governmental Human Rights Organizations functioning in Tamil

Nadu. It plays the lead role and it takes the vanguard position in the

protection and promotion of Human Rights. In this thesis an attempt is

made to study People’s Watch and its activities in the Human Rights

milieu.

Review of Literature

An attempt is made in this section to review the available literature

on human rights with a view to examining the different standpoints and

views adopted by various thinkers and experts. In as much as a

comprehensive analysis of all the literature relating to the topic is neither

essential nor requisite, only the relevant contributions are briefly

presented.

Attar Chand's in his book, Politics of Human Rights and Civil

Liberties (1985) is an important work that enumerates the various rights

guaranteed in the contemporary political systems of the world. A close

study of this book enables us to correctly assess the possibility of the

realization of those rights in the Indian context.

12

C.F. Agarwal in his book entitled. Human Rights examine the

international standard for the protection of human rights and then

compare them with that of Indian standards.

D.D Basu, in his book Commentary on Human Rights in the

Constitutional Law gives a systematic exegesis of all the provisions of the

Indian Constitution including chapter II that deals with fundamental

rights. Besides, he gives a comparative analysis of the constitutional

framework of the contemporary political systems.

A.R Desai’s (ed) Violation of Democratic Rights in India (1986)

exhaustively discusses how far the people of India enjoy the fundamental

Rights guaranteed by the Indian Constitution.

Prof. A.V. Dicey in his famous work, An Introduction to the study

of the Law of the Constitution gives a meaning to the concept of personal

liberty.

H. Lauterpacht in his book, International Law and Human Rights

systematically traces the evolution of human rights at the international

level After discussing the various provisions of the U.N, Charter

concerning human rights, he throws light on the adoption of the

Universal Declaration of Human Rights.

13

John Humphrey’s book entitled No Distant Millennium: The

International Law of Human Rights (1989) deals with the principal organs

of the UN and human rights. This book seeks to broaden the scope of

current thinking on human rights so that the idea of those rights becomes

a reality.

Dr. S K Kapoor in his book Human Rights Under International

Law and Indian Law explains the origin, growth and development of

human rights, the Universal Declaration of Human Rights and Regional

Protection of Human Rights from a historical perspective. It also deals

with the Indian Human Rights Protection Act 1993, protection of human

rights under the Indian law and the role of the National Human Rights

Commission.

P.L Metha and Neena Varma in their book Human Rights under the

Indian Constitution, the Philosophy and Judicial Jerrymandering (1999) focus

attention on the origin and development of human rights jurisprudence

since Pre-Vedic times with special emphasis on its vicissitudes during

different periods. The book also discusses the various constitutional

provisions meant to provide human Rights to the people of India

Nagendra Singh in his book. Enforcement of Human Rights (1986)

lists the ways and means for the enforcement of human rights it

provides an insight into the problems involved in the enforcement of

human rights in India

14

M .V. Pylee’s Our Constitution, Government and Politics discusses

the main factors responsible for the incorporation of fundamental rights

in the Indian Constitution starting from the Constituent Assembly

debates.

B.N Rau’s Human Right in India contains all the relevant debates

and deliberations that took place on the floor of the Constituent

Assembly of India on the desirability of the adoption of fundamental

rights in the present Constitution.

Subhash C. Kashyap in his book entitled Human Rights and

Parliament seeks to clarity the meaning, scope and ratifications of the

concept of human rights In India and the role that Parliament played in

safeguarding them.

People’s Watch Published Tamilagathil Manitha Urimaikal (Tamil),

Urimai Pookal (Tamil), Chitravathai (Tamil), Manitha Urimaikal Manathil

Malarum Ninaivugal by Nirmala Arul Prakasam, Urimai Malar (Tamil), A

Positive Dialogue on Human Rights with Legal Professionals and Manitha

Urimai Kangani provides details on the rights of the people at the state

level.

15

Objectives of the Study

The objectives of the study are:

To trace the evolution of the Human Rights concept through

the ages.

To sketch the place given to Human Rights in the Indian

Constitution.

To find out the Mechanisms that is available for the Human

Rights protection.

To examine the origin, background and emergence of People’s

Watch,

To unveil the administrative structure, programs and activities

of People’s Watch.

To study about the contribution of People’s Watch to the

society in protecting and promoting the Rights of the people.

Methodology

The Research Methodology being adopted for the present study is

historical and analytical. Events are narrated in logical order. Analysis and

interpretation with traditional historical narrative have been adopted for

research exposition. The structure and functions of the People’s Watch is

studied in detail by visiting the office and by interviewing the staffs of the

organization and Human Rights activists.

Scope of the Study

The present study analyses the role played by the People’s Watch

for the protection and promotion of Human rights in Tamil Nadu from

1995 to 2008.

16

Sources

The study is based on both primary and secondary sources. The

source materials consulted for this study ranges from Newspapers,

journals, books, pamphlets and personal interviews with the staffs of the

People’s Watch organization and Human Rights activists. Data have been

collected from the People’s Watch Documentation Center, Madurai,

Connemara Library, Chennai, Tamil Nadu Archives, Chennai,

Bharathidasan University Library, Trichy and Tamil University Library,

Thanjavur. The original papers, files, reports and registers that are

available in the People’s Watch documentation center have been studied

with care and the Annual reports of the People’s Watch provided valuable

data in writing the thesis. Articles appeared in periodicals and Reports of

leading Newspapers related with Human Rights issues also been utilized.

Apart from these primary sources, the secondary sources like books

written by distinguished scholars have been taken up for study for the

selected topic. Both the Primary Sources and Secondary Sources have

been used at the appropriate and pertinent areas for this Research. Besides,

this study relies on some important Internet sources and they have been

immensely helpful for this research work.

Plan of the Study

The thesis consists of six chapters apart from Introduction and

Conclusion. The Scope, Objectives, Review of Literature, Methodology

and Sources of study are explained in the Introduction. The First chapter

traces the evolution of the concept of Human Rights through the ages.

The Second chapter deals about Human Rights in relation to the Indian

Constitution. The Third chapter narrates about United Nations Human

17

Rights bodies, the National and the State Human Rights Commissions

and its Powers and functions. The Fourth chapter describes about

People’s Watch. Its history, background, objectives and administrative

structure are discussed in this chapter. The various Programs and activities

of People’s Watch for the protection and promotion of Human Rights are

given in the Fifth chapter. The steps taken by People’s Watch to develop

Human Rights culture in the society are mentioned in the Sixth chapter.

The Conclusion sums up the findings.

CChhaapptteerr –– II

18

CHAPTER I

EVOLUTION OF HUMAN RIGHTS CONCEPT

The term "Human Rights” is comparatively of recent origin. But

the idea of human rights is as old as the history of human civilization.

Human rights are deeply rooted in the historical past. The history of

mankind has been firmly associated with the struggle of individuals

against injustice.1

‘Human Rights has become today one of the central challenges of

civilization’ stated by the United Nations General Secretary Boutros

Boutros Ghali on the eve of the World conference on Human rights held

on 29th March 1993.2 The topic of Human Rights is a universal concern. It

cuts across major ideological, political and cultural boundaries. The idea

of Human Rights is getting momentum day by day and year by year.

The history of Human rights is as old as the birth of human

civilization itself.3 So the art of human rights is a product of human

civilization. From the period of man’s experiment to live together in

groups and struggle against natural forces for his very survival he has

adopted certain social norms and individual restrictions which form the

basis of the history of human rights. Throughout history powerful

individuals dominated the society. But at the same time the society always

1 V.R. Krishna Iyer, Human Rights and Inhuman Wrongs, (New Delhi; B.R

Publishing Co.. 1990). p.36 2 Naorem Sanajaoba, Human Rights: Principles, Practices, & abuses, (London:

Omsons Publications, 1994), p.24. 3 Paul Gordon Lauren, The Evolution of International Human Rights: Visions

Seen, (Pennsylvania: University of Pennsylvania Press, 2003), p.98.

19

felt that the need to protect the life and belongings of individuals as a

responsibility of the leader who wielded power. Thus the rulers

themselves had to follow certain political norms to maintain social order.

The present day human rights are the historical outcome of a sustained

struggle of man and societies lasting for about two thousand years.

International conventions both global and regional state it, at length and

in relation to a large number of rights. All Human beings are the central

subject of Human rights and Fundamental freedoms. In simple terms,

whatever adds to the dignified and free existence of a human being should

be regarded as Human rights.4 The concept of human rights, embodying

the minimum rights of an individual versus his own state, is as old as

political philosophy.

Human rights is a concept that has been constantly evolving

throughout Human history. They have been intricately tied to the laws,

customs and religions throughout the ages. One of the first example of a

codification of laws that contain references to individual right is the tablet

of Hammurabi.5 The Sumerian king Hammurabi created the tablet about

4000 years ago. While considered barbaric by today’s Standards the

system of 282 laws created a precedent for a legal system.

Moreover, the concept of a human right has certain central

elements that any plausible understanding of human rights must

incorporate. First, human rights express ultimate moral concerns: Persons

4 V.P. Srivastav, Human Rights - Issues and Implementations, (Delhi: Indian

Publishers Distributors, 2002), p.3. 5 Paul Gordon Lauren, The Evolution of International Human Rights,

(Philadelphia: University of Pennsylvania Press, 1998), p.281.

20

have a moral duty to respect human rights, a duty that does not derive

from a more general moral duty to comply with national or international

legal instruments. (In fact, the opposite may hold: Conformity with

human rights is a moral requirement on any legal order, whose capacity

to create moral obligations depends in part on such conformity.) Second,

human rights express weighty moral concerns, which normally override

other normative considerations. Third, these moral concerns are focused

on human beings, as all of them and they alone have human rights and the

special moral status associated therewith. Fourth, with respect to these

moral concerns, all human beings have equal status: They have exactly the

same human rights, and the moral significance of these rights and their

fulfillment does not vary with whose human rights are at stake. Fifth,

human rights express moral concerns that are unrestricted, i.e., they

ought to be respected by all human agents irrespective of their particular

epoch, culture, religion, moral tradition or philosophy. Sixth, these moral

concerns are broadly shamble, i.e., capable of being understood and

appreciated by persons from different epochs and cultures as well as by

adherents of a variety of different religions, moral traditions and

philosophies.6

Justice P.N.Bhagwati, referring to the laws promulgated in the

reigns of Uru ka gina of Lagash (3260 B.C), Sargon of Akkad (2300 B.C)

and Hammurabi of Babylon (1750 B.C), has pointed out that the roots for

the protection of the rights of man may be traced as far back as in the

6 Thomas Pogge, “The International Significance of Human Rights”, The Journal

of Ethics, Vol. 4, No. 1/2, (Jan. - Mar., 2000), pp.46.

21

Babylonian laws, Assyrian laws, Hittiti laws and in the Dharma of the

vedic period in India.7

There are evidences to show that freedom of speech (isogoria),

equality before law (isonomia), right to vote, right to be elected to public

office, right to trade and right of access to Justice were protected in the

Greek city states.8

Romans also enjoyed these rights under the jus civile of the roman

law. It was in ancient Greece where the Concept of human rights began

to take a greater meaning than the prevention of arbitrary persecution.

Human rights became synonymous with natural rights, rights that spring

from natural Law. According to the Greek tradition of Socrates and

Plato, natural law is law that reflects the natural order of the universe,

essentially the will of the gods who control nature.9

This idea of natural rights continued in ancient Rome, Where the

Roman jurist Ulpian believed that natural rights belonged to every

person, whether they were a Roman citizen or not. There were great law

makers the Roman, Justinian, for one who published his great codex of

various laws in the early 6th century- who tried to establish a cohesive

schemes of rights and duties. The codification of Roman law was

completed under Justinian.10

7 C.F. Agarwal, Human Rights, (Allahabad: Central Law Publications, 2000), p.4. 8 Justice Hosbet Suresh, Fundamental Rights as Human Rights, (Mumbai:

Sabrang Communications and Publishing Pvt. Ltd., 2003), p.3. 9 Thomas Paine, Rights of Man, (Narmonds Worth: Everyman Ed., 1958), p.8. 10 Jan Nieuwenhuis, Growing human rights and values in education, (New York:

Van Schaik, 2007), p.36.

22

The great religions of the world Judaism, Hinduism, Christianity,

Buddhism, Taoism, Islam and others have all sought to establish

comprehensive, coherent Moral codes of conduct based on divine law.11

All contain profound ideas on the dignity of the human being, and are

concerned with the duties and obligations of man to his fellow human

beings, to nature and indeed to God and the whole of Creation.

Once the concept of higher law binding on human authorities was

evolved, it came to be asserted that there were certain rights anterior to

society, which too were superior to rights created by the human

authorities, were of universal application to men of all ages and in all

climes and were supposed to have existed even before the birth of political

society. These rights could not therefore, be violated by the state.

Blackstone in his “Commentaries on the laws of England” has

pointed out that the right to personal security, right to personal liberty

and the right to private property is ‘founded on nature and reason’.12

The Magna Carta granted by king John of England on June 15,

1215 ensured feudal rights and dues and came as an assurance to the

people of England that the King would not encroach upon their

privileges. The Magna Carta made it clear that people had certain rights,

11 Giriraj Shah, Human Rights-Looking back And Forging Ahead, (Mumbai:

Himalaya Publishing House, 2004), p.150. 12 J.L Brierly, “The Law of the Nations” in Humphrey Waldock (ed.),(London

Cambridge University Press,1963), p.20.

23

which the king is bound to recognize and if he fails to do so, be compelled

to observe by force.13

The protection of the people’s rights, especially the right to

political participation, and freedom of religious belief and observance,

against an oppressive government was the catch cry of the English

revolution of 1640 (which led to rebel leader Oliver Cromwell heading

the government and the King being executed) It was also the catch cry for

the rebellion against the civil administration–the‘GloriousRevolution’-

of1688,which saw another King on the throne, but also led to the English

‘Bill of Rights’ in 1689.14

The Bill of Rights dealt with the fundamental concerns of the time.

It made the King subject to the rule of law, like any citizen, instead of

claiming to be the law’s (divine) source.15 It required the King to respect

the power of parliament- elected by the people, with the power to control

the state’s money and property. It protected some basic rights to justice –

excessive bail or fines, cruel and unusual punishments and unfair trails: it

guaranteed juries, impartial courts and independent judges. It repeated

some of royal promises made by King John, under duress, in the Magna

Carta.

13 R.D. Trivedi, A Compendious History of English Literature, (New Delhi: Vikas

Publishing House., 1976), p.28. 14 Durga Das Basu, Human Rights in Constitutional Law, (Nagpur: Wadhwa and

Company, 2003), p.49. 15 Patrick T. Conley, John P. Kaminski,The Bill of Rights and the states: the

colonial and revolutionary origins of American liberties, (London: Rowman & Littlefield, 1992), p.428.

24

Rousseau who gave a Kinetic impetus to the doctrine by

emphasizing that from the people was to guarantee the natural rights of

man, of freedom of equality. These were “natural” rights in as much as

they inhered in man in the ‘state of nature’: “Man is born free and

everywhere he is in chains”.16

Towards the end of the 18th century, according to the philosopher

John Locke, it was argued that it was part of God’s natural law that no

one should harm anybody else in their life, health, liberty or possessions.

These rights could never be given up. The existence of this natural law

also established the right to do whatever was necessary to protect such

rights.17

This view limited the role of government. No one could be

subjected to another’s rule unless they consented. A government’s

responsibility became the duty to protect natural rights. This limited

what it could legitimately do and gave its citizens the right to defy and

overthrow a government that overstepped its ‘legitimate’ authority.

This thinking underlay the American Colonies ‘Declaration of

independence’ in 1776. This not only asserted that governments were

established by the consent of the people to protect rights, but

unforgettably expressed these rights in the terms that: “all men are created

16 Rousseau, Social Contract - Discourse on Inequality, Pt. II, ((London: J.M.

Dent, 1913), pages 207-238 17 C.B. Macpherson, Natural Rights in Hobbes and Locke in Raphael - Political

Theory and the Rights of Man, (London: Cambridge University Press, 1964), p.6.

25

equal, that they are endowed by their creator with certain inalienable

rights that among these are Life, Liberty and the pursuit of Happiness”.18

Governments that did not carry out their protective role could be

overthrown. In 1789, as a result of the French Revolution, the

Declaration of Rights of Man and of citizens asserted the primacy of

natural rights in similarly inspirational terms to the US Declaration of

Independence.19

The declaration of the French Revolution, which may be regarded

as a concrete political statement on Human rights and which was inspired

by the Lockeian Philosophy declared: “The aim of all political association

is the conservation of the natural and inalienable rights of Man”. The

French revolution ushered an era of liberalism and humanitarianism.

Different human rights ideologies developed in various parts of the world.

National governments felt the urgent need to enact legislations for

securing social and economic security for the common man.20

The Vienna treaty of 1815 had abolished slave trade. The Geneva

Convention of 1864 laid down rules for the protection of the wounded

and the sick during wars. Founding of the Red Cross society was a

remarkable event as it did humanitarian services for the war victims all

18 A.H. Robertson and J.G. Merrills, Human Rights in the World, (Delhi:

Universal Law Publishing Co. Pvt. Ltd, 2005), p.12. 19 J.S. Verma, The New Universe of Human Rights, (Delhi: Universal Law

Publishing Co. Pvt. Ltd, 2004), p.114. 20 Anuradha Kumar, Human Rights Global Perspectives, (New Delhi: Sarup &

Sons, 2002), p.28.

26

over the world. The First World War spread democratic values in many

countries.21

The important fundamental philosophy of human rights arose from

the idea of positive law. Thomas Hobbes (1588-1679) saw natural law as

being very vague and hollow and too open to vast differences of

interpretation. Therefore under positive law, instead of human rights

being absolute, they can be given, taken away, and modified by a society

to suit its needs.22

Jeremy Bentham, another legal positivist sums up the essence of the

positivist View: “Right is child of law; from real laws come real rights,

but from imaginary law, from ‘Laws of nature’, come imaginary rights…

Natural rights are simple nonsense”.23

Karl Marx was primarily concerned with the protection and welfare

of have-nots who were generally oppressed and exploited by the capitalists

and land lords. He believed that economic security and equality are the

corner stone of individual rights. Individual liberties are of no use without

economic equality and social security. This marks a clear shift from

liberty to equality.24

21 Robert W. Tucker, The Law Of War And Neutrality At Sea, (London: The Lawbook Exchange, Ltd., 2006), p.98.

22 Cf. I. Shapiro, The Evolution of Rights in Liberal Theory, (Cambridge: Cambridge University Press, 1964), p.469.

23 J. Bentham, Anarchical Follies, quoted in N. Kinsella, Tomorrow’s Rights in the Mirror of History, (Toronto: Butterworths Publications, 1982), p.17.

24 Kenneth Janda, Jeffrey M. Berry, Jerry Goldman and Kevin W. Hula, The Challenge of Democracy: American Government in a Global World, (New York: Cengage Learning, 2008), p.9.

27

The League of Nations established in 1920 did a lot of humanitarian

services.25 The Russian revolution of 1917 and establishment of the

proletarian governments gave a new dimension to the concept of human

rights. Social and Economic rights were placed on the same status of civil

and political rights. The international labour organization in 1919 had

resolved to work relentlessly for the promotion of social justice and

respect for the dignity of workers. The rise of dictatorships in Europe

during the inter war period and the harassment of minorities by Adolf

Hitler’s regime generated international concern for the rights of

Minorities.26

The Second World War was a turning point in the history of

human rights movement. The leaders of the Allied powers while

formulating post war objectives stresses the need for safe guarding

fundamental human freedoms. Though the concept of human rights is as

old as the ancient doctrine of ‘natural rights’ founded on natural law, the

expression ‘human rights’ is of recent origin, emerging from (post second

world war ) international charters and conventions.27

The first use of the expression ‘Human Rights’ is to be found in the

Charter of the United Nations, which was adopted at San Francisco on

25 Warren F. Kuehl and Lynne Dunn, Keeping the covenant: American

internationalists and the League of Nations, 1920-1939, (New York: Kent State University Press, 1997), p.134.

26 Emanuel Adler, Beverly Crawford, Progress in postwar international relations, (New York: Columbia University Press, 1991), p.21.

27 Naorem Sanajaoba, Human Rights – Current Issues, (New Delhi: Omsons Publication, 2004), p.73.

28

June 25, 1945.28 The United Nations Charter insisted on the need to

promote international co-operations for the implementation of human

rights. The Economic and Social Council was empowered in Article 62 to

“make recommendations for the purpose of promoting respect for, and

observance of human rights and fundamental freedoms for all”. Article 68

has provided for the setting up of the commission on human rights.29

Today, of course, the definition of "human rights" has been

extended far beyond the limits which the Roman jurists and their heirs

intended for "natural rights." The shift from "natural" to "human" reflects

a modern unease with the conception of an essentialised "nature" and, in

particular since the death of the natural-law tradition in Kant, with the

idea of the existence of guiding natural principles.30

But the human rights movement, which has had such a powerful

impact on international law and relations in the post-World War II

period, has in recent years turned its attention to extradition. Treaties,

executive acts and judicial decisions on extradition have all been affected.

At the same time, transnational and international crime has increased.

The international community has responded by creating new institutions

and expanding the network of bilateral and multilateral treaties designed

28 M.S. Rajan, The Expanding Jurisdiction of the United Nations, (Bombay: N.M.

Tripathi Pvt. Ltd, 1982), p.64. 29 Joan Church, Christian Schulze and Hennie Strydom, Human rights from a

comparative and international law perspective, (London: Unisa Press, 2007), p.212. 30 Anthony Pagden, “Human Rights, Natural Rights, and Europe's Imperial

Legacy”, Political Theory, Vol. 31, No. 2 (Apr., 2003), p.176.

29

to outlaw transnational crime, promote extradition, and authorize mutual

assistance.31

As in domestic society, it is necessary to strike a balance between

the two so as to establish a system in which crime is suppressed and

human rights are respected. This was stressed by the European Court of

Human Rights in the leading case on extradition and human rights,

Soering v. United Kingdom, when it stated:

Inherent in the whole of the [European] Convention

[on Human Rights] is a search for a fair balance between the

demands of the general interest of the community and the

requirements of the protection of the individual's

fundamental rights. As movement about the world becomes

easier and crime takes on a larger international dimension, it

is increasingly in the interests of all nations that suspected

offenders who flee abroad should be brought to justice.

Conversely, the establishment of safe havens for fugitives

would not only result in danger for the State obliged to

harbour the protected person but also tend to undermine the

foundations of extradition. These considerations must also be

included among the factors to be taken into account in the

interpretation and application of the notions of inhuman and

degrading treatment or punishment in extradition cases.32

31 John Dugard and Christine Van den Wyngaert, “Reconciling Extradition with

Human Rights”, The American Journal of International Law, Vol. 92, No. 2 (Apr., 1998), p.187.

32 Ibid., p.188.

30

Accordingly the Economic and Social Council of the United

Nations has established the Human Rights Commission in 1946. Mrs.

Eleanor Roosevelt was appointed as its chairperson. The commission was

required to make studies and submit its recommendations to the

Economic and Social Council on the following subjects:

International Bill of Rights

International Declarations or Conventions on civil liberties, the

status of women, freedom of information and similar matters

The protection of Minorities, and

The prevention of discrimination on the ground of race, sex,

language or religion.

The commission had completed its work in one year. It had utilized

the services of experts in the field and adhoc working groups of

nongovernmental organizations. The proposals of many member

countries were also taken in to consideration while drafting this

declaration. The Commission has decided that the International Bill of

Human Rights should consist of three parts, i.e., a Declaration, covenants

and measures of implementation. The draft declaration was forward to

the General Assembly through the Economic and Social Council. The

Universal Declaration of Human Rights was adopted and proclaimed by

the General Assembly of the United Nations on 10th December 1948.33

The universal declaration of Human Rights has been hailed “as an

historic event of the profound significance and as one of the greatest

33 General Assembly Resolution, 217 (III), U.N.Doc. A/810, 1948.

31

achievements of the United Nations”.34 Mrs. Eleanor Roosevelt rightly

observed that the Universal Declaration of Human Rights “might well

become the international Magna Carta of all mankind”. The Universal

declaration of Human Rights consists of a preamble and 30 articles. The

first twenty one articles deal with civil and political rights, the next six

articles deal with economic, social and cultural rights and the rest are

general in nature.35

The Universal Declaration of Human rights is neither a treaty nor a

legal document and hence it is not binding on member countries. It

simply emphasizes a common standard of achievement for all peoples and

all nations. However it must be admitted that this declaration has a

profound impact on the law makers of member countries and also courts

of various countries have taken this into consideration while dealing with

cases relating to human rights of citizens. The preamble of the Universal

Declaration of Human Rights declares: “Recognition of the inherent

dignity and of the equal and inalienable rights of all members of the

human family is the foundation of freedom, Justice and peace in the

world”.36

This preceded a range of international conventions, Covenants,

Declarations and other treaties that have followed the tradition. Most

34 H. Lauterpacht, International Law and Human Rights, (London: Oxford

University Press, 1968), p.394. 35 James Avery Joyce, Human Rights: International Documents, (London: Brill

Archive, 1978), p.137. 36 Günther Doeker-Mach, Klaus A. Ziegert, Law, Legal Culture and Politics in

the Twenty First Century, (London: Franz Steiner Verlag, 2004), p.206.

32

came from the United Nation. Many nations have incorporated rights

into their national constitutions acknowledging that the rights exist, not

that they are created by their laws. Respect for human rights is becoming

a Universal principle of good governance.37 In 1966 the UN General

Assembly adopted two covenants for the observation of human rights: i)

International Covenant on Civil and Political Rights (ICCPR), ii)

International Covenant on Economic, Social and Cultural Rights

(ICESCR). The ICCPR has a preamble and 53 Articles. These are divided

into six parts. The ICESCR consists of 31 articles divided in to five parts.

Various rights and freedoms are mentioned in them. The covenants

define in more detail most of the rights set out in the Universal

Declaration of Human Rights and deal with some additional rights. The

two covenants came into force in December, 1976.

The right to health, a decent existence, work, and occupational

safety and health; the right to an adequate standard of living, freedom

from hunger, an adequate and wholesome diet, and decent housing; the

right to education, culture, equality and nondiscrimination, dignity, and

harmonious development of the personality; the right to security of

person and of the family; the right to peace; and the right to development

are all rights established by existing United Nations covenants.38

37 J. E. S. Fawcett, The Law of Nations, (London: Penguin Press, 1968), p.152. 38 Barbara Rose Johnston, “Human Rights and the Environment” Human

Ecology, Vol. 23, No. 2 (Jun., 1995), p.115.

33

Progress of Human Rights at the United Nations

The Universal Declaration was followed by the proclamation of

several international conventions and declarations. The rights and

freedoms enshrined in the Universal Declaration on Human Rights have

been incorporated in various declarations and conventions adopted by the

United Nations, such as,

1948 Dec 10 - The Universal Declaration of Human Rights (UDHR).

1948 - Convention on the Prevention and Punishment of the Crime

of Genocide.

1951 - Convention relating to the Status of Refugees.

1952 - Convention on the Political Rights of Women

1956 - Convention on the abolition of Slavery, Slave Trade and

institutions and practices similar to Slavery

1957 - Convention on the abolition of Forced Labour.

1965 - International Convention on the Elimination of All forms of

Racial Discrimination (ICERD) adopted.39

1966 - The International Covenant on Economic, Social and Cultural

Rights (ICESCR) adopted. The International Covenant on

Civil and Political Rights (ICCPR) adopted.40

1973 - International convention on the suppression and punishment

of the Crime of Apartheid.41

1979 - Convention on the Elimination of all forms of Discrimination

against Women (CEDAW) adopted.42

39 U. N. Document. 2106 A (XX) 1965. 40 General Assembly Resolution 2200 A (XXI) 1966; see also U.N. Document. A / conf. 32 (4) 1966. 41 General Assembly Resolution 3068 (XXVII), 1973. 42 U. N Document No. A / Res / 34 / 180, 1979.

34

1984 - Convention against Torture and other Cruel, Inhuman or

Degrading treatment or Punishment (CAT).43

1989 - Convention on the Rights of the Child (CRC).44

1990 - Convention on the protection of the rights of all Migrant

Workers and members of their families*.45

1991 - United Nations Resolution on forced evictions by the sub-

commission on prevention of Discrimination and protection of

Minorities.46

1992 - Declaration on the protection of all persons from Enforced

Disappearance.

1993 - The world conference on Human Rights at Vienna.47

In this conference, 171 states reaffirmed that the Universal

Declaration constitutes a “common standard of achievement for all people

and all nations.” They also accepted that “it is the duty of all states,

regardless of their political, economic and cultural systems to promote

and protect all human rights and fundamental freedoms.”

1995-2004 - The Decade 1995-2004 was proclaimed as the United Nations

Decade for Human Rights Education.

1998 - “Integrating Human Rights with Sustainable Human

Development” – a United Nations Development Program (UNDP) policy

document.

43 U. N. Document. No. A / Res / 39 / 46 /, 1984. 44 U. N. Document. No. A / Res / 4425, 1989. 45 Only those treaties appearing with an asterisk (*) are still open for signature.

All treaties are Open for ratifications, acceptance, approval and/or accession in accordance with their provisions.

46 U.N. Document . E / CN 4 / 1101, E / Sub, 2 / 332. 47 U.N. Chronicle, Vol.XXX.No.3 (Sep. 1993) PP: 54 - 61.

35

This document outlines plans of the United Nations Development

programme to integrate human rights into activities for fighting poverty,

promoting advancement of women, protecting the environment and

developing the capacity for good governance.

2000 - Convention on the Rights of the child on the sale of children, child

prostitution and child pornography.

2006 - Convention on the Rights of persons with Disabilities.

How seriously all the Nations of the world treat the issue of human

rights can be judged by the fact that all the human rights agreements

registered with the United Nations are signed by most of the members of

the United Nations. Such Universal acceptance is rarely visible on other

issues.

History of the United Nations Council for Human Rights (UNCHR)

The UNCHR was created in 1946 as a component of the Economic

and Social Council (ECOSOC).48 Its original purpose was to draft the

Universal Declaration of Human Rights. To devote the effort necessary to

negotiate the Universal Declaration, the UNCHR initially denied itself

the authority to investigate alleged human rights violations committed by

UN member countries. Decolonization produced an increase in the size

of the Commission as more developing countries were eligible for

48 Thomas George Weiss, Sam Daws, The Oxford handbook on the United

Nations, (London: Oxford University Press, 2007), p.517.

36

membership. These new members, in turn, expanded the Commission's

activities. Issues such as the Arab-Israeli conflict, colonialism, and

apartheid served to invigorate the Commission.49

ECOSOC Resolutions 1235 (1967) and 1503 (1970) authorized the

Commission to investigate countries' human rights practices. Under

Resolution 1235, the Commission was empowered to publicly shame a

state by noting concern about a situation. Consideration of a resolution

under the 1235 procedure entailed a public debate, and a successful

resolution meant appointing a rapporteur to investigate the situation and

report back to the Commission. Unlike the public procedures of

Resolution 1235, Resolution 1503 empowered the Commission to

confidentially investigate the human rights practices of member states.

These investigations were based on communications from individuals to

the Commission, and they were intended for information-gathering

rather than obtaining redress for victims. The Commission had more

courses of action available to it under 1503, including communicating

with the accused government and appointing an envoy to the country.

For either procedure, instigating an investigation required a majority vote

from the Commission.50

The fifty-three members of the Commission were elected according

to regional slates, with Africa allotted fifteen seats, Asia twelve, Eastern

49 Martin S. Edwards, Kevin M. Scott, Susan Hannah Allen and Kate Irvin, “Sins

of Commission? Understanding Membership Patterns on the United Nations Human Rights Commission” Political Research Quarterly, Vol. 61, No. 3 (Sep., 2008), p.398.

50 Richard Pierre Claude, Burns H. Weston, Human rights in the world community: issues and action, (Pennsylvania: University of Pennsylvania Press, 2006), p.491.

37

Europe five, Latin America and the Caribbean eleven, and Western

Europe and Other ten. In any given year, one-third of the seats on the

Commission were up for election, and elections took place according to a

two-step procedure. First, the regional groupings attempted to agree on

representatives, who were then subject to a confirmation vote by

ECOSOC. If the states in a region failed to agree on a regional state, then

regional representatives for the Commission were elected via secret ballot

by ECOSOC.51

In the recent past, the Commission became a magnet for criticism

as states with questionable human rights records gained seats. In 2003, the

U.S. Department of State accused nineteen Commission members of

violating human rights, including China, Zimbabwe, Sudan, Syria, Saudi

Arabia, and Congo. A bipartisan commission on the U.S. relationship

with the UN concluded that "the credibility of the Human Rights

Commission has eroded to the point that it has become a blot on the

reputation of the larger institution",52 and the authors of the report

recommended that the UNCHR be abolished. Within the UN, former

secretary-general Annan also suggested eliminating the UNCHR, calling

for its replacement by a Human Rights Council. According to the

Secretary-General this was necessary because the Commission's capacity

to perform its tasks has been increasingly undermined by its declining

credibility and professionalism. In particular, States have sought

membership of the Commission not to strengthen human rights but to

protect themselves against criticism or to criticize others. As a result, a

51 Ibid., p.492. 52 Report of the Task Force on the United Nations, 2005, p.5.

38

credibility deficit has developed, which casts a shadow on the reputation

of the United Nations system as a whole.53

As a response to these criticisms, the United Nations abolished the

UNCHR in 2006 and replaced it with a new Human Rights Council.

According to the then Amnesty International General Irene Khane,

who is the first women, the first Asian and the first Muslim to head the

World’s largest human rights organization, “We would like to see a

system whereby all countries will be equally judged by the proposed U.N.

Human Rights Council”.54

There are several differences between the Commission and the

Council that merit notice. Most important, the new Council is a

subsidiary body of the General Assembly, not of ECOSOC. As a result,

members of the General Assembly, rather than the smaller ECOSOC

body, elect members (and receive its reports). Other major differences

between the old Commission and the new Council are a smaller

membership (the Council has forty-seven members) and a more regular

meeting schedule (the Commission met once a year for six weeks, whereas

the Council meets in at least three sessions a year, each of which lasts at

least ten weeks). In addition, the original proposal to create the Human

Rights Council included greater attention to surveillance through the

creation of a mandatory self-reporting requirement. While the proposed

review procedure still needs to be developed in full by the Council, it is

53 United Nations, Report of the Secretary-General 2005, p. 45.

54 The Hindu, 27 February, 2006.

39

envisioned as an annual enterprise requiring a review of reports submitted

by all states.55 While these changes are significant, the General Assembly

rejected proposals to require nations seeking seats on the Council to

receive a two-thirds vote of the General Assembly and to exclude from

membership states under Security Council sanction for human rights

abuses. These decisions may cause some of the same problems for the

Council that brought down the Commission.56

The negativity surrounding the UNCHR and the skepticism that

surrounds the new Human Rights Council raises a simple and obvious

question: if the Commission lacked credibility, why did states seek to be

elected as its members? While some states may have sought membership

on the Commission to promote respect for human rights, other states

appear to have sought membership precisely to weaken the UNCHR and

the international norms of human rights and, in so doing, avoid censure.

For scholars of international organizations, the UNCHR is an intriguing

case because the ex post effectiveness of the institution seems to have been

driven by perverse ex ante incentives regarding membership.

Human Rights Development in India

The Indian civilization and culture had the highest forms of human

rights and values for thousands of years.57 Hindu scriptures are authentic

in the field of human rights. They are perennial sources of human rights

and values. The Vedas and Upanishads were the primordial sources for all

55 General Assembly Resolution A/RES/60/251 56 United Nations, United Nations Documents Index, April-June 2006, (New

York: United Nations Publications, 2007), p.24. 57 Micheline R. Ishay, The History of Human Rights: From Ancient Times to the

Globalization Era, (New York: University of California Press, 2008), p.66.

40

kinds of human rights and duties. The charter of equality has been

incorporated in the Vedas.58

In Rig Veda, the most ancient of the Vedas, equality of all was

declared in the following words: ‘No one is superior or inferior; all

should strive for the interest of all and should progress collectively’.

Atharvaveda says “All should live together with harmony supporting one

another like the spokes of a wheel”.59 References of civil rights and

criminal liabilities are found in our Puranas.

Dharma, stressed in Indian Hindu scriptures, makes code of

righteous conduct. Indian philosophy also speaks about Dharma and

Rights.60 Arthasasthra enjoins the king to take an oath before assuming

office that he would rule strictly according to Dharma, safeguarding the

happiness of all. Sublime thoughts of secularism can be found in

Kautilya’s Arthashastra.61 The Buddhist sources have prescribed duty

upon the king and subjects to provide food, clothes, shelter and medicine

to the needy.

During the ancient period, efforts were taken to establish a duty

based society guaranteeing human rights to all instead of making right as

the foundation of social life. Vedas laid down the importance of

58 Mamta Rajawat, Burning Issues of Human Rights, (New Delhi: Gyan Books,

2001), p.130. 59 Rama Jois, Legal and Constitutional History of India, Vol.1, (Bombay: N. M.

Tripathi Ltd, 1984), p.583. 60 Jaganath Mohanty, Human Rights Education, (New Delhi: Deep and Deep

Publications Pvt. Ltd, 2003), p.2. 61 Donald E.Smith, India as a Secular State, (New Jersey: Prince town University

Press, 1967), p.60.

41

education. Education is the special manifestation of man. In Manu Smiriti,

there are references about the rules relating to treatment of conquered

people and they constitute the watermark of the respect for and

protection of human rights.62

These principles of Dharma as enunciated by ancient legal system

which remained in-force substantially in the medieval period of history

also, all the Hindu emperors and Mughal kings adopted these principles

for the welfare of society.63 The disputes and controversies were decided

according to Dharma. Although in this period the Mohammadan culture

makes inroads in Indian culture and system and also affected the justice

delivery system but substantially, there was no change, because under

Mohammadan system, the justice was delivered according to the

principles of Quranic and Muslim law. Medieval India witnessed

emergence of new politico-legal system under various Muslim rulers

professing allegiance to Islamic law. Quranic law and Islamic

jurisprudence are known for their republican, humanitarian approach and

reverence to life and justice.

Substantially, there was no change in the Hindu concept of Dharma

and Muslim concept of Quranic law barring few exceptions with regard

to law of marriage and divorce, succession and other principles of law

effecting personal life of man. The principles of all kinds of public and

other laws other than personal remained one and the same. But the

62 Kireet Joshi, The Veda and Indian culture: an introductory essay, (New Delhi:

Motilal Banarsidass Publ., 1994), p.29. 63 M. R. Jois, Human Rights and Indian Value, (New Delhi: National Council of

Teacher education, 1998 ), p.36.

42

position changed during the British regime. The applicability of Indian

legal system was ousted. Principles of British law were enforced in Indian

irrespective of their relevance. Although some of the principles of Hindu

law and Muslim law were incorporated into India under the British

concept of justice, equity and good conscience after the enforcement of

judicature Act of 1874. Britishers, for the sake of judicial reforms, made

certain acts incorporating few principles of Hindu and Muslim laws either

for whole of the society or only confined to their sects only barring the

personal law and religious law, the entire British law was adopted in

India.64

The categorical choice made by colonial India, of the values of

social justice, secularism and republicanism, not only laid a foundation

for a new epoch of human rights system but also gave a specific

orientation towards realizing the social purposes underlying human rights

values. The Nineteenth century social reform legislations benefiting

slaves, women and workers demonstrated the inevitable link between

social justice and human rights.

In 1843, legislation was passed to abolish slavery in its various

forms and punish its practice. It conferred in the same breath right to

equality, personal liberty, and economic freedom and right against

exploitation. In view of the rampant practice of sati, in 1829 a Regulation

was made to abolish its practice. Similarly, legal prohibition of female

infanticide and child marriage and legal recognition of widow remarriage

64 Peter James Marshall, The Cambridge Illustrated History of the British Empire,

(Cambridge: Cambridge University Press, 2001), p.168.

43

aimed at gender justice. The laws relating to factories, trade unions and

industrial disputes protected basic human rights of workers by application

of modest social justice norms.

The period of British rule in India was crowded with both positive

and negative developments in the realm of liberty. Positively, it included

experimentation in evolving common law and statutory principles of

procedural fairness in the justice delivery system, efforts of social reforms,

renaissance, mass movements of nationalism and evolution of institutions

of democracy either by petty colonial concessions or bold native

assertions as an effort of moulding Constitutional values. Negatively, it

included tyrannies of colonialism, exploitations, due process failures,

repressive events and state arbitrariness, which adversely affected the

system of liberties.65

Perhaps the first explicit demand for fundamental rights appeared

in the constitution of India Bill of 1895. A series of congress resolutions

adopted between 1917 and 1919 repeated the demand for civil rights and

equality of status with English men.66

By the mid-twenties, Congress and Indian leaders generally had

achieved a new forcefulness and consciousness of their Indianness and of

the needs of the people, thanks largely to the experience of World War I,

to the disappointment of the Montague-Chelmsford Reforms, to

65 P. Ishwara Bhat, Fundamental Rights- A Study of their Interrelationship,

(Calcutta: Eastern Law House, 2004), p.69. 66 M. M. Singh, The Constitution of India: studies in perspective, (New Delhi:

World Press, 1975), p.1257.

44

Woodrow Wilson’s support for the right of self-determination, and to

Gandhi’s arrival on the political scene of India. These influences reflected

the tone and form of demands for the acceptance of civil rights for the

Indian people.67

During the years when independence had been more of a hope than

a reality, the Congress had been loud in demanding written rights. The

decade of the 1940’s generally was marked by a resurgence of interests in

human rights. The denial of liberties under German and Russian

totalitarianism and elsewhere resulted in the Atlantic Charter, the United

Nations Charter, and the activities of the United Human Rights

Commission.

Assembly members were sensitive to these currents, which

supported their own faith in the validity of written rights for the Indian

people. The British Cabinet Mission in 1946 recognized the need for a

written guarantee of fundamental rights in the Constitution of Indian,

envisaging a Constituent Assembly for framing the Constitution of

India.68

The Indian Independence Act passed by the British parliament

came into force on 15th August, 1947, giving legally to the Constituent

Assembly the status it had assumed since its formation. India saw the

dawn of Independence during the evolution of modern human rights. The

67 Praveen Vadkar, Concepts, Theories and Practice of Human Rights, (New

Delhi: Rajat Publications, 2000), p.192. 68 G.S. Bajwa, Human Rights in India, ( New Delhi: Anmol Publications Pvt. Ltd,

1995), p.55.

45

Constitution of India adopted and enacted on 26th November 1949 and

commenced from 26th January 1950 was influenced by the concept of

Human Rights.69

In India through the protection of Human Rights Act of 1993, an

honest attempt has been made to define ‘Human Rights’. It created the

National Human Rights Commission which monitors the observance and

violations pertaining to our rights.70

Now, support for human rights is even more strongly associated

with global humanitarian concerns. Across repeated surveys, ratings of

the importance of promoting human rights have correlated consistently

with ratings of "supporting democracy abroad," "combating world

hunger," "improving standards of living (of other nations)," and

"protecting the global environment".71

69 P.L. Mehtha and Neena Verma, Human Rights Under the Indian Constitution,

(New Delhi: Deep and Deep Publications Pvt. Ltd, 1999), p.37. 70 Madhusudan Saharay, Public Interest Litigation and Human Rights in India,

(New Delhi: Premier Pub. Co., 2000), p.295. 71 Sam McFarland and Melissa Mathews, “Who Cares about Human Rights?”

Political Psychology, Vol. 26, No. 3 (Jun., 2005), p.365.

CChhaapptteerr –– IIII

46

CHAPTER II

INDIA’S HERITAGE AND THE INDIAN CONSTITUTION

India has a very rich heritage in the sphere of human rights

movement which many countries in modern world may not have.1

Since the days of the Indus Valley Civilization, Indian culture has

been the product of a synthesis of diverse cultures and religions that came

into contact with the enormous Indian sub continent over a very long

stretch of time. As Jawaharlal Nehru observed, there is “an unbroken

continuity between the most modern and the most ancient phases of

Hindu thought extending over three thousand years”. The rights of man

have been the concern of all civilizations from time immemorial. “The

concept of the rights of man and other fundamental rights was not

unknown to the people of earlier periods?”. The Babylonian Laws and the

Assyrian laws in the Middle East, the 'Dharma” of the Vedic period in

India and the jurisprudence of Lao-Tze and Confucius in China, have

championed human rights throughout the history of human civilization.2

The Indian concept perceives the individual, the society and the

universe as an organic whole. Everyone is a child of God and all fellow

beings are related to one another and belong to a universal family. In this

context Mahatma Gandhi remarks, “I do not want to think in terms of

1 M.R. Biju, Human Rights in a Developing Society, (New Delhi: Mittal

Publications, 2005), p.84. 2 Asish Kumar Das, A. Kumar Das P.K. Mohanty, Human Rights in India, (New

Delhi: Sarup & Sons, 2007), p.62.

47

the whole world My patriotism includes the good of mankind in general

Therefore my service lo India includes the services of humanity”.3

The Buddhist doctrine of non-violence in deed and thought is a

humanitarian doctrine par excellence, dating back to the third century

B.C. Jainism too contained similar doctrines. According to the Gita, “he

who has no ill will to any being, who is friendly and compassionate, who

is free from egoism and self sense and who is even-minded in pain and

pleasure and patient is dear to God”. It also says that divinity in humans is

represented by the virtues of non-violence, truth, freedom from anger,

renunciation, aversion to fault-finding, compassion to living being,

freedom from covetousness, gentleness, modesty and steadiness - the

qualities that a good human being ought to have.4 The historical account

of ancient Bharat proves beyond doubt that human rights were as much

manifest in the ancient Hindu and Islamic civilizations as in the European

Christian civilizations Ashoka, the prophet Mohammed and Akbar

cannot be excluded from the geneology of human rights.5

The Constitution of India is one of the most rights-based

constitutions in the world. Drafted around the same time as the Universal

Declaration of Human Rights (1948), the Indian Constitution captures the

3 Nagendra Singh, Enforcement of Human Rights, (Calcutta: Eastern Law House

Pvt. Ltd. 1986), p.7. 4 Jawaharlal Nehru, The Discovery of India, (New Delhi: Jawaharlal Nehru

Merrorial Fund, 1992), p.420. 5 Yogesh K Tyagi, “Third World Response to Human Rights”, Indian Journal of

International Law, Vo.21, No.1, (January -March 1981), p.120.

48

essence of human rights in the Preamble, and in the sections on

Fundamental Rights and the Directive Principles of State Policy.6

For human life, values are essential. Isolate these values and living

becomes more meaningless. The concept of Human Rights is neither

entirely Western nor Modern. Rig Veda cites three civil rights that of

Tana (Body), Skridhi (Dwelling Place) and Jibhasi (Life). Mahabharata

tells about the importance of the Freedom of the individual (civil liberties)

in a state.7

Concept of Dharma-rights and duties of individual’s classes,

communities and castes has been delineated in our Scriptures.

Arthashastra elaborates on civil and legal rights first formulated by Manu

which also included economic rights.8

In ancient India even a King was enjoined upon to look after the

Welfare of his people and guarantee them some rights. The epic

Ramayana narrates that even the lowest of the low had a right to criticize

the King with impunity.

In the Post-Vedic period, the rise of Buddhism and Jainism were

certainly a reaction against the deterioration of the moral order as against

the rights of the privileged class. Life was more human and liberal in the

6 Pearson, Human Rights, Democracy And Governance, (New Delhi: Pearson

Education India, 2010), p.42. 7 Sitansu S. Chakravarti, Ethics in the Mahabharata: a philosophical inquiry for

today, (New Delhi: Munshiram Manoharlal Publishers, 2006), p.176. 8 J.S. Verma, The New Universe of Human Rights, (Delhi: Universal Law

Publishing Co. Pvt. Ltd, 2004), p.41.

49

Post-Vedic era After Buddha. Emperor Ashoka protected and secured the

most precious of human rights; particularly the right to equality,

fraternity, liberty and happiness Ashoka successfully established a welfare

State and made provisions for securing basic freedoms. Ashoka, the

champion of civil liberties, allowed even the forest folk in his domain to

enjoy security of life, peace of mind and enjoy their life on par with other

people in the Society. Torture and inhuman treatment of prisoners were

prohibited under Ashoka's benign dispensation.9

The Muslim invasion of India created a new situation wherein the

Muslim rulers or Sultans followed a policy of discrimination against the

Hindus. So the significance of Muslim rule in India was counter-

productive to harmony, justice and equality. But with the Mughal rulers,

especially with Akbar a new era began in the Mughal history of India in

the field of human rights as a result of his policy of Universal

Reconciliation and Tolerance.10

These kings really cared for the welfare of their people; there were

no written or directive Principles by the normal and Spiritual dictates of

man and from the concepts of natural law which was the ruling law.11

When British ruled India resistance to foreign rule manifested in the form

of demand for fundamental freedoms, Civil and Political rights for the

people.

9 V.R. Krisha Iyer, The Dialectics and Dynamics of human Rights in India: Yesterday, Today and Tomorrow, Tagore Law Lectures, (New Delhi: Eastern Law House, 1999), p.115.

10 T. S. N. Sastry, India and Human Rights: Reflections, (New Delhi: Concept Publishing Company, 2005), p.39.

11 B.N. Rau, Human Rights in India’ in Year Book on Human Rights, (New York: United Nations, 1947), p.150.

50

The modern version of human rights jurisprudence may be said to

have taken birth in India at the time of the British rule When the British

ruled India, resistance to foreign rule manifested itself in the form of

demand for fundamental freedoms and the civil and political rights of the

people. Indians were humiliated and discriminated against by the

Britishers. The freedom movement and the harsh repressive measures of

the British rulers encouraged the fight for civil liberties and fundamental

freedoms. The impression created in the Indian minds was that their

sacred inalienable human rights and vital interests had been ignored,

denied, and trampled upon for the sake of England and the English

rulers.12

The Indian National Congress which was in the Vanguard of

Freedom struggle took the lead in this matter after formation in 1885.13

The Swaraj Bill of India, 1895 spoke about freedom of speech, right to

Privacy and equality, right to Franchise and punishment for specific

offence only.14

Intellectual elites of India and political leaders of national level

struggled to have human rights and civil liberties in India. Like the people

elsewhere, Indians struggled and fought for their liberties.

12 Vrajendra Raj Mehta, Thomas Pantham, Political ideas in Modern India:

Thematic Explorations, (New Delhi: SAGE, 2006), p.214. 13 James Vadackumchery, Human Rights and the Police in India, (New Delhi:

APH Pub. Corp., 1996), p.294. 14 S.C. Kashyap, Parliament and Human Rights, (New Delhi: metropolitan

Publication 1978), p.19.

51

In the early years of the 20th century, men like Bal Gangadhar Tilak

declared “Swaraj (self-rule) is my birth rights, I will have it” .At the time

of Montague-Chelmsford report which led to the enactment of the

government of India act of 1919, the Indian National Congress became

very active and they pressed for reforms.15

The British Government made declaration of 20th August, 1917 that

the future policies of this Majesty’s Government were that of “Increasing

association of Indians in every branch of administration and the gradual

development of Self-governing institutions with a view to progressive

realization of responsible government in British India as an integral part

of the British Empire. But dissatisfied with the government of India

Act,1919; Motilal Nehru talked for a Constituent Assembly of the Indian

People to draw-up a constitution for this country. The committee set up

by the Congress in 1928, under the chairmanship of Motilal Nehru to

determine the principles of new constitution of India stated in its report

that there should be inserted in the constitution a declaration of rights

assuring, inter alia, the fullest liberty of conscience and religion.16 In 1929

the congress adopted at Lahore a resolution on “complete independence”

of India.

In 1931, congress adopted a resolution of fundamental rights, which

contained civil liberties and this continued to be emphasized year by year.

But the British government paid no serious attention on the demands of

the Indian leaders. The Government of India Act 1935, which the British

15 N. Jayapalan, Indian Political Thinkers: Modern Indian Political Thought,

(New Delhi: Atlantic Publishers & Distributors, 2000), p.102. 16 S.C. Kashyap, loc.cit.

52

thought, was a great step in the direction of India’s advancement towards

constitutionalism made no provision for civil liberties and fundamental

right.17 However the “Instrument of Instruction” that was issued to the

Governor-General by the British authorities in London provided that the

administration of the matter committed to the direct change of the Indian

Governor-General-in-Council might be conducted in harmony with the

wishes of the British subject.18 In 1939, the Second World War broke out

in which Europe and Great Britain become involved. The constitutional

machinery in India was suspended and the nationalist aspirations of

Indian people were suppressed. When the war came to an end in 1945, the

issue of Indian’s Independence was reopened, and after a good deal of

negotiations and discussions, a constituent Assembly was set up in 1946.19

Jawaharlal Nehru, Rajagopalachari, Vallabai Patel, Abul kalam

Azad, Acharaya Kripalani, K.T.shah, Alladi Krishnasamy Iyer,

B.R.Ambedkar, K.M.Munshi were important figures in the Assembly.

Hansa Mehta, Durgabai deshmukh, Rajkumari Amrit Kaur were

important women members in the Assembly. Rajendra Prasad was elected

president of the constituent Assembly.20

The salient Principles of the proposed constitution had been

outlined by various committees of the Assembly, such as Union

17 C. L. Anand, Constitutional Law and History of Government of India, Govt.of India Act 1935 & The Constitution of India, (Delhi: Universal Law Publishing, 1986), p.55.

18 M. V. Pylee, Our Constitution, Government and Politics, (New Delhi: Universal Law Publishing, 2000), p.64.

19 Venkat Iyer, Democracy, Human Rights and the Rule of Law, (New Delhi: Butterworths India, 2000), p.37.

20 H.R. Khanna, Making of India’s Constitution, (Luknow: Eastern Book Company, 1981), p.5.

53

constitution committee, the union powers committee, committee on

fundamental rights and, after a general discussion of the reports of these

committees the Assembly appointed a Drafting Committee, on 29th

August 1947.21 The Drafting Committee, under the chairmanship of Dr.

Ambedkar, embodied the decision of the assembly with alternative and

additional proposals in the form of a ‘Draft constitution of India’ which

was published in 1948.22 This assembly completed its task in 1949, and the

preamble of the Indian constitution drawn up by it stipulated Sovereign

Democratic Republic of India.

In 1950 the constitution of India came into effect incorporating part

III on Fundamental Rights of Citizens. Promulgation of the constitution

by the people of India in January 26, 1950 is watershed in the history of

development of the concept of Human rights in India.23 The Preamble

Fundamental rights and the Directive principles of state policy together

provide the basic human rights for the people of India. In order to

appreciate the concept of human rights under Indian constitution, it is

also pertinent to look to the aims and objects of the Preamble.24 The

promise of the constitution is contained in the preamble itself in which

the people of India solemnly resolved to secure to all of its citizens.

The basic feature of the constitution of India embodies democracy,

liberty, equality and dignity of the individuals.

21 D.D. Basu, Introduction to the Constitution of India, (Nagpur: Wadhwa Company, 2003), p.23.

22 Prkash Talwar, Human Rights, (Delhi: Isha Books, 2006), p.213. 23 M. Ibohal Singh, Human Rights in India-Constitutional and Legal Provisions,

(Allahabad: Vibhav Law Publiccations, 2001), p.18. 24 S.K. Kapoor, Human Rights under International law and Indian law,

(Allahabad:Central Law Agency, 1999), p.200.

54

Part III of the constitution of India guarantees to persons certain

rights called ‘Fundamental Rights’ when human rights are guaranteed by

a written constitution, they are called ‘Fundamental Rights’ because a

written constitution is the fundamental law of a state.25

The fundamental rights guaranteed in the Indian constitution cannot

be easily altered in the case of ordinary laws. It can be changed only by

amending the constitution itself.26 Fundamental Rights enumerated in

Part III of the constitution ,They are

Right to Equality

It is a cluster of five rights mentioned in articles 14 to 18 under part

III of the constitution.27 They include:

Equality before Law (Article 14)

Prohibition of Discrimination on grounds of religion, race caste,

Sex or place of birth-(Article 15)

Equality of opportunity in matters of public employment- (Article 16)

Abolition of Untouchability- (Article 17)

Abolition of Titles- (Article 18)

Right to Freedom

Right to Freedom is a group of six freedoms enumerated in the

Articles 19 to 22.28 They are as under:

25 D.J. De, The Constitution of India, Vol.I, (Hyderabad: Asia Law House, 2005),

p.137. 26 Jitendrapandey and R.K. Dubey, Civil Liberty Under Indian Constitution,

(New Delhi: Deep and Deep Publications, 1995), p.114. 27 A.M. Bhattacharjee, Equality, Liberty and Property, (Calcutta: Eastern Law

House, 1997), p.24. 28 D.J. De, op.cit., p.651.

55

Freedom of speech and expression

Freedom to hold peaceful assembly without arms,

Freedom to form association or union,

Freedom to move throughout the territory of India,

Freedom to reside and settle in any part of the country,

Freedom to practice any profession to carry any trade or

occupation.

Right Against Exploitation

Under this the traffic in human beings and forced labour are

Prohibited. (Article.23)

Secondly employment of children below 14 years of age in

hazardous jobs is also prohibited (Article.24).

But the exception is that nothing shall prevent the state from

imposing compulsory services for a public purpose.29

Right to Freedom of Religion

The right to religion implies four types of freedoms.30

Freedom of conscience of free pursuit of profession, practice and

propagate of religion, (Article 25)

29 A.V. Dicey, An Introduction to the Study of the Law of the Constitution, (New

Delhi: Universal Law Publications, 1970), p.114. 30 D. J. De, op.cit., p.1186.

56

Freedom to maintain Institution for religious, charitable purposes,

(Article 26)

Freedom as to payment of taxes for promotion of any particular

religion, (Article 27)

Freedom as to attendance at religious institution or religious

worship in certain educational institutions. (Article 28)

Cultural and Educational Rights

This right is intended for the religious and linguistic minorities.31

This right protects the interest of minorities to have a distinct

language, script or culture of their own and to conserve the same (Article

29)

It also confers the right on minorities to establish and administer

educational Institutions (Article 30)

Right to Constitutional Remedies

Article 32 of the constitution deals with the right to Constitutional

remedies. If and when any of the rights conferred by the constitution is

violated, the affected citizen can move the Supreme Court or High Court

seeking remedial measures.

31 B.P. Singh Sehgal, Human Rights in India, (New Delhi: Deep and Deep

Publications Pvt. Ltd, 2001), p.284.

57

The right to constitutional remedies for the enforcement of the

fundamental rights is a very distinguishing feature of the Indian

constitution.32

A Comparison of Universal Declaration of Human Rights (1948) and Fundamental Rights enunciated in part-III of the Indian Constitution

Subject Indian Constitution

Universal Declaration of Human Rights

(1948)

(a) Equality before law

FUNDAMENTAL RIGHTS

Art.14: The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India

Art.7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this declaration and against any incitement to such discrimination.

(b) Prohibition of discrimination on grounds only of religion, race, caste, sex, place of birth or any of them.

Art.15 :( 1) The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place or any of them.

Art.2: Para (1)everyoneis entitled to all the rights and freedoms set forth in this declaration, such as race, sex, religion, political or other opinion, national or social origin, property, birth or other status.

32 A.G. Noorani, Constitutional Questions & Citizen’s Rights, (London: Oxford

University Press, 2006), pp.82-83.

58

(c) Equality of opportunity in matters of public employment.

Art.16 (1): There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.

Art.21 (2): Everyone has a right to equal access to public service in his country.

(d) Freedom of speech, assembly, association etc.

Art. 19 (1): All citizens shall have the

a. Right to freedom of speech and expression

b. Right to assemble peaceably without arms

c. Right to form unions and associations.

d. Right to move freely throughout the territory of India.

e. Right to reside and settle in any part of the territory of India.

Art.19:Everyone has a right to freedom of opinion and expression:

Art.20(1) Everyone has the right to freedom of peaceful assembly

Art.23(4) Everyone has a right to form and to join trade unions for the protection of his rights

Art.20(2) No one may be compelled to belong to an association

Art.12 (1) Everyone has the right to freedom of movement and residence within the borders of each state.

(e) Protection in respect of conviction for offences.

Art.20(1) No person shall be convicted of any offence except for violation of law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

Art.11 (2) No one shall be held guilty of any penal offences on account of any act or omission, which may not constitute a penal offence, under national or international law, at the time when it was committed. Not shall a heavier penalty be imposed than the one that was applicable at

59

the time the penal offence was committed.

(f) protection of life and personal liberty

Art.21: No person shall be deprived of his life or personal liberty except according to procedure established by law.

Art.3: Everyone has the right to life, liberty and security of person.

Art.9: No one shall be subjected to arbitrary arrest, detention or exile.

(g) Protection of traffic in human beings and forced labour.

Art. 23 (1) Traffic in human beings and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

Art.4: No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all forms.

(h) Freedom of conscience and free profession, practice and propagation of religion.

Art. 25 (1) Subject to public order, morality and health and to the provisions of this part, all persons are equally entitled to freedom of conscience and right freely to profess, practice, and propagate religion.

Art. 18: Everyone has the right to freedom of thought, conscience and religion, this right includes freedom of change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

60

(i) Protection of interests of minorities.

Art.29 (1) Any section of the citizens residing in the territory or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

Art.22: Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each state, of the economic, social cultural rights indispensible for his dignity and free development of personality.

(k) Right to constitutional remedies.

Art. 32 (1) The right to move the supreme court by appropriate proceedings for the enforcement of rights conferred by this part is guaranteed.

Art. 8: Everyone has the right to an effective remedy by the tribunals for acts violating the fundamental rights granted to him by the constitution or by law.

In the Indian constitution, the justiciable human rights, broadly

speaking, were included in part III, while the non-justiciable social and

economic rights were set forth in part IV on the Directive Principle of

state policy.33 The Directive Principles of State Policy are mentioned in

part IV of the constitution covering articles from 36 to 51. The Directive

33 George Pathanmackel, The Constitution of India-A Philosophical Review,

(Delhi: Media House, 2003), p.177.

61

Principles of State Policy are not enforceable. Art.37 enjoins the state to

apply the Directive principles in making laws. They are enumerated in

the constitution in order to certain directive to the central and state

Governments so that, by implementing those principles and an egalitarian

society can be evolved where political, social and economic equality shall

prevail.34

The main emphasis of these directive principles is to ensure the goal

of a welfare state for Indian polity where the state has a positive duty to

ensure to its citizens social and economic justice and dignity of the

individual. What is significant here is that the socialist approach has been

incorporated in Art.39-A which enjoins on the state to provide free legal

aid to the poor and to take other suitable steps to ensure equal justice to

all.35

The Directive Principles too inter alia cover certain ideals

particularly economic which the state should strive for.

Directions to the legislature and the Executive regarding the

manner in which the states should exercise their legislative and executive

power: and, Certain rights of the citizens, which are not justiciable, like

fundamental rights, but which the state shall aim at securing by regulation

of its legislative and administrative policy.36

34 Granville Austin, Working a Democratic Constitution, The Indian Experience,

(New Delhi: Oxford University Press, 2000), p.123. 35 Mahendra P. Singh, Constitution of India, (Lucknow: Eastern Book Company,

2004), p.303. 36 Jayant Chaudhary, Text book of Human Rights, (New Delhi: Dominant

Publishers and Distributors, 2000), p.30.

62

It will be seen that the human rights contemplated to be assured to

the citizens of this country include the right to free and compulsory

primary education; right to adequate means of livelihood; right of both

sexes to equal pay for equal work; right against economic exploitation;

right of children and the young to be protected against exploitation and to

opportunities for healthy development; right to humane conditions of

work and maternity relief; consonant with freedom and dignity etc.37

Universal Declaration of Human Rights speaks similar rights. Directive

principles of state policy enumerated in the constitution will help to

promote the establishment of a welfare state based on democratic and

socialist lines.

Indian Constitution and the International Covenants on Human

Rights

On 27th day of March 1979, India acceded to the International

Covenant on civil and political rights (ICCPR) and the International

covenant on Economic, social and cultural rights (ICESCR).

Therefore India is under an obligation “to respect and to ensure to

all individuals within its territory and subject to its jurisdiction the rights

recognized in the present covenant, without distinction of any kind, such

as race, colour, sex, religion, language, political or other opinion, national

or social origin, property, birth or other status”38 and “to take steps

individually and through international assistance and co-operation,

especially economic and technical, to the maximum of its available

37 P.M. Bakshi, The Constitution of India, (Delhi: Universal Law Publishing Co.

Pvt. Ltd, 1991), p.232. 38 Article 2: ICCPR, 1966.

63

resources, with a view to achieving progressively the full realization of the

rights recognized in the present covenant by all appropriate means,

including particularly the adoption of legislative measures”.39

Many of the civil and political rights contained in the International

Covenant on civil and political Rights (ICCPR), 1966 are also enumerated

in part III of our constitution as Fundamental Rights. These may be called

Enumerated or Specified Fundamental Rights. Such rights are following:

All human beings have the inherent right to life and this right shall

be protected by law. (ICCPR; Article 6), (Indian Constitution;

Article 21)

No one shall be held in slavery and the slave trade in all forms shall

be prohibited. (ICCPR; Article 8), (Indian Constitution; Article 23)

Everyone has the right to liberty and security. (ICCPR; Article 9),

(Indian Constitution; Article 22)

Right to equality before the courts and the right to provide legal

assistance. (ICCPR; Article 14(1) ), (Indian Constitution; Article 14)

Everyone shall have the right to freedom of thought, Conscience

and religion. (ICCPR; Article 18(1) ), (Indian Constitution; Article

25)

Right to freedom of peaceful assembly (ICCPR; Article 21), (Indian

Constitution; Article 19(1)(b) )

Right to freedom of association. (ICCPR; Article 22), (Indian

Constitution; Article 19(1)(c) )

39 Article 2: ICESCR, 1966.

64

Right to take part in the conduct of public affairs. (ICCPR; Article

25), (Indian Constitution; Article 16)

Right to equal protection of law. (ICCPR; Article 26), (Indian

Constitution; Article 14&15)

Thus even before ICCPR was adopted in 1966, these human rights,

were available to individuals in India as fundamental rights enshrined in

part III of the Constitution.

While civil and political rights are contained in the International

covenant on civil and political Rights (ICCPR), the economic, social and

cultural rights are contained in a separate covenant called the

International Covenant on Economic, Social and Cultural Rights

(ICESCR).Most of the economic, social and cultural rights have been

included in part IV of the Indian Constitution entitled “Directive

Principles of State Policy”.40 The economic, social and cultural rights

already found mentioned in part IV of our constitution is incorporated in

ICESCR. They are,

Right to work and take necessary steps to safeguard this right. (ICESCR;

Article: 6) (Indian Constitution; Article: 41)

Right to just and favorable conditions of work, fair wages, a decent life,

healthy living conditions, equal opportunity of promotion and rest,

leisure and reasonable limitation of working hours and periodic holidays

40 J. C. Johari, Indian polity: a concise study of the Indian constitution,

government and politics, (New Delhi: Lotus Press, 2004), p.17.

65

with pay and remuneration for public holidays. (ICESCR; Article: 7)

(Indian Constitution; Article: 39(d))

Right relating to motherhood and childhood. It stresses that marriage

must be entered into with the free consent of the intended spouses;

special protection for mothers during and after child birth; leave with

adequate benefits and children should be protected from exploitation of

any kind. (ICESCR; Article: 10) (Indian Constitution; Article: 39(f))

Right to adequate standard of living for himself and his family. Food,

clothing, housing and other living conditions are recognized as the

fundamental rights of everyone. (ICESCR; Article: 11) (Indian

Constitution; Article: 47)

Right to education. All kinds of education should aim at strengthening

the respect for human rights and fundamental freedoms. As such

primary education is freely available to all. (ICESCR; Article: 13) (Indian

Constitution; Article: 45)

Though it is recognized both categories of rights are inter related to

each other yet there is a vast difference between them, while civil and

political rights by their very nature can be directly enforced, economic,

social and cultural rights can be achieved only progressively.

Legal Pronouncement over Fundamental Rights

The Fundamental Rights which though unenumerated in part III of

the Constitution and recognized by court as distinct fundamental rights

66

and enumerated in the International covenant on civil and political rights

are following:

The supreme court of India has also applied the theory of

emanation and has availed distinct and independent rights out of the

existing fundamental rights. Following are some of the rights which have

been evolved by being parts of or having emanated from one or more of

fundamental rights:

The Supreme Court observed the following unenumerated rights as

fundamental rights:

(i) Right to go abroad;41

(ii) Right to privacy;42

(iii) Right against solitary confinement;43

(iv) Right to human dignity;44

(v) Right to speedy Trail;45

(vi) Right against custodial violence;46

41 Satwant Singh Sawhney Vs. D.Ramarathnam, APO, New Delhi (1967) 3 SCR

525, 540, 542 (FB); AIR 1967 SC 1836; See also Menaka Gandhi Vs. Union of India (1978) 1 SCC 248, 280(SB); AIR 1978 Sc 597.

42 Kharak Singh Vs. State of U.P (1964) 1 SCR 333, 349, 351 (SB); AIR 1963 SC 1295; see also Govind Vs. State of M.P., (1975) 2 SCC 148, 156, 157 AIR 1975, SC 1378; R.Rajagopal Vs. State of Tamilnadu AIR 1995, SC 264, 276-277, Sukh Das Vs. Union of India, AIR 1986 SC 991, 993-994: (1986) 2 SCC 401.

43 Sunil Batra Vs. Delhi Administration, (1978) 4 SCC 494, 569 (FB). 44 Charles Gurumuk Sobhraj Vs. Delhi Administration (1978) 4 SCC; AIR

1978 SC 1514; see also Kishore Vs. State of Rajastan, AIR 1981 SC 625. 45 Hussinara Khatoon Vs. Home Secretary State of Bihar, (1980) SCC 81, 84;

AIR 1979 Sc 1360; see also A.R.Antulay Vs. R.S.Naiyak AIR 1992 SC 1701. 46 Sheela Barse Vs. State of Maharastra, (1983) 2 SCC 96, 99-100; AIR 1983, SC

378; see also Munna Vs. State of U.P AIR 1981 SC 625.

67

(vii) Right to shelter;47

(viii) Right to free legal aid in criminal trail;48

(ix) Right against delayed execution;49

(x) Right to Health care or Doctor’s assistance;50

(xi) Right to pollution free environment;51

(xii) Right to know;52

(xiii) Right to education of a child until he /she attains the age of 14;53

(xiv) The Freedom of Press;54

The Mechanism of the “Judicial Review” has been built up in

Article 13 (2) of the Constitution which clearly declares any law in

contravention of or taking away or abridging the fundamental rights to be

void.55

The constitution of India being the supreme law in India, India will

apply the provisions of the constitution rather than those of the

International covenants on Human Rights if they are not in conformity

47 Shantistar Builders Vs. Totame, AIR 1990 SC 630; (1990) 1 SCC 520; see also Tekraj Vs. Union of India, Air 1998 SC 469.

48 M.H.Hoskot Vs. State of Maharastra, (1978) 3 SCC 554, 556-557. 49 T.V.Vatheeswaran Vs. State of Tamilnadu, AIR (1983) SC 361 (21); 1983 2

SCC 68; see also Bachan Singh Vs. State of Punjab, AIR 1982 SC 1325; Daya Singh Vs. Union of India, AIR (1991) SC 1548; (1991) 3 SCC 61.

50 Paramanad Katara Vs. Union of India, AIR 1989 SC 2039; see also Vincent Vs. Union of India, (1987) 2 SCC 165.

51 M.C.Mehta Vs. Union of India (1987) 4 SCC 463. 52 Reliance Petrochemicals Ltd Vs. Proprietors of Indian Express News Papers,

Bombay Pvt. Ltd; AIR 1989 SC 190, 202 (1988) 4 SCC 592. 53 Unni Krishnan Vs. State of Andhra Pradesh, AIR 1993 SC 2178 (FB) 2231-

2232. 54 Express News Papers Vs. Union of India, AIR 1958 SC 578. 55 V.P. Srivastav., Human Rights-issues and implementation, (Delhi, 2002) p.9.

68

with the Indian constitution. In case of conflict between the provisions of

International covenants on Human Rights and the provisions of Indian

constitution it is the latter that shall prevail.

There is no doubt that the concept of Human Rights is expanding

day by day and the people are able to enjoy their basic freedoms with

dignity.

CChhaapptteerr –– IIIIII

69

CHAPTER III

MECHANISMS FOR HUMAN RIGHTS PROTECTION

Since the inception of the United Nations, the promotion and

protection of human rights have been at its very core. Over the years the

United Nations has created a wide range of mechanisms for human rights

protection, and the Indian government has set up several special

Institutions at the National level and at the State level under the different

acts of parliament to give effect to the constitutional provisions of human

rights of all persons.1

International Mechanism

United Nations Human Rights Bodies

Human Rights are recognized as fundamental by the United

Nations and, as such, feature prominently in the preamble of the charter

of the United Nations: “To reaffirm faith in fundamental human rights,

in the dignity and worth of the human person, in the equal rights of men

and women and of nations large and small”. The organizations prominent

role in this area is carried out by a number of human rights bodies.2 The

General Assembly is the main deliberative body of the United Nations.

Respect for human rights and human dignity “Is the foundation of

freedom, justice and peace in the world”, the General Assembly declared

three years later in the Universal declaration of Human rights. Over the

years a whole network of human rights instruments and mechanisms has

1 Edward H. Lawson, Mary Lou Bertucci, Encyclopedia of Human Rights,

(London: Taylor & Francis, 1996), p.688. 2 Humbery, The U.N. Charter and the Universal Declaration of Human Rights,

(London: Oxford University Press, 1967), p.47.

70

been developed to ensure the primacy of human rights and to confront

human rights violations wherever they occur. The General assembly

review and takes action on human rights matters referred to it by its third

committee and by the economic and social council.3 The General

Assembly promotes and encourages the observation of human rights for

all. The Security Council is the principal organ of the United Nations.

The main function of the Security Council is to maintain International

peace. In discharging its duties, the security council is required to act in

accordance with the purposes and principles of the United nations, one of

these purposes is “to achieve International co-operation in solving

international problems of an economic, social, cultural, or humanitarian

character, and in promoting and encouraging respect for human rights

and for fundamental freedoms for all without distinction as to race, sex,

language or religion”. The Economic and Social Council (ECOSOC),

works under the authority of the General Assembly and co-ordinates the

Economic and social work of the United Nation. ECOSOC makes

recommendations to the General Assembly on human rights matters and

review reports and resolutions of the commission on human rights and

transmits them with amendments to the General Assembly. It also works

closely with agencies of the United Nations system which have a special

interest in human rights matters.4

The United Nations (UN) system for the protection and

promotion of human rights consists of two main types of body: bodies

3 Human Rights – A Completion of International Instrument, United Nations,

(New York and Geneva: 1994), p.4. 4 Mahendra P. Singh ,Helmet Goerlich and Michael Von Hauff, Human rights

and Basic needs - Theory and Practice, (New Delhi: Universal Law Publishing Co. Pvt. Ltd, 2008), p.28.

71

created under the UN charter, including the UN commission on Human

Rights and sub-commission, (Charter bodies) and bodies created under the

international human rights treaties (Treaty bodies). Most of these bodies

receive secretariat support from the treaties and commission branch of the

Office of the High Commissioner for Human Rights (OHCHR).5

Charter-based Bodies

The U.N. Commission on Human Rights6

The UN commission on Human Rights was established in 1946.7

The commission is the central UN body responsible for promotion and

protection of human rights. The commission is the Main policy- making

body dealing with human rights issues composed of 53 members

Governments.8 The commission, as per its reference, makes studies,

prepares recommendations and drafts international instruments

concerning human rights.

It also undertakes special task assigned to it by the General

assembly on the Economic and social council, including the investigation

of allegations concerning violations of human rights and handling of

communications relating to such violations. It also co-operates closely

5 Carol Devine, Carol Rae Hansen, Ralph Wilde, Hilary Poole, Human Rights:

the essential reference, (London: Greenwood Publishing Group, 1999), p.134. 6 ECOSOC, Recs 5 ( I ) of 16 Februay, 1946.

7 Helle Kanger, Human rights in the U.N. Declaration, (London: Almqvist & Wiksell, 1984), p.202.

8 Jayant Chaudhary, A Text Book of Human Rights, (New Delhi: Dominant Publishers and Distributors, 2000), p.82.

72

with all other United Nations bodies having competence in the field of

human rights.9

The commission meets annually in Geneva, Its meetings are public

except when it meets in closed session for several days to discuss the “1503

procedure” (the confidential procedure for complaints about alleged

human rights violation). During the public meetings, governments which

are not members of the commissions and non-governmental organizations

which have been granted consultative status with the UN Economic and

Social council may observe proceedings from the meeting room and make

written and oral statements concerning issues on the agenda.10 The

commission is a subsidiary of the UN Economic and social council

(ECOSOC) to which it reports annually. ECOSOC operates under the

authority of the UN General Assembly and reports annually to that

body.

The commission’s annual report to ECOSOC is a public document

which summarizes the results of the session and includes the text of all

adopted resolutions. During recent years, the commission has discussed

subjects including human rights situation in various countries, self-

determination, torture, capital punishment; detention for exercising the

right to freedom of expression, religious intolerance, rights of the child,

migrant workers, the role of the youth in the protection and promotion

9 Khwaja A. Muntaqim, Protection of Human Rights – National and

International Perspectives, (Allahabad: Law Publishers India Pvt. Ltd , 2004), p.109. 10 People’s Watch, A Positive Dialogue on Human Rights with Legal

Professionals, (Madurai: People’s Watch Publication, 2001), p.18.

73

of human rights, and protection of human right defenders.11 In order to

assist in its work the commission has established a number of subsidiary

bodies, including the Sub-Commission on Prevention of Discrimination

and protection of Minorities.

The U.N. sub-commission on prevention of Discrimination and

protection of Minorities.12

It undertakes studies and makes recommendations to the

commission concerning the prevention of discrimination against racial,

religious and linguistic minorities and to perform any other functions

entrusted to it by the Economic and social council or commission of

Human Rights, composed of 26 experts, the sub commission meets each

year for four weeks.13

The Sub-Commission submits a public report annually to its parent

body, the UN Commission on Human Rights. That report summarizes

the results and includes the text of all adopted resolutions.

Treaty-based Bodies

Human Rights Committees

The human rights treaty bodies are committees of independent

experts that monitor implementation of the core international human

rights treaties. They are created in accordance with the provisions of the

11 Henry J. Stenier and Philip Alston, International Human Rights in Context -

Law, Politics, Morals, (Oxford: Clarendon Press, 1996), p.217. 12 ECOSOC, Recs 9 ( II ) of 21 June, 1946. 13 Vinod Sharma, Human Rights Violation - A Global Phenomenon, (New Delhi:

A.P.H Publishing Corporation, 2002), p.224.

74

treaty that they monitor.14 There are seven human rights Treaty bodies.15

They are given below,

The Human Rights committee (HRC) monitors implementation of

the International Covenant on Civil and Political Rights 1966,

The Committee on Economic, Social and Cultural Rights (CESCR)

monitors implementation of the international covenant on Economic,

social and cultural Rights 1966;

The Committee on the Elimination of Racial Discrimination

(CERD) monitors implementation of the International Convention on

the Elimination of All Forms of Racial Discrimination 1965;

The Committee on the Elimination of Discrimination against

women (CEDAW) monitors implementation of the convention on the

Elimination of all forms of Discrimination against women 1979;

The Committee Against Torture (CAT) monitors implementation

of the convention against Torture and other cruel, Inhuman or Degrading

Treatment;

The Committee on the Rights of the Child (CRC) monitors

implementation of the convention on the Rights of the child 1989;

14 Praveen Vadkar, Concepts, Theories and Practice of Human Rights, (New

Delhi: Rajat Publications, 2000), p.145. 15 H. Victor Condé, A Handbook of International Human Rights Terminology, (London: Nebraska Press, 2004), p.112.

75

The Committee on migrant workers (CMM) monitors

implementation of the international convention on the protection of the

rights of all migrant workers and members of their families 1990.

Each treaty body receives secretariat support from the treaties and

Commission branch of OHCHR in Geneva except CEDAW, which is

supported by the division for the advancement of women (DAW). The

treaty bodies generally meet at the U.N. office in Geneva, although the

Human Rights committees usually hold its March session in New York.16

U. N. High Commissioner for Human Rights

In a landmark decision on 20th Dec. 1993 the General Assembly

created the position of U.N. High commissioner for Human Right by

passing a resolution.17 It can be reckoned as a turning point in U.N. action

in the Human rights. The High commissioner would be appointed by the

secretary General for a four year term subject to the approval by the

General assembly. The High commissioner will report, annually to the

commission on human rights and through the Economic and social

council to the General Assembly, with a branch of office in New York.

The High commissioner’s principal location will be in Geneva.18

The responsibilities of the High commissioner includes (i)

strengthening and streamlining existing Human rights Mechanisms; (ii)

16 A Panel of Legal commentators (ed.), Law relating to Human Rights,

(Hyderabad: Asia Law House, 2005 ), p.19. 17 U.N. General Assembly Resolution 48 / 141 of December 20, 1993. 18 Sangeetha Ahuja, People, Law, and Justice, (Hyderabad: Orient Longman

Limited, 1997), p.154.

76

Engaging in dialogue with all governments to secure respect for all human

rights; (iii) coordinating human rights; promotion and protection

activities throughout the UN system, including UN education and public

information programmes; (iv) to play an active role in removing the

current obstacles and in meeting the challenges to the full realization of all

human rights; (v) To provide advisory services, technical and financial

assistance in respect of the human right to states at their request and to

take steps for the enhancement of international co-operation for the

promotion and protection of human rights.19

Over the years the United Nations has created a wide range of

mechanisms for Human rights protection. UN special rapporteurs

representatives, experts and working groups have been established in

order to monitor compliance of state parties with the varies human rights

instruments and to investigate allegations of human rights abuses. In

recent years a number of field offices have been opened at the request of

Governments inter alia, to assist in the development of national

institutions for the promotion and protection of Human Rights and to

conduct education campaigns on Human Rights.20

National Mechanism

National Human Rights Commission

In pursuance of a resolution of the General Assembly adopted in

1966, the Economic and social council asked the Human rights

19 S.K. Kapoor, Human Rights Under International Law and Indian Law,

(Allahabad: Central Law Agency, 1999), p.20. 20 P.C. Sinha, Global Source Book on Human Rights, (New Delhi: Kanishka

Publishers Distributors, 2000), p.46.

77

commission of U.N. to consider the question of creation of National

commission of Human Rights to perform certain functions relating to the

observance of the International covenant on Human Rights. This

question was also considered by the commission in 1970 and the

commission recommended that the question of establishment of National

Commission of Human rights in each member state of the U.N. Ought to

be decided by each government of the member state keeping in view the

traditions and institutions of each country. Since then the Human rights

commission has several times stressed the need of the creation of National

commission of Human rights in each member state.21 Vienna Declaration

and programme of action adopted by the Vienna conference on Human

Rights on June 25, 1993 recommended that every state ought to provide

on effective framework of machinery or institution to provide remedies

in case of violations of Human Rights.22

It was after that several states including India have established

National commissions of Human rights to redress Human rights

grievances or violations on 28th Sep 1993, the president of India

promulgate an ordinance which established a National commission of

Human rights.23

Thereafter, of a bill on human rights was passed in the Lok Sabha

on Dec 18, 1993 to replace the ordinance earlier promulgated by the

21 S.K. Kapoor, Human Rights Under International Law and Indian Law,

(Allahabad: Central Law Agency, 1999), p.267. 22 Linda C. Reif, The ombudsman, good governance, and the International Human Rights System, (London: Martinus Nijhoff Publishers, 2004), p.97.

23 Edward Lawson, Encyclopedia of Human Rights, (Washington D.C: Published by Taylor and Francis, 1996), p.713.

78

President. This bill received the assent of the President on Jan. 8, 1994 and

was published in the Gazette of India, Extraordinary part II, section 1, on

Jan 10, 1994 .Thus the protection of Human rights Act (No. 10 of 1994)

came in to force.24

But since the National commission of Human Rights has already

been established and certain acts in pursuance of ordinance had already

been performed, Article 1 (3) provided that the Act shall be deemed to

have came into force on 28 September, 1993.

As a means of accomplishing its mission, the Act empowered the

National Human Rights Commission to depose witnesses, conduct

discovery, evaluate evidence, issue reports and recommendations, and ask

the central government and/or the judiciary to enforce its opinions.25

Definitions

Section 2 (d) of the Act defines ‘human rights’ as the rights relating

to life, liberty, equality and dignity of the individual guaranteed by the

constitution or embodied in the International Covenants and enforceable

by courts in India. Definitions such as

(a) “Act” means the protection of Human Rights Act.1993;26

(b) “Chairperson” means the chairperson of the commission or of

the

state commission, as the case may be;

24 Jagnnath Mohanty, Human Rights Education, (New Delhi: Deep and Deep

Publications Pvt. Ltd, 2003), p.275. 25 Jayanth Krishnan, “Journal of the National Human Rights Commission, India”,

Human Rights Quarterly, Vol.26, No.2, May, 2004, p.542. 26 Human Rights Act 1993, Section. 1.

79

(c) “Commission” means the National Human Rights Commission

under section 3;

(d) “Members” means a member of the commission.

The National Human Rights Commission is constituted by the

Central Government to exercise the powers conferred upon, and to

perform the functions assigned to it under the Act.27 The Commission

consists of a chairperson who has been the chief justice of the supreme

court; one member who is, or has been, the Judge of the supreme court;

another member, who is, or has been the chief justice of a High court; and

two members to be appointed amongst persons having knowledge of, or

practical experience in, matters relating to human rights.28

Besides these, the chairpersons of National Commission for

Minorities, the National Commission for the Scheduled Castes and

Scheduled Tribes and the National Commission for women shall be

deemed to be members of the commission for the discharge of functions

specified in clauses (b) to (j) of Section 12.29 The Headquarters of the

National Human Rights Commission (NHRC) shall be at Delhi. If

necessary, offices may be established at other places of India with the

approval of the Central Government.30

27 Human Rights Act 1993, Section. 3 ( 1 ).

28 Arun Ray, National Human Rights Commission of India: formation, functioning, and future prospects, (New Delhi: Atlantic Publishers & Distributors, 2004), p.278.

29 Human Rights Act 1993, Section 3 ( 3 ). 30 Arun Ray, loc.cit.

80

Appointment of Chairperson and other Members

The Chairperson and the members are appointed by the President

by warrant under his hand and seal after obtaining the recommendations

of committee consisting of the Prime minister, as the Chairperson, and

the Speaker of the House of the people, the Home minister, the leader of

the opposition in the House of the people and the council of states and

the Deputy Chairman of the council of states as members.31

Term of Office of Members

A person appointed as chairperson shall hold office for a term of

five years from the date on which he enters upon his office or until he

attains the age of seventy years, whichever is earlier.32

A person appointed as a member shall also hold office for a term of

five years from the date on which he enters upon his office and shall be

eligible for re-appointment for another term of five years. This is

however, subject to the condition, that no member shall hold office after

he has attained the age of seventy years.33 Further on ceasing to hold

office, a chairperson or a member shall be in eligible for further

employment under the Government or the Government of any state.34

This is indeed a welcome feature of the Act, such provision ought to be

compulsory in respect of the offices of speaker of Lok Sabha, Deputy

31 Kamal Hossain, Human Rights Commissions and Ombudsman offices: National experiences throughout the world, (New Delhi: Martinus Nijhoff Publishers, 2000), p.214.

32 Human Rights Act 1993, Section 6 ( 1 ). 33 Ibid., Section 6 ( 2 ). 34 Ibid., Section 6 ( 3 ).

81

Speaker of Rajya Sabha, Chief Election Commissioner and Governors of

states.

Removal of a Member of the Commission

The chairperson or any other member of the commission can be

removed from his office by order of the president on the ground of

proved misbehavior or incapacity after the Supreme Court, on reference

being made to it by the president, has on inquiry held in accordance with

the procedure prescribed in that behalf by the supreme court, reported

that the chairperson or such other member, as the case may be, ought on

any such ground be removed.35

But despite this provision or not withstanding this provision the

president may by order remove from office the chairperson or any other

member if the chairperson or such other person, as the case may be (a) is

adjudged an insolvent; or (b) engages during his term of office in any paid

employment outside the duties of his office; or (c) is unfit to continue in

office by reason of infirmity of mind or body; or (d) is of unsound mind

and stands so declared by a competent court; or (e) is convicted and sent

to imprisonment for an offence which in the opinion of the president

involves moral turpitude.36 In the above cases, it will not be necessary for

the president to refer the matter to the Supreme Court and obtain its

report before ordering the removal of a chairperson or a member.37

35 Ibid., Section 5 ( 1 ). 36 Ibid., Section 5 ( 2 ).

37 V.V. Devasia, Leelamma Devasia, Women, Social Justice, and Human Rights, (New Delhi: APH Publishing, 2009), p.78.

82

Constituent divisions of NHRC

There are six divisions in the commission. Though each of these

have been entrusted specific tasks, the division work in close consultation

and co ordination with each other these are, 1. The administrative

division, 2. Law division, 3. Investigation division, 4. Policy, Research,

Projects and Programmes Division 5. Information and public relations

divisions 6. Training division and the sections like library and computer

cell.

Administrative Division

This division is headed by a joint secretary assisted by under

secretaries, section officers and other secretariat staff, and functioning

under the overall guidance of the secretary general. This division looks

after the administrative, personnel, establishment and cadre matters of the

staff and other ministerial staff. The Hindi section of the commission

manages for the translation of complaints from Hindi, and other Indian

languages into English, as well as the normal Hindi work of the

commission including the translation of the monthly newsletters and the

annual reports.38

Law Division

The division headed by a senior judicial officer. The post has a scale

of additional secretary to the govt. of India. It deals with the matters

relating to human rights violations either on its own or on a request by a

party provides, hearing to the parties in appropriate cases depending upon

38 NHRC, Annual Report, 1997 – 1998, p.73.

83

the facts and circumstances of each case. The registration (law) is assisted

by a joint registrar and others.39

Investigation Division

When the commission requires and independent enquiry to be

conducted. It is effected through the investigation division which is

headed by an officer of the rank of Director General of Police. He is

assisted by an Inspector general of police / Deputy inspector general of

police, Superintendents of police, Inspector of police and constables.40 The

division also assists the commission in examining complaints,

inscrutinising reports received from the police and other investigation

agencies and looking reports of custodial violence or other Misdemeanors.

Policy-Research, Projects and Programmes Division

Whenever the commission on the basis of its hearing deliberations

or otherwise, arrives at a conclusion that a particular subject is of generic

importance. It is converted into a project / programme to be dealt by the

policy research project and programmes division.41 The division also

under takers and promoters research in human rights. This division is

headed by the joint secretary and consists of a director, an officer on

special duty (Research), a senior research officer consultants and

secretariat staff.42

39 Kamal Hossain, Human Rights Commissions and Ombudsman offices: National experiences throughout the world, (New Delhi: Martinus Nijhoff Publishers, 2000), p.216.

40 Available at http://www.nhrc.nic 41 Dirk Van Zyl Smit, Frieder Dünkel, Imprisonment today and tomorrow: international perspectives on prisoners' rights and prison conditions, (New Delhi: Martinus Nijhoff Publishers, 2001), p.398.

42 NHRC, Annual Report 1994 – 1995, p.30.

84

Information and Public Relation Division

The division disseminates information relating to the activities of

the commission through the printing materials and electronic media and

is headed by information and public relation officer, who also function as

the editor of the Monthly Human rights News-letter the division also has

an assistant information officer.

Training Division

It deals with the need of training in the different categories of

official and non-official institution / organization etc. Networking with

National / state level Institution (Both government / Non-Government).

Library

Besides serving the commission is also a resource centre used by

items, research workers and NGO’s. It contains a collection of books and

a variety of documents of the United Nations, AIR Manuals, Supreme

Court reports, Government reports, NGO bulletins etc.43

The Computer Cell

The computer cell of the commission function in closes co-

ordination with the National informatics centre (NIC). It has developed a

user-friendly package for monitoring the status of complaints from receipt

to final disposal.44

43 Arun Ray, op.cit., p.110.

44 NHRC, Annual Report 1995 – 1996, P.37.

85

Special Rapporteurs / Special Representatives

Special rapporteurs /special representatives are very senior officers

who prior to their retirement have served as secretaries to the government

of India or directors General of Police, they are either given a subject or a

group of subject to deal with bonded labour, child labour custodial

justice, Dalit issues, Disability etc.45

Function of the Commission

The National Human rights Commission has a wide mandate

including Civil and Political rights economic, Social and Cultural and

group rights.46

1. Inquiring

Suo Moto, or on petition presented to it by victims or any persons

on their behalf in to complaints of

(a) Violation of human rights or abetment thereof or

(b) Negligence in the prevention of such violation by a public

servant.47

2. Intervening

In any proceeding involving any allegation of violation of human

rights pending before a court with the approval of such courts.

45 Arun Ray, op.cit., p.111. 46 Syed Mehartaj Begum, Human Rights in India: Issues and Perspectives, (New Delhi: APH Publishing, 2000), p.210.

47 Human Rights Act 1993, Section 12.

86

3. Visiting

Under intimation to the state government concerned any fail or

other institution under the control of the state Government where

persons are detained or ledged for purpose of treatment, reformation or

protection to study the living conditions of the protection of human

rights and recommending measures for their effective implement.

4. Reviewing the factors, including acts of terrorism that inhibit the

enjoyment of human rights and recommending appropriate remedial

Measures.

5. Studying Treaties and other international instruments on human rights

and making recommendation for their effective implementation.

6. Undertaking and promoting research in the field of Human rights.

7. Spreading human rights literacy amongst various sections of society and

promoting awareness of the safeguards available for the protection of

these rights, through publications, through media, seminars and other

available means.

8. Encourage the efforts of NGO’s (Non Governmental Organizations)

and institutions working in the field of Human Rights.

Procedure for Dealing with Complaints

1. All complaints in whatever form received by the commission

shall be registered and assigned a number and placed for admission before

87

a bench of two members constituted for the purpose not later than two

weeks of receipt thereof ordinary complaints of the following nature are

NOT entertainable by the commission:

(a) In regard to events which happened more than one year before

the making of complaints.48

(b) With regard to matters which are sub-judice.

(c) Which are vague, anonymous or pseudonymous

(d) Which are of frivolous Nature; or

(e) Those which are outside the purview of the commission.49

2. No fee chargeable on complaints.

3. Every attempt should be made to disclose a complete picture of the

matter leading to the complaint and the same may be made in English or

Hindi to enable to commission to take immediate action.

To facilitate the filing of the complaints the commission shall,

however, entertain complaints in any language included in Eighth

Schedule of the constitution. It shall be open to the commission to ask for

further information and affidavits to be filed in support of allegations

whenever considered necessary.

4. The commission may, in its discretion, accept telegraphic complaints

and complaints conveyed through Fax.

48 Ibid., Section 36 ( 2 ). 49 Ibid., Section 36 ( 1 ).

88

5. The commission shall have the power to dismiss a complaint in limini.

6. Upon admission of a complaint the chairperson / commission shall

direct whether the matter would be set down for inquiry by it or should

be investigated into.

7. On every complaint on which a decision is taken by the chairperson/

commission to either hold an inquiry or investigation, the secretariat shall

call for report/comments from the concerned Government/authority

giving the latter a reasonable time therefore.

8. On receipt of the comments of the concerned authority, a detailed

note on the merits of the case shall be prepared for consideration of the

commission.

9. The directions and recommendations of the commission shall be

communicated to the concerned Government / authority and the

petitioner as provided for in sections 18 and 19 of the Act.

10. The commission may, in its discretion afford a personal hearing to the

petitioner or any other person on his behalf and such other person or

persons as in the opinion of the commission should be heard, for

appropriate disposal of the matter before it and , where necessary call for

records and examine witnesses in connection with it. The commission

shall afford a reasonable hearing, including opportunity of cross –

examining witnesses, if any, in support of the complaint and leading of

evidence in support of his stand to a person whose conduct is required

into by it or where in its opinion the reputation of such person is likely

to be prejudicially affected.

89

11. Where investigation is undertaken by the team of the commission or

by any other person under its discretion, the report shall be submitted

within a week of its completion or such further time as the commission

may allow. The commission may, in its discretion, direct further

investigation in a given case if it is of the opinion that investigation has

not been proper or the matter requires further investigation for

ascertaining the truth or enabling it to properly dispose of the matter. On

receipt of the report, the commission on its own motion, or if moved in

the matter, may direct inquiry to be carried by it and receive evidence in

course of such inquiry.

12. The commission or any of its members when requested by the

chairperson may undertake visits for an on the spot study and where such

study is undertaken by one or more members, a report thereon shall be

furnished to the commission as early as possible.

Kinds of Issues on which Complaints have been Received in NHRC

Since its inception, the commission has handled a variety of types

of complaints. In the latest period the major types of complaints have

been (a) in respect of police administration, (b) Unlawful detention (c)

False implications (d) Custodial violence (e) illegal arrest (f) other police

excesses (g) Custodial deaths (h) Encounter deaths (i) Harassment of

prisoners; Jail conditions (j) Atrocities on SC’s and ST’s (k) Bonded

Labour (L) Child labour (m) Child Marriage (n) Communal violence (o)

Dowry death or its attempt, dowry demand (p) Abduction; rape and

murder (q) Sexual harassment and indignity to women; exploitation of

90

women (r) Numerous other complaints which cannot be categorized have

also been taken up.50

In contrast to Parliament or the state’s bureaucracy, the NHRC

carries an air of legitimacy among the public and it has, at times, criticized

the central government and various state governments for not doing more

to protect human rights. Perhaps the most well known report from the

NHRC involves the 2002 Gujarat riots.51 In early 2002 vicious riots broke

out in the western state of Gujarat; most of the thousands of victims

killed or brutalized were Muslims at the hands of Hindu nationalist-

fanatics, although certainly those within the state’s Hindu community

also suffered loses as well. In the months after the riots, the state and

central governments launched investigations; the NHRC too conducted

its own investigation, as did numerous domestic and international

nongovernmental associations. As part of its findings, the NHRC

condemned the police for not adequately protecting Muslim communities

that came under attack.52 It also criticized the state government for

politicizing the riots and fanning communal tensions. And when several

Hindus accused of murdering a group of Muslims at the Best Bakery Shop

were acquitted after key eyewitnesses during the trial recanted what they

originally saw, the NHRC intervened and asked the Supreme Court to

investigate whether the defendants should be re-tried outside of Gujarat

50 Sabine Nierhoff, The Complaints Handling Mechanism of the National Human

Rights Commission of India, (Madurai: People’s Watch Publication, 2005), p.212. 51 Human Rights Watch, “Compounding Injustice: The Government’s Failure to

Redress Massacres in Gujarat”, available at www.hrw.org/asia/india.php 52 J. Venkatesan, “NHRC Chief Deplores Tardy Relief to Gujarat Riot Victims”,

The Hindu,10 January, 2003.

91

and whether those charged had intimidated the witnesses. The

investigation is still pending.53

Steps to be taken by NHRC after Inquiry

After completion of the inquiry the National Human Rights

Commission may take any of the following steps.54

1. Where the inquiry discloses the commission of violation of human

rights or negligence in the prevention of violation of human rights by a

public servant, it may recommend to the concerned Government or

authority the initiation of proceedings for prosecution or such other

action as the commission may deem fit against the concerned person or

persons.

2. Approach the Supreme Court or the concerned High Court for such

directions orders or writes, as the court may deem necessary.

3. Recommend to a concern Government or authority for the grant of

such immediate interim relief to the victim or the members of its family,

as the commission may consider necessary.

4. Provide copy of the inquiry report to the petitioner or his

representative.

53 Jayanth Krishnan, loc.cit.

54 Asish Kumar Das, A. Kumar Das P.K. Mohanty, Human rights in India, (New Delhi: Sarup & Sons, 2007), p.57.

92

5. Send a copy of an inquiry report together with recommendations to the

concerned Government or authority and the concerned Government or

authority shall, with in a period of one month, or such further time as the

National Human Rights Commission may allow, forward to National

Human Rights Commission, its comments on the report, including the

action taken or proposed to be taken.

6. Publish its inquiry report together with the comments of the concerned

Government or authority, if any and the action taken or proposed to be

taken by the concerned Government or authority on the

recommendation of the commission.55

Procedure with Respect to Armed Forces

Section 19 of Protection of Human Rights Act, 1993 provides,56

1. Notwithstanding anything contained in this Act, while dealing with

complaints of violation of human rights by members of Armed forces, the

commission shall adopt the following procedure, namely,

(a) It may, either on its own motion or on receipt of a petition, seek

a report from the central Government,

(b) After the receipt of the report, it may, either not proceed with

the complaint or, as the case may be, make its recommendations to

that Government.

55 Human Rights Act 1993, Section. 18.

56 Brian Burdekin, Jason Naum,National Human Rights Institutions in the Asia Pacific Region, (New Delhi: Martinus Nijhoff Publishers, 2007), p.16.

93

2. The central Government shall inform the commission of the action

taken on the recommendations within three month or such further time

as the commission may allow,

3. The commission shall publish its report together with its

recommendations made to the central Government and the action taken

by that Government on such recommendations.

4. The commission shall provide a copy of the report published under sub

section (3) to the petitioner or his representatives.

Annual and Special Reports of the Commission

The National Human Rights Commission is required to submit an

annual report to the Central Government and to the State Govt.

concerned and may at any time submit special reports on any matter

which, in its opinion is of such urgency or importance that it should not

be deferred till submission of the annual report.57 After the annual report

is submitted by the commission, the Central Govt. and the state Govt. as

the case may be, shall cause the annual and special reports of the

commission to be laid before each House of Parliament or the State

Legislature respectively, as the case may be, along with a memorandum of

action taken or proposed to be taken on the recommendations of the

commission and the reasons for non–acceptance of the recommendations,

if any.58

57 Human Rights Act 1993, Section 20 ( 1 ). 58 Ibid., Section 20 ( 2 ).

94

Protection of Rights

The number of complaints received by the commission has

increased from 496 in 1993-94 to 1,14,114 in 2006-2007, reflecting the

growing credibility of the commission and the trust reposed in it by

citizens. The commission has recommended systematic reforms in police

functioning and in prison administration; the commission has also laid

down stringent reporting requirements in cases of deaths/rapes in

custody.59 The commission has reviewed a number of legislative bills/acts,

which impinge on human rights of people in general and vulnerable

sections of society in particular.

The commission has played an important role in monitoring the

misuse of the terrorists and disruptive activities (Prevention) act 1987

(TADA) and gave its opinion on the prevention of terrorism bill, 2000

and the prevention of terrorism ordinance 2001 (POTO), pursuant

to the Commission efforts, the govt. of India have signed the convention

against torture, and other cruel, inhuman, degrading treatment or

punishment in 1997.

Recognizing the gaicial linkages between public health and human

rights, the commission has made significant recommendation on mental

anemia; HIV / AIDS and access to health care.

In the field of social and economic rights the commission has made

comprehensive and systematic recommendations for the protection of the

59 NHRC, Case No: 525 / 30 / 2002 – 2003 – CD.

95

vulnerable sections of the people, including Women,60 Children,61 Dalits,62

Minorities,63 Disabled and denotified and nomadic tribes.64

It has also undertaken programmes for the elimination of manual

scavenging; bonded labour, child labour and trafficking in women and

children.

Promotion of human rights literacy and awareness in the

educational system; human rights training for the armed forces and police,

public authorities, civil society and students; research through well-

known academic institutions and NGO’s on various issues relating to

human rights are major initiatives of the National Human Rights

Commission. The commission in practice has proved to be an effective

body for the observance of Human rights in the country.65

The National Commission for Women

The National Commission for Women (NCW) was constituted on

31 January, 1992 in pursuance of the national commission for women Act

1990. The Commission shall consist of (a) A Chairperson, committed to

the cause of women, to be nominated by the Central Government. (b)

five Members to be nominated by the Central Government from amongst

persons of ability, integrity and standing who have had experience in law

or legislation, trade unionism, management of an industry potential of

60 NHRC, Case No: 1775 / 35 / 2003 – 2004. 61 NHRC, Case No: 443 / 1 / 2001 – 2002. 62 NHRC, Case No: 9133 / 24 / 1998 – 1999. 63 NHRC, Case No: 422 / 18 / 1998 – 1999. 64 NHRC, Case No: 14971 / 24 / 1997 – 1998.

65 U.N. Gupta, Human Rights, Vol.IV, (New Delhi: Atlantic Publishers & Distributors, 2006), p.360.

96

women, women’s voluntary organizations (including women activist),

administration, economic development, health, education or social

welfare.66

Provided that at least one Member each shall be from amongst

persons belonging to the Scheduled Castes and Scheduled Tribes

respectively. The chairperson and five other members hold office for

three years.

The National Commission for Women performs multifarious

functions: It may investigate and examine all matters relating to the

safeguards provided for women under the constitution and other laws. It

does present to the central government, annually and at such other times

as the commission may deem fit, reports upon the working of these

safeguards. It makes, in such reports recommendations for the effective

implementation of the safeguards for improving the conditions of women

by the union or any state. It reviews, from time to time, the existing

provisions of the constitution and other laws affecting women and

recommends legislative measures to meet any lacunae, inadequacies or

shortcomings in such legislations. It takes up cases of violations of the

provisions of the constitution and other laws relating to women with

appropriate authorities. It looks into complaints and takes notice of

matters relating to (i) Deprivation of women’s rights; (ii) Non-

implementation of laws enacted to provide protection to women and also

to achieve the objective of equality and development; and (iii) non-

66 Sawalia Bihari Verma, Status of Women in Modern India, (New Delhi: Deep & Deep, 2005), p.65.

97

compliance of policy decisions, guidelines or instructions aimed at

mitigating hard-ship and ensuring welfare and providing relief to

women.67 It calls for special studies or investigations into specific

problems or situations arising out of discrimination and atrocities so as to

recommend strategies for their removal. It participates in and advises on

the planning process of socio-economic development of women. It

inspects or gets inspected a jail, remand home, women’s institution or

other places of custody, where women are kept as prisoners or otherwise,

and takes up with the concerned authorities remedial actions, if found

necessary. It makes periodical reports to the government on any matter

pertaining to women and in particular, various difficulties under which

women toil.68

The National Commission for Scheduled Castes (SCs) and Scheduled

Tribes (STs)

Though the constitution establishes right to equality and prohibits

discrimination based on caste, race religion, sex or birth besides outlawing

the age old practice of Untouchablity, the ex-untouchables/dalits have

not been fully integrated into social mainstream. Their rights are being

violated every day. To bring social equality/justice constitutional and

administrative safeguards were provided through the preferential policies

commonly known as Reservation Policy (in jobs educational places and

legislatures).The parliament passed three acts with a view to effectively

enforce article 17 of the constitution, which abolishes Untouchablity.

67 Shirin Rai, Mainstreaming Gender, Democratizing the state?: Institutional mechanisms for the advancement of women, Perspectives on Democratization, (New Delhi: Transaction Publishers, 2007), p.98.

68 Available at http://www.ncw.nic.in

98

These acts are Untouchablity (Offences) act of 1955 as amended by the

Protection of Civil Rights Acts, 1976, and the Scheduled castes and

Scheduled Tribes (Prevention of Atrocities), 1989. These Acts prescribe

penalty for offences / atrocities against dalits.69

In 1950 a special officer designated as commissioner for SCs and STs

was appointed under Article 338 of the constitution to investigate all

matters relating to the safeguards provided for these disadvantaged and

weaker sections of the society. Subsequently, it was felt that, instead of a

single officer, a high level five member commission would be a more

effective arrangement.

Accordingly in 1990 the National Commission for SCs and STs was

constituted for the protection, welfare, socio-economic development and

advancement of SCs and STs and to evaluate the working of such

safeguard. It is empowered to inquire into specific complaints of

deprivation of rights of these people. It presents to the President of India

annual reports upon the working of these safeguards and makes

recommendations for undertaking measures necessary for the effective

implementation of the safeguards. However, with the Constitution

(Eighty-Ninth Amendment) Act, 2003 coming into force on 19-2-2004

vide notification of that date, the National Commission for Scheduled

Castes and Scheduled Tribes got bifurcated and a separate National

69 Prem Kumar Shinde, Dalits and Human Rights: Dalits: security and rights implications, (New Delhi: Gyan Publishing House, 2005), p.149.

99

Commission for Scheduled Castes was constituted, and separate National

Commission for Scheduled Tribes was set up.70

The National Commission for Minorities

In order to preserve secular traditions and to promote National

integration the Government of India attaches the highest importance to

the enforcement of the safeguards provided for the Minorities and is of

the firm view that effective institutional arrangements are urgently

required for the enforcement and implementation of all the safeguards

provided for the Minorities in the Constitution, in the Central and state

Laws and in the government policies and administrative schemes

enunciated from time to time.71 With a view to ensuring effective

enforcement of the implementation of constitutional provisions relating

to Minorities, a National Commission for Minorities (NCM) was created

in 1978, which was given statutory status in 1992. According to the

government notification, these Minorities include the Muslims, Christians

Sikhs, Buddhists and Zoroastrians (Parsis) etc., The Commission consists

of a chairperson, a vice-chairperson and five members-belonging mostly to

the minority communities.72 The chairperson and members hold office

for three years.

The commission performs, among others, the following function: -

1.Evaluate the progress of the development of minorities under the union

and states; Monitor the working of the safeguards provided in the

70 David Keane, Caste-based discrimination in International human rights law, (New Delhio: Ashgate Publishing, Ltd., 2007), p14. 71 Emanual Nahar, Minority politics in India: role and impact of Christians in Punjab politics, (New Delhi: Arun Pub. House, 2007), p.64.

72 Available at http://www.ncm.nic.in

100

constitution and laws in enacted by the Parliament and the State

legislatures 2. Make recommendations for effective implementation of

safeguards for the protection of the interests of minorities by the central

government or the state governments; 3. Look into specific complaints

regarding deprivation of rights and safeguards of the minorities and take

up such matters with the appropriate authorities; 4.Conduct studies,

research and analysis on the issues relating to socio-economic and

educational development of minorities; 5. Make periodical or special

reports to the central government on any matter pertaining to minorities

and in particular, difficulties confronted by them.

State Mechanism

State Human Rights Commission, Tamil Nadu

According to A.S. Anand, who was the Chief Justice of India

between October 1998 and November 2001, who became the Chairperson

of the National Human Rights Commission in February 2003, “Strong

State Human Rights Commissions would go a long way in the better

promotion of human rights”.73

According to section 21 (1) of the protection of Human Rights Act

1993, a state Government may Constitute a body to be known as the (the

name of the state) Human Rights Commission to exercise the powers

conferred upon, and to perform the functions assigned, to state

commission under chapter V of the Act.74 The wording of this provision,

especially the word ‘may’ indicates that it is not compulsory for the states

73 The Hindu, 14 December, 2005.

74 S.K. Kapoor, Human Rights Under International Law and Indian Law, (Allahabad: Central Law Agency, 1999), p.283.

101

to establish State Human Rights Commission. Thus it depends upon the

discretion of the state. Tamil Nadu is one of the very few states which

have constituted a commission for the human rights.75 Tamilnadu was the

fifth state to form the commission. The Tamilnadu state Human Rights

Commission started its work on 17 April, 1997.76

Constitution of State Human Rights Commission

The state human rights commission shall consists of (a) A

chairperson who has been a chief justice of a High court, (b) one member,

who is, or has been a judge of a High court (c) one member, who is, or

has been a , District judge in that state, (d) Two members to be appointed

from amongst persons having knowledge of, or practical experience in

matters relating to human rights.77 (e) A secretary who shall be the chief

executive officer of the state commission and shall exercise such power

and discharge such functions of the state commission as it may delegate to

him.78

Appointment of Chairperson and Other Members of State

Commission

The chairperson and other members of state commission are to be

appointed by the governor under his hand and seal after obtaining the

recommendation of a committee consisting of chief minister as the

chairperson, speaker of the legislative assembly, the minister in charge of

75 Raja Mutthirulandi, Human rights: the constitution and statutory institutions of India, (Chennai: Soorya Pathippakam, 1998), p.78.

76 SHRC, Annual Report 1997 – 1998, p.3. 77 Human Rights Act 1993, Section 21 ( 2 ). 78 Ibid., Section 21 ( 3 ).

102

the department home in that state and the leader of the opposition in the

legislative assembly as members.79

The headquarters of the state commission shall be at such place as

the state Government may, by notification, specify. The commission is

equipped with an investigative wing, Technical wing and a scientific wing.

A person appointed as chairperson or as a member is appointed for

a term of five years from the date on which he enters upon his office or

until he attains the age of seventy years, whichever is earlier. While the

chairperson after completion of his term of five years is ineligible for re-

appointment.

A person appointed as a member is eligible for another term of five

years subject to the condition that no member shall hold office after he

has attained the age of seventy years.80

Jurisdiction of the State Commission

Sub-section (5) of section 21 provides that a state commission may

inquire into violation of human rights only in respect of matters relatable

to any of the entries enumerated in list II and list III in the seventh

schedule to the constitution. This is however subject to a proviso that if

any such matter is already being inquired in to by the commission (i.e.

NHRC) or any other commission duly constituted under any law for the

79 Jagnnath Mohanaty, Human Rights Education, (New Delhi: Deep and Deep

Publications Pvt. Ltd, 2003), p.288. 80 Human Rights Act 1993, Section 24.

103

time being in force, the state commission shall not inquire into the said

matter.81

Annual and Special Reports of State Commission

The state commission is required to submit an annual report to the

state Government and May at time submit special reports on any matter

which in its opinion, is of such urgency or importance that if should not

be deferred till the submission of the annual report.82 After the annual and

special reports are submitted by the state commission, the state

government shall cause them to be laid before each house of the state

legislature where it consists of two houses, or where such legislature

consists of one house, before that house along with a memorandum of

action taken or proposed to be taken on the recommendations of the state

commission and the reasons for the non-acceptance of the

recommendations, if any.83

Protection of Rights

The commission’s purview covers the entire range of civil, political

as well as economic, social and cultural rights. Areas facing terrorism and

custodial death, rape and torture, reform of the police, prisons and other

institutions such as mental hospitals and shelters for women have been

given special attention. Basic needs such as potable drinking water, food

and nutrition and highlighted fundamental questions of equality and

justice to the less privileged, namely the scheduled castes and scheduled

81 O. P. Chauhan, Lalit Dadwal, Human Rights: Promotion and Protection, (New Delhi: Anmol Publications PVT. LTD., 2004), p.68.

82 Human Rights Act 1993, Section 28 ( 1 ). 83 Human Rights Act 1993, Section 28 ( 2 ).

104

tribes and the prevention of atrocities perpetrated against them, rights of

women subjected to violence, sexual harassment and discrimination and

rights of minorities have been the focus of the commission’s action on

numerous occasions.84

The commission creates awareness and conducted many

programmes for spreading the message on the human rights, In 1997 the

state commission received 2100 complaints and it increased to 12,315 in

2008. For the purpose of providing speedy trial of offences arising out of

violation of human rights, the state Government may, with the

concurrence of the chief justice of the High court, by notification, specify

for each district a court of session to be a Human Rights Court to try the

said offences.

But no such court shall be specified if (a) a court of sessions is

already specified as a special court, or, (b) a special court is already

constituted for such offences under any other law for the time being in

force.85 For every human rights court, the state govt. shall by notification,

specify a public prosecutor or appoint an advocate who has been in

practice as an advocate for not less than seven years, as a special public

prosecutor for the purpose of conducting cases in that court.86

84 Available at http://www.shrc.nic.in 85 D.K. Tiwari, Laws of Protection of Human Rights, (Allahabad: Alia Law

Agency, 2000), p.109. 86 Shantha Kumar, Human Rights, (Madurai: People’s Watch Publication, 2005),

p.185.

105

State Commission for Women, Tamil Nadu

State Commission for Women was constituted by the State

Government of Tamil Nadu for safeguarding the rights and welfare of the

Women. The Commission shall consist of a Chairperson and five other

members to be nominated by the State Government, in which there will

be Women I.A.S Officer, Women I.P.S Officer, a Prominent Social

Worker, Principal of an Educational institution and a Prominent Women

Member of the Legal Profession, provided that at least one member shall

be from amongst persons belonging to the Scheduled Castes and

Scheduled Tribes.87

The Commission shall perform all or any of the following

functions, namely: (a) investigate and examine all matters relating to the

safeguards provided for women under the constitution and other laws (b)

present to the State Government annually and at such other times as the

commission may deem fit, reports upon the working of these safeguards

and make in such reports recommendations for the effective

implementation of those safeguards for improving the conditions of

women (c) Review, from time to time, the existing provisions of the

constitution and other laws affecting women and recommend

amendments thereto so as to suggest remedial legislative measures to meet

any lacuna, inadequacies or shortcomings in such legislations (d) look into

the complaints relating to: (i) Deprivation of Women’s rights, (ii) Non-

implementation of laws enacted to provide protection to women and also

87 Nao Localizado, Tamil Nadu, Human Development Report, (Chennai: Berghahn Books, 2003), p.111.

106

to achieve the objective of equality and development. (e) Undertake

promotional and educational research so as to suggest ways of ensuring

due representation of women in all spheres and identify factors

responsible for impending their advancement.88

The commission shall submit an Annual Report to the State

Government detailing its activities and recommendations. This will

however not preclude the Commission submitting reports to the

Government at any time they consider necessary on matters of urgency

and within the scope of its functions.89

The annual report together with a memorandum on linking the

action taken on the recommendations and explaining the reasons for non-

acceptance of the recommendations, if any, will be laid before the state

Legislature.

State Office of the National Commission for Scheduled Castes,

Tamil Nadu

With a view to provide safeguards against the exploitation of

Scheduled Castes & Scheduled Tribes and to promote and protect their

social, educational, economic and cultural interests, special provisions

were made in the constitution. The National Commission for Scheduled

Castes functions from its headquarters at New Delhi and from the State

Offices of the Commission located in many states.90 In Tamil Nadu the

88 Available at http://www.scw.nic.in

89 Indrani Sen Gupta, Human Rights of Minority and Women's: Women and human rights development, (New Delhi: Gyan Publishing House, 2005), p.117.

90 Available at http://www.ncsc.nic.in

107

State Office of the National Commission for Scheduled Castes which

work closely with the National Commission. The State Office keeps a

watch on the formulation of policy and issue of guidelines relating to the

welfare of Scheduled Castes in the State and keep the Commission’s

headquarters informed about the development periodically. Policy

decisions taken by State Government affecting the interest of the

Scheduled Castes is brought to the notice of the concerned authorities for

necessary action. To investigate and monitor all matters relating to the

safeguards provided for the Scheduled Castes, to make necessary

recommendations for their protection, welfare and socio-economic

development are some of the duties and functions assigned to the

commission.

Regional Offices of the National Commission for Scheduled Tribes.91

The National Commission for Scheduled Tribes functions from its

Headquarters at New Delhi and from the Regional Offices of the

Commission located in Six States – Bhopal, Bhubaneswar, Jaipur, Raipur,

Ranchi, Shillong.92 The Six Regional Offices of the National Commission

for Scheduled Tribes which work closely with the National Commission.

The State of Tamil Nadu comes under the jurisdiction of the

Bhubaneswar Regional Office. The Regional Offices keep a watch on the

formulation of policy and issue of guidelines relating to the welfare of

Scheduled Tribes in the States and keep the Commission’s headquarters

informed about the development periodically. Policy decisions taken by

any State Government affecting the interest of the Scheduled Tribes is

91 Human Rights Watch, India: small change : Bonded Child Labor in India's Silk Industry, (New Delhi: Human Rights Watch, 2003), p.48.

92 Available at http://www.ncst.nic.in

108

brought to the notice of the concerned authorities for necessary action.

To investigate and monitor all matters relating to the safeguards provided

for the Scheduled Tribes, to make necessary recommendations for their

protection, welfare and socio-economic development are some of the

duties and functions assigned to the commission.93

State Commission for Minorities, Tamil Nadu

State Minorities Commission, Tamil Nadu was constituted by the

state Government for safeguarding the rights and interests of both

Religious and Linguistics Minorities.94 In Tamil Nadu, the State

Minorities Commission functions as a recommendatory body to the

Government of Tamil Nadu. The Commission consists of a chairperson,

and five other members, and the term of the commission is for three years

from the date of constitution.

The State Minorities commission performs the following functions:

(a) To examine and evaluate the working of the various safeguards

provided in the constitutions and by the laws of the State Legislature for

the protection of Minorities (b) To make recommend measures ensuring

effective implementation and enforcement of such safeguards and laws. (c)

To undertake a review of the implementation of the policies and schemes

of the State Government for the welfare of the Minorities of the state. (d)

To conduct studies, research and analysis and suggest ways and means of

avoidance of discrimination against Minorities of the state. (e) To make

recommendations for ensuring, maintaining and promoting communal

93 R.V.K. Naidu, Empowerment of scheduled castes, (New Delhi: Gyan Books, 2004), p.81.

94 Available at http://www.scm.nic.in

109

harmony in the state (f) To make periodical reports at prescribed intervals

to the State Government.

This commission visits various parts of the state to study the

problems of the Minorities and recommends suitable remediable measures

to the departments concerned.95

In India at the State level, there are 18 State Human Rights

Commissions, 34 State Women’s Commissions, 15 State Minorities

Commissions, 24 State Information Commissions, 12 State headquarter

offices of the National Commission for Scheduled Castes, 35 State

Commissioners for Persons with Disabilities and 6 State headquarter

offices of the National Commission for Scheduled Tribes. Thus,

there are almost 145 statutory Human Rights institutions at the state level

in India, all these institutions at both the national and state levels

contribute to the promotion and protection of Human Rights in India.

The establishment of the National Human Rights Commission

after that and the constitution of State Human Rights Commission in

Tamil Nadu are definitely the positive development due to the pressure

and influence exercised by the Human Rights Non Governmental

Organizations like People’s Watch, its history and its activities are

explained in the following chapters.

95 Ganapathy Palanithurai, A Handbook for Panchayati Raj Administration (Tamil Nadu), (New Delhi: Concept Publishing Company, 2007), p.74.

CChhaapptteerr –– IIVV

110

CHAPTER IV

FOUNDATION OF PEOPLE’S WATCH AND ITS

ADMINISTRATIVE STRUCTURE

The system of protection and promotion of Human Rights has

since its beginnings been inconceivable without the work of Non

Governmental Organizations. (NGOs) These organizations are a vital

aspect of the global Human Rights struggle.

Human Rights NGOs: Role, Structure and Legal Status

Role of Human Rights NGOs

As is well-known, a considerable number of NGOs is engaged in

the protection of human rights both at the national and international

level. The varied role of these NGOs can be summarized as follows.

Agenda setting: NGOs play a crucial role in the creation of the political

atmosphere and context to stimulate action in the field of human rights

by governments and intergovernmental organizations (IGOs). They

contribute to drawing the attention of world public opinion to human

rights issues, influence the setting of the public agenda in this respect and

help governments and IGOs to identify and prioritize key human rights

issues. 1

Standard setting: NGOs are actively involved in the drafting process of

human rights conventions and treaties (e.g., Universal Declaration of

1 Nigel S. Rodley, Human Rights NGOs: Rights and Obligations, Present Status

and Perspectives, in The Legitimacy Of The United Nations: Towards An Enhanced Legal Status Of Non-State Actors, SIM Special No. 19, (1997), p. 44.

111

Human Rights, Convention on the Rights of the Child, Convention

Against Torture) and thus help in the development of human rights

norms. Lobbying is generally the means by which NGOs provide their

input in standard setting (e.g., 1993 World Conference on Human Rights

in Vienna, 1995 Fourth World Conference on Women in Beijing, 2001

World Conference on Racism). In many instances part of the lobbying

strategy consists in submitting legal studies drafted by experts, which

contain the NGO’s own interpretation of the applicable international

rules and suggestions for improvements.

Enforcement: NGOs help to safeguard human rights against government

infringement through techniques such as diplomatic initiatives, fact-

finding missions, reports, public statements and mobilization of public

opinion. These techniques have proven successful, since in most

circumstances, NGOs are more independent from political forces than

States or IGOs and thus are more able to identify and criticize human

rights violations. Once NGOs bring a problem to a State’s attention it

becomes more difficult to ignore human rights violations.

Most NGOs publicly report the results of their missions and thus

provide valuable information about violations of human rights. Publicity

is an important factor in the enforcement of human rights by NGOs.

NGOs also contribute to the enforcement of human rights by carrying

out research and providing it to IGOs or to national delegations or

governmental bodies. Once norms are promulgated and the machinery to

hold States accountable for human rights violations is in place, NGOs

play a predominant role in providing the machinery with the information

necessary for them to discharge their tasks effectively.

112

Aid and Education: NGOs provide assistance to victims of human rights

violations. They also assist States and IGOs in the implementation of

human rights programmes by acting as their agents on the field. In

addition, NGOs educate the general public by disseminating information

on human rights and offering courses on the topic.

Mandates

Human rights NGOs differ widely in their mandates. Some of

them have very narrow and discrete mandates, focusing on one category

of rights and even on a particular aspect of a category, while other NGOs

have broader and more inclusive mandates. Moreover, some NGOs have

activities in several countries and are thus considered as “international”

NGOs, while others limit their activities to their own country. The main

difference between these two types of NGOs is that international NGOs

base their advocacy more consistently on international law.

Mandates of human rights NGOs have been dynamic, changing

according to different circumstances, such as: political and institutional

context, ideological positions and geographical locations, practical issues

of membership and fundraising, concerns on how to maximize

achievements, self-perception and pressures from local groups or other

institutions. The differences in mandates also correspond to the division

between First World and Third World NGOs.2 In general, First World

NGOs concentrate more than Third World NGOs on civil and political

2 The term “First World NGOs” in this context refers to NGOs based in

developed countries and committed to traditional Western liberal values. The term “Third World NGOs” refers to all other NGOs not included in the first category. Given the diversity of conditions, cultures and values in developing countries, this category constitutes a more diffuse one than “First World NGOs”.

113

rights, due process and the protection of individuals against State

interference. Third World NGOs, on the other hand, tend to stress the

importance of economic, social and cultural rights.

Structure And Configuration

Most NGOs consist of a small group of policy makers and

administrators without a broad membership. International human rights

NGOs are often structured so that there is an international secretariat

that represents national sections in various countries. The membership

composition of human rights NGOs also differs widely.3 For instance,

some Third World human rights NGOs involve local governmental

officials and professional groups or are likely to include elected officials

among their members. Incontrast, other human rights NGOs (especially

First World NGOs) are very careful not to accept members with

government links.

In general it appears that international human rights NGOs have

formal members and that their membership structures have gradually

become more decentralized, allowing more input from individual

members and giving their national sections a considerable amount of

autonomy. Generally, decision making within these NGOs follows

consensus procedures. Many international human rights NGOs rely to

some degree on fundraising to sustain their operations. A large percentage

of these NGOs also receive foundation grants to support their work. In

addition, many NGOs receive grants from governments or IGOs.

3 General George A. Lopez, Globalizing Human Rights NGOs in the 1990s, 20

HUM RTS. Q. 379 (1998), p. 405-407.

114

International Legal Status

Most human rights NGOs are to be found at the national level.

Their legal status is determined by reference to the law of their national

States. Nonetheless, a substantial number of human rights NGOs

consider themselves international. This is because they bring together

individuals or associations from different countries and because their

interests extend beyond the national level (even if their constituent

membership or associations are mainly involved in work at the local

level). Very few international NGOs are exclusively international in

approach (e.g., like Amnesty International).

Despite their international character, the legal status of

international NGOs is generally determined either by the State of

incorporation or, in the absence of incorporation, by the State where the

headquarters or other organized activities are located. The laws of the

country of establishment generally govern even NGOs that are

established at the national level but have an international mandate.

Despite the above, international law does invest NGOs with some degree

of legal status. Below is a brief summary of the rights conferred to NGOs

in the framework of the UN Charter, human rights treaties, and Human

Rights non-treaty based procedures.

United Nations Charter

Article 71 of the UN Charter provides that the Economic and

Social Council (ECOSOC) may make consultative arrangements with

NGOs. ECOSOC Resolutions 1996/31 and 1296 implementing this

article, divide NGOs in three categories: Category I, Category II and

115

Roster. Category I is for NGOs with interest in most of the activities of

ECOSOC; Category II is for those with a special competence in a few of

the activities of ECOSOC; and the Roster is for all other NGOs that

might be consulted on an ad hoc basis. The number of NGOs having

consultative status has grown steadily since the creation of the UN

Charter.4

The rights conferred by the consultative status include:

Agenda: Right to receive the provisional agenda of ECOSOC or its

subsidiary bodies and to propose the inclusion of new agenda items

(Category I NGOs).

Attendance: NGOs are entitled to attend public meetings of ECOSOC

and its subsidiary bodies (Roster NGOs only in certain cases).

Written Statements: NGOs may submit statements and have them

circulated to ECOSOC and its subsidiary bodies. (The permitted length

of the statement depends on the NGO category).

Oral Interventions: Depending on their category, NGOs have the right

to make oral statements before ECOSOC. Many special organs of the

UN maintain similar consultative arrangements with NGOs, which are

regulated in resolutions of the General Assembly, ECOSOC, or in rules

of procedure of the special organs themselves (e.g., the UN High

Commissioner for Refugees (UNHCR), the UN Children’s Fund

4 Peter Willets, Consultative Status of NGOs at the United Nations, in the

conscience of the world, the influence of non-governmental organizations in the U.N. system, (1996), p. 33).

116

(UNICEF), the UN Environment Program (UNEP), etc). Moreover,

other specialized organizations of the UN have formalized consultative

relationships with NGOs in accordance with their constitutions (e.g., the

UN Educational, Scientific, and Cultural Organization (UNESCO).

NGOs have no formal rights in the General Assembly, its

committees and working groups. Even when access is granted informally,

neither written nor oral formal participation by NGOs is allowed. It is

worth mentioning that it is standard practice to give rights of

participation at UN conferences to NGOs with ECOSOC consultative

status. It has also been common practice to give the same rights at

conferences to a wider range of NGOs that apply to attend an individual

conference.

Human Rights Treaties: Most of the UN’s human rights treaties provide

for schemes to review State compliance with their provisions, normally

by means of an established expert body. NGOs play a very important

role as part of the reporting procedures before these treaty bodies in

submitting reliable information to the body in question regarding State

violations. The role of NGOs varies from treaty to treaty. It has been said

that the most developed system of NGO input is the NGO Group on the

Committee on the Rights of the Child, which has issued a guide for

NGOs preparing complementary information and which invites NGOs

to present oral information to a pre-sessional working group of the

Committee. 5

5 S. N. Chaudhary, Human Rights and poverty in India: Theoretical Issues and

Empirical Evidences, (New Delhi: Concept Publishing Company, 2005), p.43.

117

The Committee on Economic, Social and Cultural Rights also

proves to be quite open to NGO involvement. It invites written

information from NGOs and even provides an opportunity to present

oral information before both the Committee itself and its pre-sessional

working group.18 In many other committees the role of NGOs seems

influential even if it takes a more informal character.6

Non-Treaty Based Mechanisms: The UN Commission for Human

Rights (the “Commission”) has created a machinery to address serious

human rights problems. In 1970 it established a confidential procedure

pursuant to ECOSOC 1503(XLVIII) concerning situations that appear to

reveal a consistent pattern of gross and reliably attested violations of

human rights.7 The “1503 procedure” allows the reception of materials

emanating from any non-official source, including NGOs. From 1980

onwards, the Commission set up a series of mechanisms to deal with

particular types of human rights violations such as the Working Group

on Enforced or Involuntary Disappearances, the Special Rapporteur on

Torture, etc. They are mandated to seek and receive information from a

broad range of non-official sources, including NGOs. NGOs have

succeeded in making their voice heard at a national and international level

and have thus become important actors in the protection and promotion

of human rights throughout the world.

6 Anton Vedder, NGO involvement in international governance and policy:

sources of legitimacy, (New Delhi: Martinus Nijhoff Publishers, 2007), p.187. 7 Rachel Brett, Non-Governmental Actors in the Field of Human Rights, in an

introduction to the international protection of Human Rights, 399, at p. 403-404.

118

Today more than thousand five hundred national and international

NGOs are deeply involved in promoting human rights all over the

world.8 In the world conference on human rights in Vienna in 1993,

thousands of new NGOs from developing world participated and asserted

their role in implementing International Bill of Human rights. They are

capable of working on the frontlines of the struggle for human dignity.9

People’s Watch is one of the Nongovernmental Human Rights

Organization based in Tamil Nadu, and its history and its administrative

structure are explained in the following pages.

Foundation of People’s Watch

People’s Watch – Tamil Nadu is a well known organization that

works for the promotion and protection of Human Rights in Tamil

Nadu. Its aim is to work for ensuring social justice. For Mr. Henri

Tiphagne, the Executive Director of People’s Watch – Tamil Nadu,

Human Rights has been a passionate issue since 1977 when he had the

opportunity of working at the grassroots level in a program which started

as a development project immediately after a natural calamity. In 1979-80

he started civil liberties work as a student activist and later became the

secretary of the Madurai unit of the People’s Union for Civil

Liberties(PUCL) and then went on to serve on the National Council of

the PUCL as its National Organizing Secretary. It was after attending the

Second World Conference on Human Rights in Vienna in the year 1993

that he felt that he couldn’t continue with ordinary, voluntary type of

8 M. L. Nararsaiah, Nongovernmental Organizations and Human Rights, (New

Delhi: Discovery Publishing House, 2006), p.64. 9 Hemlata Talesra, Nalini Pancholy, Mangi Lal Nagda, Human Rights

Education: A Global Perspective, (New Delhi: Daya Books, 2000), p.62.

119

work and human rights needed a professional response. Likeminded

people like Dr. Devasahayam, the present Director of the Institute of

Human Rights Education and Fr. Diamond Raj came together and on

December 10, 1995 People’s Watch – Tamil Nadu came into being.10

Monitoring was the sole project with which the organization came

into existence but then at a point the organization realized that just

generating reports would not serve the purpose and the victims needed

justice. So the organization stepped into the Legal Intervention Program.

At a later stage in 2001, the organization realized that a victim of

human rights violation needs much more than justice and that the main

challenge was to reintegrate the victim back into mainstream society and

to enable him / her to lead a normal life free of trauma. That is why the

need for a Rehabilitation Centre was felt.11

Since 1995, People’s Watch Tamil Nadu has been involved in

various human rights campaigns and is a member of various groups in

their joint effort campaigns. In the year 2002 campaign for the cause of

human rights emerged as an important function of People’s Watch and a

separate Campaign Department was created for this purpose.

The realization of the need for campaigning by People’s Watch is

noteworthy. The monitoring and legal intervention units were working

10 The Hindu, (Madurai Ed.), 11 December, 1995; See also The New Indian

Express, (Madurai Ed.), 11 December, 1995. 11 Quoted in In Motion (Magazine), 4 April, 2004.

120

together and providing legal assistance to the victims who were affected

by the Special Task Force’s operations to nab the sandalwood smuggler

Veerappan. At this juncture the organization realized the importance of

Campaign for speedy action and for immediate attention from the

Government and the Public. Later the Monitoring unit has been taking

up cases of police atrocities; untouchablity, caste clashes etc. and these

issues were taken forward in the form of campaign which People’s Watch

gave importance to the joint effort with other Organizations. When the

Campaign became a separate unit of People’s Watch, Amnesty

International organized a seminar on “Torture”. People’s Watch –Tamil

Nadu did not want the seminar just to be a discussion but wanted to take

‘Torture’ as a Campaign with joint the effort of various democratic

forces, state, district and local level at Tamil Nadu. Since 2005 the

Campaign against torture has been taking all efforts to make it a national

campaign.

People’s Watch – Tamil Nadu held one training programme in

1996, where some of the participants were teachers and headmistresses

who expressed their desire to contribute to the growth and development

of Human Rights Education (HRE).12

Immediately after the program, four teachers and a few

representatives of People’s Watch got together for a preliminary

discussion, which led to planning to identify schools willing to

participate. The introduction of Human Rights Education in the schools

of Tamil Nadu is the result of a deep reflection that the value of rights can

12 File. No: 4 Institute of Human Rights Education Unit, People’s Watch, (Madurai, 1997).

121

be firmly established only when it is inculcated into the tender minds of

children - this value as a social virtue; as a value to be safeguarded and

protected; as something stable and indestructible.

People’s Watch started a Documentation Center in 1995. Its main

objective is to build a collection of Human Rights documents for the use

of all Human Rights activists. The Publications is another area aimed at

popularizing human rights and working for its promotion.

Location of People’s Watch – Tamil Nadu

People’s Watch has been located at No.6, Vallabai Road,

Chokkikulam, Madurai – 625 002. Tamil Nadu.

Aims and Objectives of People’s Watch13

Vision

To create a society free from human rights violations and

discrimination.

To cultivate human rights culture through the participation of a

pluralistic society.

Mission

This vision translates into a two-fold mission. 1. To hold the state

accountable to its citizens for chronic abuses of their rights by its

instrumentalities 2. To advance a human rights culture disposed to

safeguard both the welfare and the freedom of all. Programmatically, this

13 A Short description of People’s Watch-Tamil Nadu, a proposal submitted to

Vigil India Movement, (Madurai: People’s Watch Publication, 2004), p.1.

122

requires: (a) Ensuring the transparency and accountability of the state, its

institutions, and its representatives, (b) Promoting Human Rights

Campaigns, (c) Enabling civil society interventions, (d) Advocacy and

lobbying in the field of Human Rights, (e) Documenting human rights

related information, (f) Gender sensitization toward gender equality, (g)

Protecting the rights of the marginalized peoples, (h) Empowering the

people by imparting knowledge and skills on human rights education, ( I )

Advancing the livelihood rights of people.

Administrative structure of People’s Watch

Programme Advisory Board

People’s Watch is a wide-ranging organization; Human Rights

Activists are occupying the central position in People’s Watch. Its activists

come from various fields such as civil, political, economic, cultural and

social verve.14

As core group they have the power to take decisions, plan and

execute the programmes and activities of this organization. The

Programme Advisory Board is the top level policy making and executive

body of this organization.15

The Programme Advisory Board consists of the Head of the

Organization like Mr. Henri Tiphagne – Executive Director, Member of

the National Core Group on NGOs of National Human Rights

14 People’s Watch, Human Rights Protection and Promotion, (Madurai: People’s

Watch Publication, 1998), p.2.

15 File No: 1 of 1996, People’s Watch, Madurai.

123

Commission and the members are Ms. Maja Daruwala, Chairperson,

Executive Director of Commonwealth Human Rights initiative, New

Delhi, Mohini Giri, Former Chairperson of National Commission for

Women, Mr. R.V.Pillai, Former Secretary – General of NHRC and

Consultant – Asia Pacific Forum for National Human Rights Institutions,

Sydney, Mr. D.Gnanaprakasam, Amnesty International, Hong Kong, Fr.

Aloysis Irudayam, Program Director of IDEAS, Madurai, Fr. Manual

Alphonse, Co-Convener, Tamil Nadu People’s Forum for Social

Development, Chennai. The Board of Trustees is: Safra Begum,

Chairperson, Xavier Arockiasamy is the Executive Trustee, and Trustees

include I. Devasahayam, Christudas Gandhi, I.A.S., and John Peter,

Financial Trustee. Most of the programmes and activities of this body are

aimed at imparting skills, values, ideas and perspectives to Human Rights

Actions.

124

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Legal Compliance

People’s Watch is a program unit of CPSC (Centre for Promotion

of Social Concerns), has got legal registration at all government levels as

follows:16

Date

Act

Nature

Registration Number

17th Nov 1981

Indian Trust Act 1882

Registered as a Trust

506 / 1981

18th Feb 1983

Income Tax Act 1961

12 (A) Registration

61 / 1983

7th May 1983

Income Tax Act

1961

TAN(Tax deduction Account Number)

Registration

MRIC00244G

29th Aug 1985

Foreign Contribution

Regulation Act 1976

FCRA Registration

075940138

22nd Aug 2000

u/s139A(5) and u/s272A(d) of

Income Tax Act 1961

PAN – Permanent Account Number

Registration

AAATC 2346P

25th Feb 2002

Foreign Contribution

Regulation Act 1976

FCRA Registration (change of Address)

075940138

23rd Jan 2006

Employers provident fund

and miscellaneous provisions Act

1952

Registration

with PF Department

TN/MD/ M-4/

57589

29th March 2006

u/s 80G(5)(vi) of Income Tax Act

1961

Registration for 80G Exemption

C.NO 1612/71/ 82-83

16 Finance Manual of People’s Watch, Madurai, 2006 – 2007.

126

Units of People’s Watch

The Human Rights Monitoring Unit of People’s Watch monitors

the issues of Human Rights Violations in Tamil Nadu from the beginning

to till date.

Human Rights Intervention Unit is another wing of People’s

Watch. The intervention work of the People’s Watch made many victims

to recognize its credibility and reliability and muster courage, strength to

speak and face the consequences.17

The main aim of Rehabilitation Centre for Torture Victim Unit is

to provide medical, educational and economic assistance to the victims

and to integrate the victim in to the mainstream of the society.18

The United Nations Organization declared 1994 – 2005 as the

Decade for Human Rights Education. People’s Watch also took a decision

to introduce Human Rights Education directly in schools through its

Institute of Human Rights Education (IHRE) Unit.

The objective of promoting human rights culture is achieved

mainly through human rights education activities and awareness programs

of People’s Watch. The Institute of Human Rights Education has

introduced “National program for Human Rights Education in Schools”

in the following 10 states namely, Gujarat, West Bengal, Orissa,

17 Interview with John Vincent, State Law Officer, Intervention Unit of People’s

Watch, Madurai, dated 2 April, 2007 18 People’s Watch, Half Yearly Staff Review and Planning Meeting (Reap)

Material, (Madurai: People’s Watch Publication, 2006), p.4.

127

Chattisgarh, Kerala, Bihar, Rajasthan, Karnataka, Andhra Pradesh and

Tripura apart from Tamil Nadu.19

The National Program on Preventing Torture in India (NPPTI

Unit) is a unique project intended to demonstrate and combat the

widespread use of torture in India, with a deliberate focus on torture

practices routinely employed by police. This project covers the following

10 States in India: Tamil Nadu, Kerala, Karnataka, Andhra Pradesh,

Rajasthan, Madhya Pradesh, Orissa, Uttar Pradesh, West Bengal, and

Bihar.20

The documentation is the nerve center of activities of the program

of People’s Watch.21 The Documentation Unit of People’s Watch is a

resource platform catering to the needs of a number of likeminded

organizations, individuals, scholars and researchers working on human

rights and related issues.

The Publication Unit aimed at popularizing Human Rights and its

promotion, the publications of People’s Watch promoting Human Rights

awareness among students and civil societies.22

To stimulate public interest, awareness and outrage around human

rights issues, People’s Watch launched an intensive, targeted media

19 Annual Report, People’s Watch, 2005 – 2006

20 File. No: 15, Preventing Torture Project Unit.,People’sWatch, (Madurai, 2007).

21 Pamphlet, Activities of Documentation Centre, People’s Watch, Madurai.

22 People’s Watch, Review and Planning Meeting (Reap) Material, op.cit., p.20.

128

campaign under Media Unit. The Tsunami Legal Action Committee of

People’s Watch conducted Workshops for the benefit of the tsunami

affected people in many areas of Tamil Nadu.23

The Helpline Unit of People’s Watch available at any time, day and

night. People are encouraged to call or to come in person to the office and

convey their grievances to the dedicated team. The aim of the Helpline is

to give immediate assistance to affected persons, regardless of what they

have suffered.

The Campaign and Networking Unit of People’s Watch plays a

major role in mobilizing people, arrange programmes, seminars, camps

and conduct Yatras rallies etc. interacts with other NGOs, Human Rights

based groups and professionals, victims, general public and media.24

Donors

Originally working solely in Tamil Nadu, People's Watch has

recently moved into working at the national level with funding provided

by the European Union (EU) and other international donor agencies for

the National Project on the Prevention of Torture in India and National

Programme of Human Rights Education for Organization’s relief and

legal action of Tsunami work and monitoring, intervention, rehabilitation

works etc in the field of human rights. 25

23 Annual Report, People’s Watch, 2005 – 2006.

24 Pamphlet, Human Rights Campaign and Networking, People’s Watch, Madurai. 25 Interview with Henri Tiphagne, Executive Director, People’s Watch, Madurai, dated 14 September, 2010.

129

Name of the Donor Program

1. Cordaid, Netherlands - Human Rights Monitoring, Intervention, Campaign Rehabilitation of torture victims, Documentation, Citizens for Human Rights Movement, etc. 2. Banyan Tree Foundation, USA CCFD26, France - National Program of Human Rights DCA27, Denmark Education in schools. 3. Association Pere Cyrac, France - Education for Victims EDM28, Belgium Children and summer camp 4. FGHR29, USA - State level campaign on combating Torture in Tamil Nadu. 5. European Union - National Program on Prevention of Torture. 6. Ford Foundation, USA - Human Rights Training for Lawyers. 7. FNST30, Germany - Human Rights Training program For medical professionals, media Persons, politicians etc.

26 CCFD - Comite Catholique contre la Faim et pour le Development.

27 DCA - Dan church Aid 28 EDM - Enfants Du Monde 29 FGHR - Fund for Global Human Rights 30 FNST - Friedrich Naumann Stiftung

130

8. Cordaid, DCA, Denmark AJWS31 – USA, FFIA32 – Sweden - Tsunami Relief. EDM – Belgium, Global fund For women – USA. 9. Plan International, New Delhi.- Tsunami Legal Action Committee for Nagapattinam Zone. 10. Action Aid, New Delhi - Tsunami Legal Action Committee or Kanyakumari Zone. 11. Christian Aid, UK - Tsunami Legal Action Committee for Cuddalore Zone. 12. Cordaid - State Level Intervention Tsunami Legal Action Committee.

Building on a mandate to monitor Human Rights violations, the

growth and development of a broad range of individuals, People's Watch

initiated and is, committed to, spreading the knowledge and skills in

Human Rights work.

31 AJWS - American Jewish World Service 32 FFIA – Famlie Foreingen for International Adoption

CChhaapptteerr –– VV

131

CHAPTER V

PROGRAMMES AND ACTIVITIES OF PEOPLE’S WATCH

People’s Watch – Tamil Nadu works with two major objectives

emanating from the principles of Human Rights. The first is to make the

state accountable for the violation of Human Rights and the second, to

spread a Human Rights culture. The programs undertaken by the

organization are directly linked to the objectives. The efforts in

restoration of human rights are done through effective fact – findings

followed with legal interventions. This aspect of monitoring and

restoration of rights becomes a key area of intervention. The second

objective of spreading a human rights culture is achieved mainly through

human rights education and training activities. Efforts are made to reach

out to as many segments of the civil society as possible.

These objectives of the organization are being met through the

interventions in the realms of human rights restoration, human rights

promotion, protection and monitoring. These strategies developed by the

organization for the realization of the objectives are centered on

developing effective human rights education programs, monitoring

mechanisms and utilization of the various mechanisms available in the

legal framework and international treaties and charters.

1. Human Rights Monitoring

People’s Watch did a pioneering work in the field of human rights

monitoring in Tamil Nadu. Human rights monitoring has been the very

132

basis of all kinds of human rights work that People’s Watch has been

doing today.

The monitoring unit works at the state level to observe the

violations of human rights. Monitoring is primarily done through fact

findings, gathering information regarding cases of human rights violations

through primary sources, most important of all, the victims themselves

and reaching out directly to the organization and through secondary

sources.1

Human Rights monitoring associates of People’s Watch, field

investigating associates trained by People’s Watch, fact finding missions

with teams of experts and fact findings with the persons of visibility are

involved in the work of Human Rights monitoring.

The monitoring areas of People’s Watch are divided into zones like

Chennai zone, Madurai zone, Kovai zone and Trichy zone under

monitoring officers. The monitoring unit consists of State Level

Coordinator, four zonal level State Monitoring Officer (SMO) and

thirteen Regional Monitoring Associates.2

1 Interview with Palaniammal, State Monitoring Officer of People’s Watch,

Madurai, dated 4 November, 2006. 2 File No.3 of 2006, Monitoring Unit, People’s Watch, Madurai.

133

Chart 2 - Monitoring Unit Structure

The Regional Monitoring Associates (RMA) monitors human

rights violations through Newspapers and News bulletins on radio and

television. They contact various Non Governmental Organizations and

associations and they study the violations committed against the rights of

the people.

134

Chart 3

Fact Finding Process

The Regional Monitoring Associates of People’s Watch are staying

in different places in Tamil Nadu and monitor human rights violations.

Because of this, fact-findings are carried out immediately and victims are

1. Direct Message through Helpline 2. Information from RMAs (field)

STATE MONITORING UNIT [Selection of cases for Fact Finding forwarding to the concerned RMA]

REGIONAL MONITORING ASSOCIATES (RMAs)

1. Fact Finding. 2. Preliminary Intervention.

SMO and RMA Finalization of the Fact Finding

Report

Initiating joint action through Campaign

Transfer of case file to Intervention unit for Legal

Referring to RCTV for Relief and

SOURCES OF INFORMATION 1. Print and Electronic Media 2. Direct information from the

Victims 3. Telephone Message 4. Fax, E – mail 5. Movements, Political parties

and others.

135

provided protection without delay. The fact-finding reports form the

basis for further action that facilitates the victims to enjoy due remedy

and justice.

Table No. 1

b. Fact Findings Undertaken by People’s Watch in Tamil Nadu3

People’s Watch – Monitoring Unit 1996 - 2008

Forms of Violations

No. of fact findings Done

Violence against Women 1871 Child/Bonded Labour 141 Illegal detention and torture and police excess

753

Custodial death 46 Encounter death 23 Violence against dalits 598 Corporal punishment 275 Caste clashes 234 Hospital violence 151 Kattapanchayat/Social constraints 370 Bribery 138 Environment /Election 178 Miscellaneous 789

In the background of these fact finding missions, the organization

carries out its intervention activities, after that the affected victims are

referred for rehabilitation. Fact finding is undertaken for the purpose of

mounting campaigns and publicity to create awareness among the public

and to mobilize them to put pressure on the authorities not only to stop

violations but also to prevent further violations. If it is noted that the

government does not interfere in victim rehabilitation it is used to be

3 ‘Fact Finding Cases Report Register’ – Monitoring Unit, People’s Watch,

Madurai.

136

forward to campaigning and joint action. Campaigns and publicity may

focus on specific victim(s) to help them obtain justice as well as immediate

relief.

2. Human Rights Intervention

Legal intervention has been the next logical step to monitoring. As

monitoring alone cannot render justice or give answer to human rights

violations, People’s Watch makes intervention an issue takes it up in the

various forms of legal justice. These interventions are in the courts and

commissions within the state of Tamil Nadu and at the national level.

Interventions are also made at the international level by seeking support

and solidarity of different human rights organizations and the human

rights instruments and mechanisms of the United Nations are

appropriately used to highlight issues.4

Chart 4 - Intervention Unit Structure

4 File No.10 of 2007, Intervention Unit, People’s Watch, Madurai.

137

The intervention unit consists of one Program Coordinator, two

State Law Officers, two Head quarters Lawyers, Two Legal Assistants and

twelve Regional Law Officers. The program coordinator leads the work

and maintains contacts at the national and international level, and works

as a liaison officer between the national and international human rights

unit and People’s watch.5 Follow up by human rights intervention

activities, People’s watch send complaints to concerned National/State

human rights commissions and other international organizations,

regarding incidents on which fact-findings were carried out, and it seeks

justice for victims through intervention and follow up of complaints in

courts, human rights institutions and United Nations mechanisms.

Table No. 2

Complaints sent to redress Mechanisms6

Complaints sent to National and State commissions, International and National

organizations, State and Courts

Number of cases in which complaints

sent National Human Rights Commission 472 National Commission for Women 190 National Scheduled Castes Commission 230 National Minority Commission 35 State Human Rights Commission 487 State Commission for Women 185 State Minority Commission 21 Director of National Scheduled Castes Commission, Tamil Nadu

217

Lower Criminal Courts 189

5 Interview with Angayarkanni, Senior Legal Assistant – Intervention Unit of

People’s Watch, Madurai, dated 2 April, 2007. 6 Periodical Evaluation Report of Intervention Unit, People’s Watch, Madurai,

2008.

People’s Watch – Intervention Unit Statistics from 1998 - 2008

138

High Court, Chennai 46 Supreme Court of India 15 RDO (Regional Development Officer) enquiry

61

Government Authorities (State & District level) 2455 United Nations Special Rapporteurs on Torture, Violence against women & Racial Discrimination

152

Amnesty International 36 Asian Human Rights Commission 45 Human Rights Watch 23 Forum Asia 05 Commonwealth Human Rights Initiative, India 03 OMCT (World Organization against Torture) 44

b. Some Highlights of Cases of People’s watch intervention unit are

follows:

Case of Mahesh Vincent, Kanyakumari District

Mahesh Vincent of Kanyakumari District went to Maldives to

work as an accountant in a leather goods showroom and was languishing

in jail for more than 3 years in Maldives having been falsely accused and

subjected to torture. Because of People’s Watch timely and effective

intervention and special efforts taken by sending complaints to National

Human Rights Commission, the secretary of the Ministry of External

Affairs, Government of India and urgent appeal to Asian Human Rights

Commission and communications to various human rights groups at the

international level, the victim has been released from the jail in Maldives

and back home in June, 2006.7

7 Annual Report, People’s Watch, 2005 – 2006.

139

Case of Rita Mary, Chennai District

Rita Marry a 19 year old unmarried girl who has alleged to have

been forced into prostitution and false case was registered by the

Tindivanam Police. Rita Marry was arrested by Tindivanam Police under

U/s 8 (b) of PIT Act and remanded to the sub jail, Chenji. There she was

alleged to have been raped by jail officials in a gang. Because of People’s

Watch effective intervention and special efforts taken in assisting

the prosecution by it’s intervention unit’s Regional Law Officer, Mr.

Lourdhu Xavier of Cuddalore and Villupuram district in sessions case no:

126/2002 and 127/2002 on the file of Fast Track Court No.2,

Tindivanam, the accused / perpetrators were convicted and sentenced to

undergo imprisonment for 10 years and levied a fine of Rs.10,000/- each

as per the judgment dated 21.06.2006.8

Case of Kandadevi Temple ‘Car Festival’, Sivagangai District

People’s Watch has filed a writ (W.P.No: 5367/2006) in the

Madurai Bench of Madras High Court to order constitution of ‘Observer

Committee’ to monitor the event of car pulling during the course of car

festival of Kandadevi Temple. Though the High Court had declined to

order the constitution of the observer committee in their order dated

05.07.06 they have reiterated the earlier orders of the High Court passed

by them with regard to the equal participation of all community people

in the car pulling event during the festival and directed the District

Administration Authority, the District Collector of Sivagangai District to

scrupulously adhere to the directions of the High Court in letter and

spirit in conducting the festival and submit a report to them to that effect.

8 Dinathanthi, (Tamil Daily), 22 June, 2006.

140

Case of Sadasivam, Dindugal District

In 1998, People’s Watch intervened and investigate the alleged

police assault in Gundapatti village in Dindugal district. It was the first

intervention case of People’s Watch with Sadasivam of Gundapatti village.

Because of People’s Watch effort, Sadasivam’s family receives

compensation of two lakhs from the Government.9

Case of Angammal, Madurai District

Guruviah, who lived at Krishnapuram in Usilampatti in the district

of Madurai, had a wife by name Angammal. He was arrested in 1998 by

the police on the basis of false information. Guruviah and his wife

Angammal was taken to the police station and tortured. Guruviah died

out of such torture, his wife was also tortured. People’s Watch

interviewed Angammal, filed a case and recommended to the

Government the payment of rupees three lakhs as compensation. Due to

People’s Watch intervention the Government was made to pay rupees

three lakhs. After the intervention case of Angammal, People’s Watch

realized the need for a Rehabilitation centre.10

Case of Auction of Tsunami Relief Materials, Nagapattinam District

After the Tsunami disaster in 2004, there was a flurry of relief

materials flowing from the state as well as numerous Non-governmental

organizations. In Nagapattinam, the district administration announced,

the undistributed relief materials to be auctioned. But the timely

9 Interview with Angayarkanni, Senior Legal Assistant – Intervention unit of

People’s Watch, Madurai , dated 2 April, 2007. 10 People’s Watch, Tamilagathil Manitha Urimaigal, 1998 – 2000, (Tamil),

(Madurai: People’s Watch Publication, 2001), p.3.

141

intervention of People’s Watch the auction was stopped. The relief

materials were distributed to the Tsunami affected people properly.11

Case of Illegal Sand Mining at Vaippar River, Tuticurin District

In the case of illegal sand mining at Vaippar River, People’s Watch

filing a writ before Madurai Bench of Madras High Court appointing on

expert committee to inspect the quarrying site and to make a report with

regard to the depleting of ground water level (W.P No’s 9042/2006 and

609/2007). The district administration takes action to stop the illegal sand

mining.12

Case of Bomb Balaji, Thanjavur District

Making use of the visit of Justice Shivaraj Patil, Chairperson of the

National Human Rights Commission on 07.03.2008, People’s Watch had

prepared a complaint in the case of Bomb Balaji of Tanjore (Attempt of

Encounter and Torture of his parents) and presented it before the

Chairperson. As a result of which, the perpetrator/inspector was

immediately transferred and departmental action has been initiated.13

Case of Special Task Force Affected Victims

The monitoring and legal intervention units of People’s Watch

were working together and providing legal assistance to the victims those

who were affected by the Special Task Force which was committed in

order to nab the sandalwood smuggler Veerappan. People’s Watch

involved in the Special Task Force torture victim’s case collaborates with

11 Dinathanthi, (Tamil), 28 August, 2005. 12 Dinamalar, (Tamil), 28 July, 2006. 13 http://nhrc.nic.in/dispArchive.asp?fno=1537

142

many forums. Due to People’s Watch’s continuous effort based on the

National Human Rights Commission recommendation, both Tamil Nadu

and Karnataka Governments announced 2.8 Crores compensation to the

89 Special Task Force affected victims in January 2007.Through the

intervention work of People’s Watch, the victims were strengthened and

were bold enough to address their human rights violations and secured

legal support and avoided further loss of life and property.14

3. Rehabilitation Centre for Torture Victims (RCTV)

Rehabilitation is not a charitable work. It is right based. Holding

hands and accompanying of the victims until they restore their normalcy

has been the single point agenda of People’s Watch in establishing

rehabilitation homes for the victims on 26th June 2001, on the United

Nations international day in support of Torture victims. As per the

strategic plan, two rehabilitation centers to be established in Madurai and

Mettur, each able to serve victims from several surrounding districts.

The victims need multi-dimensional support in sustaining their

physical and as well as mental strength both as an individual and as a

family in their pursuit of attaining justice. Services ranging from shelter,

food, counseling, medical and mental health assistance are some of the

services offered by Rehabilitation Centre for Torture Victims (RCTV).

The RCTV has one Director, one senior program coordinator and one

junior counselor. It helps the victims to realize their rights.15

14 Annual Report 2005-2006, Peoples Watch P.12 15 Interview with Najeema Beevi, Senior Program Coordinator of Rehabilitation

Centre for Torture Victims, People’s Watch, Madurai ,dated 20 May, 2007.

143

a. Objectives

The objectives of the Rehabilitation Centre for Torture Victims

(RCTV) of People’s Watch are as follows:

To provide medical, psychosocial assistance / treatment to victims.

To provide security and temporary shelter to victims of torture

who are at risk of further abuses.

To promote socio-economic rehabilitation for victims and their

family members.

To provide educational assistance for victims’ children.

To encourage networking with various like-minded

organizations/movements.

b. Activities

Rehabilitation Centre for Torture Victims was moved to an

independent building in Madurai 2001 with more space for victims

needing shelter, with physiotherapy equipments managed by a Nurse –

cum – Matron, a physiotherapist, a counselor and a part – time social

worker.

RCTV has started functioning in Mettur 2001 to cater to the

persons affected by the torture meted out by the Special Task Force

constituted to nab Veerappan. The RCTV Mettur provides legal

assistance, medical care and socio-economic assistance to the victims.

Medical treatment is provided through mobile clinics in the tribal areas

once a week.

144

I. Temporary Shelter and Protection for Victims / Witnesses

Temporary shelter is provided for the victims or witnesses in cases

of human rights violations. Victims of all forms of torture are provided

shelter. So far, temporary shelter was provided to 610 persons at RCTV.16

Victims and witnesses are provided only temporary shelter /

protection until the time that they can reintegrate themselves into

mainstream society or the case related danger is no longer present, as the

case may be.

People’s Watch has contacts with Social Welfare Department,

homes for women in distress, and child line who too refer persons to this

shelter. During their stay period, all necessary assistance is provided.

They are also provided an environment where they are also able to

ventilate their feelings and are able to take an appropriate decision in

regarding their problem.

16 Register No.7 of 2008, Temporary Shelter Register of Rehabilitation Centre for

Torture Victims, People’s Watch, Madurai.

145

Chart 5 – Structure of RCTV Unit

II. Medical Assistance

Medical Assistance is provided for the victims. The victims are

taken to concerned specialists for conducting necessary tests. The

medicines prescribed by the doctors are also provided for the victims free

of cost.

Rehabilitation Centers for Torture Victims

Director

Senior Program Coordinator

RCTV at Madurai

RCTV at Mettur

Coordinator Senior Rehabilitation Physiotherapist Doctor

Junior Counselor

Nurse Community Organizer

146

So far, medical assistance was given to 420 persons at the Madurai

RCTV and to 1,212 persons at the Mettur branch.17 The Centre in

Madurai employs the services of a Physiotherapist who treats victims of

torture who have sustained injuries.

The Centre in Mettur arranges weekly mobile clinics to the villages

in the regions where people affected by the Special Task force –

perpetrated atrocities reside. A team constituting of a Doctor, Nurse and

Community Organizers visit the villages every Thursday in a vehicle and

provide medical services to victims. General Public of the areas also

benefit from these mobile clinics.

III. Educational Assistance

People’s Watch provides educational assistance to children who are

the victims of human rights violations and those who have lost either or

one of their parents. They are chosen and referred to schools. Children

who have experienced various forms of torture become emotional and

mentally distressed and their troubles are compounded by the loss of the

main breadwinner of the family. Due to the above said reasons many

children are neither able to pursue their studies nor go to school.

Such children not only lose their right to education but also their

childhood. At 5 years of age many such children of torture survivors have

been educated and their talents have been honed, which has earned the

praise of many in the society. On 2008, 248 students are getting

17 Register No.4 of 2008, Medical Assistance Register of Rehabilitation Centre

for Torture Victims, People’s Watch, Madurai.

147

educational support. 146 of them are male and 102 are female. 225 of them

are school children and 23 are college students. The beneficiaries of

educational assistance program come from Madurai, Tirunelveli, Ramnad,

Trichy, Tanjore, Tutiorin, Chennai, Salem, Mettur and Villupuram

districts of Tamil Nadu.18

IV. Economic Development Program

An Economic Development Program was initiated by the Centre

for the victims of the Special Task Force in the Mettur region. Victims are

enabled to start a sustainable livelihood by provision of fishing nets,

doormat weaving looms, cows, goats, economic assistance for petty shop

etc. The RCTV arranged meetings for victims in their respective villages

every Saturday and they are given counseling and free legal advice.

V. Summer Camp

The RCTV has been conducting Summer Camps for children of

victims of human rights violations every year since 2002 in the month of

May. Through these camps the children are given exposure to the pleasant

part of life to regain their lost childhood, and provide them an

opportunity and a place where they can move freely and get relieved from

their traumatic experiences. In these camps, the children have sessions on

computers, Yoga, games, trekking, art, craft, painting, environment

science, folk dances and songs, rural sport, naturopathy etc. Thus the

RCTV is ultimately expected to serve the needs of the victims.

18 Register No.1 of 2008, Education Admission Register of Rehabilitation Centre

for Torture Victims, People’s Watch, Madurai.

148

4. Institute of Human Rights Education (IHRE) – People’s Watch

The World Conference on Human Rights considers human rights

education essential for the promotion and achievement of stable and

harmonious relations among communities and for fostering mutual

understanding, tolerance and peace. The objective of creating the next

generation of human rights practitioners has been progressively moving

towards fulfillment mainly through human rights education activities and

awareness programs.

People’s Watch is engaged in a series of human rights training

activities. It held one training activity in 1996, where some of the

participants were teachers and headmistresses who expressed their desire

to contribute to the growth and development of human rights education.

Immediately after the program, four teachers and a few representatives of

People’s Watch got together for a preliminary discussion, which led to

planning to identify schools willing to participate.

The introduction of Human Rights Education in Tamil Nadu

schools is the result of a deep reflection that the value of rights can be

firmly established only when we instill into the tender minds of children

this value as a social virtue, as a value to be safeguarded and protected as

something stable and indestructible.

The United Nations Decade of Human Rights Education 1995 –

2004 was an opportunity for concerted and collective action to promote

the concept of human rights through education interventions. People’s

149

Watch grabbed this opportunity to push the agenda of human rights

education in educational institutions especially in schools.19

a. Human Rights Education: Phase – I (1997-1998)

As the first step only nine private schools in Chennai were selected

on an experimental basis. Human rights general education was imparted

for three days and text book training program was conducted for two

days. The Text book available in south Asian Human Rights

Documentation center, Delhi which was written by Miss. Ava Lee of

Hong Kong, in English, was translated into Tamil and introduced in

schools. In this first attempt which included only ninth standard girls,

1756 girls and 90 teachers are participated.

b. Human Rights Education: Phase – II (1998-2000)

In this phase, this program covers 122 schools in 10 districts of

Tamil Nadu. In Chennai only girl students are participated. Now it is

given to both sexes and it includes not only aided schools but also

government and municipal schools also. In Chennai it was introduced as

an experiment only for one year. Now it is extended for two years that is

for 8th and 9th standards.

c. Human Rights Education: Phase – III (1999-2002)

The third phase was made as a three year plan introduced in schools

falling under management of Tamil Nadu Catholic Religious India

(TNCRI) and other types of aided and un-aided schools. It was introduced

19 Interview with Bernat, State Coordinator (Tamil Nadu) of Institute of Human

Rights Education, People’s Watch, Madurai, dated 22 May, 2007.

150

for the students of 7th, 8th and 9th standards in 29 districts and all its

expenses were met by the Catholic institutions.

d. Human Rights Education: Phase – IV (2002 - 2005)

In 2002, the Government of Tamil Nadu granted permission to

People’s Watch to introduce Human Rights Education in Adi Dravida

welfare schools.20 The fourth phase was the initiation of a human rights

education program in 29 districts in the 258 Adi Dravida Welfare &

Government Tribal Residential schools runs by the Department of Adi

Dravida Welfare of the Government of Tamil Nadu. It envisaged it as a

program for 3 years commencing from 6th standard proceeding up to the

8th standard.

This phase also initiated human rights education program in the

RC Diocesan schools run by the Roman Catholic Dioceses of Trichy,

Madurai, and Palayamkottai. This phase is for 3 years, commencing from

6th, 7th, and 8th standard. About 134 schools, 14,330 students and 251

teachers are participated.

Again this phase initiated human rights education program in the

CSI Diocesan schools run by the Dioceses of Thanjavur, Ramnad and

Tirunelveli. About 155 schools, 12,650 students and 333 teachers are

participated in this program in 15 districts. This phase is also meant for 3

years from 2002 – 2005.

20 G.O. No: 3 / 12874 / 99, Adi Dravida and Tribal Welfare Department

Secretariat, dated 2 January 2002.

151

e. Human Rights Education: Phase – V (2005 - 2008)

In this phase (2005 – 2008) Human Right education was imparted in

1719 schools covering 1,12,057 students .The pilot program on Human

Right education in schools held in Chennai in the year 1997 paved the

way for the expansion of this program in a variety of schools in Tamil

Nadu with different backgrounds. In the past ten years, about 2,21,717

children from 2635 schools have been reached and about 4077 teachers

have been trained for this purpose.

The Institute of Human Right education of People’s Watch not

only introduced Human Right education but also publishes Human Right

books and frames syllabus and modules. These modules were initially

written in Tamil, and are now translated into English and other Indian

languages to enable the expansion of this program to the other states. The

writing of each language module is entrusted to a group of educational,

human rights and language experts of the state.

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Table No. 3 – Human Rights Education in Tamil Nadu Schools (1997-2008)21

21 Urimai Malar (Tamil) Published by Institute of Human Rights Education of

People’s Watch, (Madurai, 2008), p.45.

Phase Period

Dist- Ricts

School

No. of Schools

Class

Student Teac-hers

1

1997-1998

1

Chennai based Private schools

9

9 1756 90

2 1998-2000

10

Municipal,corporateschools

122

8, 9 21,320

315

3 1999-2002

29

TNCRI Schools 238 7, 8, 9

33,785 730

4

2002-2005

29

Tamilnadu Adi Dravida Welfare & Government Tribal schools

258

6, 7, 8

25,819

492

2002-2005

10 RC Diocesan Schools

134

6, 7, 8

14,330 251

2002-2005

15

CSI Diocesan Schools

155

6, 7, 8

12,650

333

5

2005-2008

30

Tamilnadu Adi Dravida Welfare & Government Tribal schools,Municipal and Private schools

1719

6, 7, 8

1,1,205

1866

Total 2635 2, 21,717 4077

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f. National Programme

The Institute of Human Rights Education of People’s Watch has

introduced “National program for Human Rights Education in Schools”

in the following 10 states namely, Gujarat, West Bengal, Orissa,

Chattisgarh, Kerala, Bihar, Rajasthan, Karnataka, Andhra Pradesh and

Tripura apart from Tamil Nadu starting in the latter half of 2005.

People’s Watch run the national program along with the state partner, as

a collaborative venture.

A state coordinator is appointed as a full time employee and the

key functionary. A state advisory committee, with eminent persons in the

state is also constituted to advise and guide the state program. The

Institute of Human Rights Education has a Program Director, an

Associate Director, State coordinators and six program Assistants.

The state partners, in collaboration with whom the program is

implemented are the following organizations: Loreto school in West

Bengal, PECUC (Peoples Cultural Center) in Orissa, Justice and peace

commission in Andhra Pradesh, SICHREM (South India Cell for Human

Rights Education and Monitoring) in Karnataka and Kerala, Centre for

social justice in Gujarat, Hidayatullah National Law University in

Chattishgarh, Government Law College in Tripura, Sophia College in

Rajasthan and Asian Development Research Institute in Bihar. In addition

to the state partner, People’s Watch seek the support, solidarity,

cooperation and partnership of various organizations / institutions, who

become the implementing partners.

154

In every state, various stages were followed prior to teaching

Human Rights. After the identification of the collaborating partners and

state coordinators, various actions such as State Level Consultation,

Constitution of

Cha

rt- 6

155

State Advisory Committee, State implementing Committee and

State Resource Team, identification of schools, training of the State

Resource Team, Meeting of Heads of Schools, Training of Teachers, State

Launch of Human Rights Education, adaptation / rewriting / translation

and printing of modules, and so on were undertaken. Simultaneously,

efforts were pursued to get the approval of the government for

introducing Human Rights Education in schools.22 While Human Rights

Education is being taught, regular school visits, Teachers review meetings,

summer training for teachers, celebration of important days, interactions

with Head Masters, Teachers and Pupils are carried out to facilitate and

strengthen the process. The task of Human Rights Education has to be

multi disciplinary proactive and effective in empowering human rights.

5. National Project on Preventing Torture in India

People’s Watch, in league with the Friedrich Naumann

Foundation23, began the National Project on Preventing Torture in India

(NPPTI) in January 2006 with a grant from the European Union.24

22 Reference Material on Human Rights Education for Cordaid Assessment,

People’s Watch, Madurai, 2005, p.46. 23 Friedrich Naumann Foundation is a German non – profit institution primarily

engaged in the strengthening of democratic and pluralist development both in the industrialized and the developing world. The Naumann Foundation has its activities spread over in more than 60 countries across the world. It promotes the principle of freedom in human dignity, both in Germany as well as abroad together with its partners – through political education, political advice and political dialogue. It works towards worldwide victory of human and civil rights.

24 European Union (EU) had currently 25 member states. It is based on the European communities and the member states cooperation in the fields of common foreign and security policy and justice and Home affairs. The EU is a major player in International co-operation and development aid. It is also the world’s largest humanitarian aid donor.

156

The primary aim of the action is to initiate and to model a national

campaign for the prevention of torture in India, with a deliberate focus on

torture practices routinely employed by police. This project covers the

following 10 States in India: Tamil Nadu, Kerala, Karnataka, Andhra

Pradesh, Rajasthan, Madhya Pradesh, Orissa, Uttar Pradesh, West Bengal,

and Bihar.

The project focuses especially upon safeguarding groups on the

margins of Indian society, such as Dalits, Tribal groups, Minorities,

Women and Children.

The project consists of two major stages:

1. Formation of Ten State-Wide networks to monitor instances of

torture and to intervene on behalf of victims.

2. A national campaign against torture that uses monitoring data to

develop public awareness, to train professionals, to improve

institutional responses to abuse, and to lobby for India’s ratification

of the United Nations Convention Against Torture (CAT) and

stricter domestic laws in India’s parliament and the individual state

legislative assemblies.

The primary goals of the Project are as follows:

(a) Protecting potential victims of torture, particularly those

belonging to vulnerable and marginalized communities. (b) Highlighting

individual cases of torture as they occur (c) Improving institutional

responses to instances of torture by demanding state accountability (d)

157

Advancing an ethic of responsibility and restraint among law-enforcement

officers (e) Educating and enlisting professional groups such as lawyers,

social activists, doctors, psychiatrists, journalists, and teachers in the

campaign to prevent and to eliminate torture (f) Raising public awareness

of torture as an unlawful and widespread abuse of police powers (g)

Promoting favourable policy outcomes in the form of new domestic anti-

torture Legislation and commitments to existing international treaties.25

The overall goal of the Project is the prevention and reduction of

torture in India, where police abuses remain an entrenched and often

routine law enforcement strategy despite India’s status as the world’s

largest democracy. The Project confronts frequent police practices that

include assault and physical abuse, custodial death, custodial rape, threats

and psychological humiliation, and deprivation of food, water, sleep, and

medical attention.

Table No.4 - Fact findings analysis of People’s Watch26

Fact Findings analysis in Tamil Nadu Types of Torture

Encounter

Custodial Police Torture

Lathi Charge

Police Firing

Police intimidation

Police Violence

4 9 881 23 2 81 43

25 Chitravathai (Tamil), (Madurai: People’s Watch Publication, 2006), p.19. 26 File No.15 of 2008, Preventing Torture Project Unit- Periodical Evolution

Report, People’s Watch, Madurai.

158

In the years 2006 to 2008, the Project has undertaken the following

in the State of Tamil Nadu:

Year Fact Findings Legal Interventions Training Programmes

2006 55 54 25 2007 625 576 19 2008 363 352 20

Friedrich Naumann Foundation (FNF) and People’s Watch-Tamil

Nadu will conduct the National Programme with the following staff: One

National Director supervising the full action at the national level, The

person will be of such stature who can lead the advocacy and lobbying

work to bring about required policy level changes; One National

Program Officer assist the National Director in coordinating,

implementing and monitoring the entire program in ten states who will

have proven coordination capacities at this level; Ten State Directors

supervising the progress of the program at the state level; Ten State Law

Officers in charge of the state for all legal interventions that emanate from

torture monitoring work carried out in this program; Ten Legal

Associates in charge of the state who will help the state law officer in each

state in drafting the communications/complaints; Ten Project

Coordinators to be responsible for the actual implementation of the

program at the state level; Ten program Associates assisting the state

coordinators in the actual implementation of the program at the state

level; and One Regional Director of FNF will be in charge of advising and

supervising the implementation of the project. He along with the

Executive Director of People’s Watch will also ensure that experiences

from the project are communicated to the bigger audience in Europe; and

159

One Program Executive of FNF will be working with People’s Watch to

ensure proper coordination between both the organization and the

European Union.27

The district-by-district torture monitoring will be conducted by a

corps of 100 torture monitors across the ten states, drawn from local

affiliates coordinated by FNF’s partner People’s Watch Tamil Nadu.

Torture monitors will investigate abuses as they occur in real time –

interviewing victims, witnesses, and police, collecting documents, and

mobilizing local media coverage. These fact-finding missions will

subsequently provide the basis for targeted legal interventions, primarily

in support of individuals from marginalized groups, performed by staff

lawyers in each state.28

27 Available at http://europa.eu.int/comm/europeaid/en.htm 28 Interview with Pradeep Solmon Raj, State Program Associate of National

Project on Preventing Torture Unit of People’s Watch, Madurai, dated 17 March 2008.

160

Cha

rt –

7

161

The national awareness campaign coordinated by project staff

employs the raw data generated by these monitoring activities to drive

media coverage, public education and lobbying activities devoted to

bringing greater visibility to the prevalence of torture in India. Reporting

on individual instances of abuse will be matched by activities that aim to

broadly educate public audience as to their rights and the legal resources

available to them. On a policy level, the campaign pushed to increase

these protections. It also include at its core a series of state-level

awareness conferences targeting the various professions implicated in the

elimination of torture: lawyers, social activists, doctors, psychiatrists,

journalists and teachers. Police themselves, as well as members of the

judiciary, are also to be treated as intermediaries, receiving awareness

training that addresses them as constructive partners rather than

adversaries in this project.

6. Human Rights Campaign and Networking

Since 1995, People’s Watch has been involved in various human

rights campaigns and is a member of various groups in their joint effort

campaigns. In the year 2002 campaign emerged in People’s Watch and

started functioning as a separate department.29 The primary objective is to

build people’s movements based on Human rights principles, policies and

guidelines. Its aim is to strengthen the Human Rights Movement that

engages women and men from a broad spectrum of society’s political

parties, movements, castes, religions, trade unions, civil society groups,

Human Rights defenders and others.

29 Interview with Shanmuga Velu, Regional Coordinator of Campaign and

Networking Unit of People’s Watch, Madurai, dated 9 May 2008.

162

The campaign department plays a major role in mobilizing people,

strengthening joint efforts, providing human rights information, court

judgments, and international agreements and bringing about human rights

culture in the society.

It organizes democratic protests and demonstrations to spread

awareness, influence public opinion, inspire others, highlight violations of

human rights and to hold authorities accountable. Debates, discussions

and further public demonstrations build additional support and increase

both the level of commitment and the number of people involved in

creating a culture of human rights. People’s Watch collaborate with

various other organizations, groups, individuals and movements in

Human Rights campaigning and networking.

The Networking unit interacts with general public, victims,

students, media, trade unions, Non-Governmental organizations,

professionals, women groups, and Human Rights based groups. People’s

Watch conducts Nationwide training, equipping Human Rights

Development and anti-torture activists with knowledge and skills to

combat and eliminate torture.

People’s Watch participating in Campaign Against Sex Selective

Abortion (CASSA), Campaign Against Child Labour (CACL), Campaign

Against Child Trafficking (CACT), Campaign for Right to Education for

all children, Campaign Against Corporal Punishment, Campaign Against

Death Penalty, Campaign on Relief and Rehabilitation for the Victims of

163

Joint Special Task Force, Campaign for Coastal Action Network (CAN),

Campaign Against Shrimp Industries (CASI) and Campaign Against

Torture (CAT).

Campaign Against Torture was the important campaign organized

by People’s Watch. People’s Watch arranged for meetings on torture and

a state level seminar on torture in August 2001.30 In 2002, People’s Watch

arranged campaigns and networks in districts, aimed at gathering 30000

people to involve them in such activities. People’s Watch declared, “An –

Anti torture week” during 8 – 26 June, 2003. Cultural yatras were

arranged, it was the first significant yatra in the history of Human Rights

Movement in Tamil Nadu. The yatra was planned to end at in Salem all

the way from Chennai, Nagapattinam and Kanyakumari, covering 300 to

600 Kilometers straight and diagonally.31 The yatra was arranged to

involve people to participate in Human Rights promotion.

People’s Watch utilized the yatra to understand people’s knowledge

of Human Rights violations. It published an article in Tamil entitled, “A

complete view of Torture.” It gave a detailed picture about the

performances by the cultural team and the need for further campaigning

and networking. People’s Watch is participating in state level meetings of

all campaigns and all national campaigns on Human Rights issues.32

30 Manitha Urimai Kangani (Tamil), Aug. 2001. 31 The Hindu, (Madurai Ed.), 27 June, 2003.

32 Campaign and Networking Unit Activities Report: 2008, People’s Watch, Madurai.

164

Public Hearing

People’s Watch organizes public hearing. The main purpose of

public hearing is to disseminate information regarding violations in the

absence of remedial action, by establishing institutions and dispensing

justice and strategy for taking cognizance by officials.

On 15th November 2005, the Campaign Against Torture (CAT), a

campaign promoted by People's Watch in Tamil Nadu in association with

a cross-section of movements, political parties and human rights

defenders, organized a Public Hearing in Chennai on the continuing and

indiscriminate practice of torture by the law enforcement authorities, in

the name of caste by the dominant communities, in the name of gender

by male chauvinists in domestic and public affairs as well as corporal

punishment in the name of chastising children within the class room.33

The jury members were the following: Justice H. Suresh, Retired Judge,

Bombay High Court, Justice M. S. Janarthanam, Retired Judge, Madras

High Court, Mr. V.R. Lakshmi Narayanan, Retired DGP,TN, Ms. Aruna

Roy IAS, Member of the National Advisory Council, Ms. Annie Raja,

General Secretary, National Federation of Indian Women, New Delhi,

Dr. V. Vasanthi Devi, Former Chairperson of the State Commission of

Women, Tamil Nadu, Mr. Karuppan, IAS ( Retired), State Convener for

the National Campaign for Dalit Human Rights. Each one of the jury

members press their observations and the required follow – up action to

be taken up at the national and state level.

33 Annual Report, People’s Watch, 2005– 2006.

165

7. People’s Watch - Helpline

The round the clock helpline service is the specialty of People’s

Watch, since 2003, at its headquarters. Headed by a woman lawyer, it

offers a variety of services including guiding and directing, counseling,

legal advice and assistance to rehabilitation and so on. The instant access

to legal or general advisory support to any sort of human rights issue is

the strength of the initiative.

Victims of following human rights violations approach the Helpline

for immediate legal counsel and assistance:

Dowry Harassment

Domestic Violence

Sexual Harassment

Untouchablity

Caste Clashes

Illegal Arrest / Custody

Violence Against Women and

Corporal Punishment

The victim can submit petition or complaint – in person / by post

/ Phone / E-mail. The complaints will be forwarded to concerned officials

for due actions. Fact findings are undertaken on the complaints and if

need be cases are registered by the organization.34

34 Interview with Kala Newton, Law Officer, Help line Unit of people’s Watch,

Madurai, dated 3 June, 2008.

166

People’s Watch’s Helpline has so far attended 793 cases, out of 793

cases 347 in 2003 and 446 in 2004. The Helpline unit received 1194

petitions from 2005 to 2007, and it attended 1119 petitions.35 The

Helpline provides 24 hours free service to victims of human rights

violations. The aim of the Helpline is to give immediate assistance to

affected persons, regardless of what they have suffered.

8. Tsunami responses of People’s Watch

Tsunami Legal Action Committee

Realizing the need for a right based approach to disasters, a system

of legal intervention has to be established in Tsunami affected areas, the

Tsunami Legal Action Committee (TLAC) was established in March

2005.

The Tsunami Legal Action Committee of People’s Watch

conducted Workshops for the benefit of the tsunami affected people in

many areas of Tamil Nadu.36

TLAC is a collaborative initiative of 3 organizations (i) SOCO

Trust, Madurai, (ii) Human Rights Law Network, Chennai and (iii)

People’s Watch

a. Principles

Emphasis on alternate dispute resolution and avoidance of court-

room litigation

35 Help line Register – 2008, People’s Watch, Madurai.

36 Dinathanthi,(Tamil daily) 21 October, 2006.

167

Emphasis on legal intervention and not aid

Inclusive approach - with a facilitating space for all possible actors

to participate in the development of the model.

b. Objectives

The overall objective of the project is to ensure that the principle of

"Disaster relief and rehabilitation as a matter of right" is put into

practice and gains greater recognition in law and policy.

Grievance redress mechanism is put in place in times of disasters

c. Specific Objective

Building the capacities of the tsunami communities on human

rights and for community members to take up collective action on

Human Right issues.

d. Work Areas

The TLAC working in Tsunami affected areas in Tamil Nadu and

Pondicherry with a coordinating office in Madurai and 4 zonal offices in

Chennai, Cuddalore, Nagapattinam, and Kanniyakumari.

e. Activities of TLAC

Creating awareness about legal aid in the tsunami affected

communities through its legal camps.

168

TLAC in coordination with many NGOs working in the field

organized several legal aid camps for the purpose of collecting

complaints from the affected people.37

Conducted need based research studies on accountability, quality of

relief and rehabilitation efforts, which, along with the experiences

of legal intervention, would form substantial base for developing a

comprehensive right based relief and rehabilitation policy during

disasters in future.

Able to get relief in many complicated issues by sustained

interactions with concerned government departments.

The Number of Legal aid camps and number of complaints received

by TLAC of People’s Watch are given below

Legal Aid Camps – Complaints Received

37 Dinamalar,(Tamil), 19 June, 2005; See also Dinathanthi, (Tamil), 19 June,

2005.

Zone Number of Camps Number of Complaints Chennai 121 41,434

Cuddalore 90 15,044 Nagapattinam 90 25,825 Kanyakumari 78 29,546

Total 379 1,11,849

169

f. Classification of Complaints38

Collection of a large volume of complaints are appropriately

classified and forwarded to Legal services authorities. The complaints are

classified like,

f.1. Relief and compensations

Death

Injuries

Missing persons

Education

f. 2. Fisheries

Damages to boats, Kattumarams, Vallams etc.

Loss of nets, fishing implements etc.

f. 3. Land and agriculture

Crops

Land

Uppalams

f. 4. Missing documents

Educational certificates

Passports, ration card,

Land documents etc

38 Interview with Archana Sarma, Law Researcher of Tsunami Legal Action

Committee, People’s Watch, Madurai, dated 10 October, 2006.

170

f. 5. Bank and insurance

Bank claims

LIC and insurance claims

f .6. Livelihood

Cattle, livestock

Small businesses

Unorganized labour

f .7. Discrimination

Religion

Caste

Gender

Widows / aged

Disabilities

f. 8. Shelter

Damage to house

Household articles

171

Table No. 5

Activities undertaken

Legal intervention

Redress of complaints by TLAC up to November 200639

No. of Complaints

Chennai Cuddalore Nagai KanyaKumari Total %

Relief has been

received from

Govt. or NGOs

32,895 6,252 17,909 8,960 66,015 59

Not genuine

enough to follow up

7,796 6,222 6,348 20,243 40,610 36.3

Current Pending

Complaints

743 2,570 1,568 343 5,224 4.7

Total 41,434 15,044 25,825 29,546 1,11,849 100

Status of Redress of TLAC Currently Pending Complaints as on May 2007

Zone No. ofpending

complaints

No. of complaints redress and

relief received

Remaining complaints

Chennai 743 473 270 Cuddalore 2570 23 2547

Nagapattinam 1568 1099 469 Kanyakumari 343 22 321

Total 5224 1617 3607

39People’s Watch, Annual Report, 2006 – 2007.

172

g. Human Rights Training40

Human rights trainings were conducted by TLAC in the 256

Tsunami affected villages. This training dealt with the following crucial

topics:

Understanding of human rights in the context of disaster relief and

rehabilitation as a basic human right

Developing a human rights perspective by understanding the rights

of marginalized communities.

Understanding rights of coastal communities in the context of

coastal regulatory mechanisms.

Understanding human rights mechanisms

Knowledge of the legal enforcement systems that exist locally

Rights of human rights defenders

Need for collective Action and Skills of monitoring and legal

intervention.

The Right to Information Act (RTI) which is a recent legislation in

India is of prime significance as it gives the people the access to

information. People today have a mechanism which enables them to ask

for information and also monitor the functioning of the State. The

accountability of the State to the people has been established by this

legislation.

In the Tsunami context, most of the communities have no idea of

what the Government has done for them. The status of their complaints

40Tsunami Legal Action Committee Activities Report – 2006, People’s Watch,

Madurai.

173

is not known to them. TLAC carried out a campaign as an effort to make

people aware of this legislation and also to equip common people to use

this legislation to get access to information on the functioning of the State

and also for them to be able to find out the status of their pending

petitions with the Government.

9. People’s Watch Media

Through a variety of efforts aimed at enhancing public interest,

awareness and outrage around human rights issues, People’s Watch has

launched an intensive, targeted media campaign to accelerate an active

publication and documentation component of its work. Its goal is to

ignite public awareness of human rights violations through strategic

communications, publications and documentations.41

Human Rights Reports helps People’s Watch to expose the various

forms of human rights violations, the present human rights realities along

with the unresponsiveness of the Government to the public. Such efforts

occur through various Human Rights Forums, designed to draw the

attention of the public, various Human Rights Mechanisms such as the

various Human Rights Commissions, Political Parties, People’s

Movements, Dalit Movements, the Women’s Movement, the Minorities

Movement, and the mainstream media.

Even though these efforts have had an impact so far through

documentation and publications processes, it will be much more effective

41 People’s Watch - Half yearly staff Review and planning meeting (Reap)

Material, (Madurai: People’s Watch Publication, 2007), p.28.

174

when it goes out through the electronic and mass media so that the

inactiveness of the Government and its instruments can be easily exposed

to the public. Bringing out alternative and electronic media will help us

create solidarity networks in support of the affected people. This media

effort helps in bringing about a social change through Human Rights

Campaign to ensure state accountability and also to spread the human

rights culture. The alternative media serves as records of historical

importance, as evidence and also as documentary support for Human

Rights Campaign.42

a. Objective:

To influence public opinion for advocacy and policy discourse by

using the media

b. Activities43

Sparking media’s interest in generating public outrage by holding

press meetings and generate press releases about widespread

violations of Human Rights.

Making Documentary Films and preparing Short Films

Bringing out Monthly Newsletters

Preparing Articles for the magazine – ‘Manitha Urimai Kangani’

Preparing advertisement for important events of the organization

to be telecast in slots on local televisions

42People’s Watch Newsletter, Madurai: People’s Watch Publication, May, 2008. 43Periodical Evolution Report of Media Unit – 2008, People’s Watch, Madurai.

175

Creating audio / video documentation of abuse, witness testimony

and police interviews and disseminate them to TV, radio and

newspapers.

10. People’s Watch - Documentation Centre

The documentation is the nerve center of activities of the programs

of People’s Watch. Documentation centre as an online research oriented

centre. People’s Watch is engaging in an important programme of digital

documentation of news events and developments as they are appearing in

the print media. The objective at present is to store the news clippings of

importance to the present as well as for the future.

The significance of this ongoing programme lies in the fact that this

facility makes easy the access of information in a ready to use format.

News clippings are documented in 200 different types of categories. The

staff of documentation centre includes Head of the Documentation

Centre, Librarian, Assistant Librarian, Documentation Assistant and part

time Documentation Associates.44

a. Objectives

To document and maintain a record of all violations of Human

Rights in Tamil Nadu and to develop a library to form the basis of

the human rights work of People's Watch.

44 Interview with Mehari Nigar, Librarian, Documentation Centre of People’s

Watch, Madurai, dated 11 June 2008.

176

Use as many avenues as possible to influence public opinion and

spread the human rights awareness message and to promote a

Human Rights culture in society.

b. Activities45

Documentation of Human Rights related news from dailies,

weeklies, monthlies and other news sources.

Monitoring Human Rights violations through sources and news

bulletins on radio and TV.

Providing access to a large range of law books and journals for legal

professionals and scholars.

Helping in the preparation of Human Rights Education Modules &

training materials by providing information through other

resources.

Catalogue and archive a library of human rights documentation,

publications, journals, fact finding reports, clips of news articles,

court judgments, annual reports, commission reports, etc., to be

available to scholars, researchers, NGOs, etc.

To find out the human right violation news through newspaper and

photocopies of the relevant information of human right violation

are passed to the monitoring unit which helps for their fact finding

work immediately.

To work towards the establishment of a publishing house

exclusively committed to human rights literature, documents and

other publications.

45 Periodical Evolution Report– 2008 of Documentation Centre, People’s Watch,

Madurai.

177

Documentation centre had a very gradual growth from 1995. It

now provides a very organized and orderly atmosphere for reading and

has already won the admiration of several academicians and activists for

the fast growth and the relevant materials that is available. More than

7000 books are available in the Documentation Centre and it categorized

in to 42 subjects including the list of CDs, video and audio cassettes on

human rights, files on women, children, dalits, tribals, bonded labour,

minorities, refugees, environment, consumer rights, election,

globalization, police, racial discrimination, torture, international law,

economics, reports of Amnesty international, NHRC and others.

The orderliness in the documentation and cataloging at the

documentation centre has found appreciation by several of the visitors to

the documentation centre. Per day 15 visitors visited documentation

centre which include researchers, college students, professors, advocates,

media persons and NGOs etc, used and were benefited by the

documentation centre.46

11. People’s Watch Publications

Publication has been yet another central function of People’s

Watch aiming at widening the scope of awareness and knowledge building

on human rights among students, research scholars and various civil

society groups. The more people have access to books, journals and other

publications in their own language, the more they will engage themselves

46 Library Visitors Register – 2008, Documentation Centre, People’s Watch,

Madurai.

178

in the defense of human rights. For the first time in the year 1996,

People’s Watch published a book entitled “Human Rights in Tamil Nadu

– A Status Report 1996.” It has developed into an important publishing

house in Tamil Nadu with a monthly magazine and other books on

Human Rights.

Manitha Urimai Kangani (human rights journal in Tamil) is

registered and published monthly, and national and international human

rights laws, declarations, fact finding reports and other articles and

editorials on human rights will be included in its content. Training

materials, school books, annual reports and minutes of important human

rights conventions are made available in Tamil, Hindi, English and other

regional languages, as needed.47

The publication section published Human Rights Education

materials and Resource materials for lawyers and Resource materials for

doctors and Psychiatrists. The publication unit prepares pamphlets and

posters on torture and cruelty, custodial death, child labour, death

penalty, environmental protection and human rights etc, which are used

for campaigning to create awareness among the people. Books on major

issues at the state and the national level and four human rights

intervention series, and fifteen human rights education materials, three

modules and several literary books based on Human rights are

published.48

47 A Short description of People’s Watch-Tamil Nadu, a Proposal Submitted to

Vigil India Movement, (Madurai: People’s Watch Publication, 2004), p.23. 48Pamphlet, Activities of Publication Unit, People’s Watch, Madurai.

179

Manitha Urimai Kangani a monthly human rights magazine in

Tamil published by People’s Watch is subscribed to by various categories

of individuals, schools and colleges, universities, government department

officials, nongovernmental organizations, district collectors, journalists,

doctors, lawyers, and human rights activists.49 The total numbers of

printed copies of Manitha Urimai Kagani are 2500 (Two thousand five

hundred). Readers have said that they have become aware of human rights

violations through Kangani Magazine, and they have expressed interest in

intervening in human rights violations taking place in their locality and

work in alliance with People’s Watch.

49 Interview with Paneer Selvam, Senior Program Secretary, Publication Section

of People’s Watch, Madurai, dated 13 June, 2008.

CChhaapptteerr –– VVII

180

CHAPTER VI

A NEW DIMENSION OF PEOPLE’S WATCH

Today the society is more or less violence striven. Concern with

Human Rights cannot stop with the enunciation alone. There is a need

for more positive and operational steps.1 The task of the protection and

promotion of Human Rights is a complex one and requires the co-

operation of all sections of society, political parties, non-governmental

organizations, lawyers, judges, public servants, teachers, police, media

persons and others.2

People’s Watch’s experience of human rights monitoring, human

rights intervention, and rehabilitation is now taken as a mass movement

(Citizens for Human Rights Movement - CHRM) for the protection and

promotion of human rights started at the grass roots level in 2007. This

mass movement will help to create a human rights culture in Tamil Nadu.

In the same year ‘Strengthened Access to Justice in India’ (SAJI) – this

project started by People’s Watch, the mandate of the project is to prepare

a design to provide easy, cost effective justice to the poor and

marginalized in India. And People’s Watch has a program of monitoring

of National and State Human Rights Commissions, through this People’s

Watch keenly observes the activities of the National and State Human

Rights Commissions. These works of People’s Watch represents a new

dimension in the Human Rights Movement.

1 Jagnnath Mohanaty, Human Rights Education, (New Delhi: Deep and Deep Publications Pvt.Ltd, 2003), p.176.

2 Institute of Human Rights Education, Urimai Malar, (Tamil), (Madurai: People’s Watch, 2008), p.24.

181

I. Strengthened Access to Justice in India (SAJI)

Strengthened Access to Justice in India (SAJI), this project has been

a recent but major breakthrough for People’s Watch. This project started

in 2007. ‘Strengthened Access to Justice in India’ or SAJI, was the first

project in which People’s Watch and the Government of India have both

collaborated.3 This is a national – level Program jointly initiated by the

United Nations Development Program (UNDP) and the Department of

Justice (DOJ) of the Government of India. People’s Watch is the Primary

NGO partner in this program and has a very specific objective of

strengthening access to justice information by creating an interactive

website that provides enhanced access to information about various

formal justice delivery institutions like the Courts, Prisons, Police

institutions, National/State/District/Taluk legal aid services authority,

Bar council and Bar associations, Hospitals, Blood banks, Eye banks,

Rehabilitation homes, Official sites of the States, Nongovernmental

organizations offering human rights services etc.

While preparing the database it was also envisaged that there would

be two phases: the first phase would strive to collect communications and

other relevant information of all the institutions and start constructing

the data base. While in the second phase it will focus on promoting the

data base and facilitating access to it by the general public, particularly

those who are vulnerable and marginalized.4

3 Interview with Catherine Rubina, Law Researcher-Strengthened Access to

Justice in India (SAJI) programme section of People’s Watch, Madurai, dated 14 August, 2008.

4 People’s Watch - Half yearly staff Review and planning meeting (Reap) material, (Madurai: People’s Watch Publication, 2008), p.15.

182

Right to Information is a part of fundamental rights under Article

19(1) of the Constitution. It says that every citizen has freedom of speech

and expression. The Supreme Court of India has held in several cases that

Right to Information is implicit in the constitutionally enshrined

rights. It empowers citizens to secure access of information from public

authorities in order to ensure transparency and accountability in

Government administration. Access to information ensures a

participatory democracy, tackles the malaise of corruption, strengthens

people’s trust in the government, supports equitable, just and people –

centric development.

The Strengthened Access to Justice in India (SAJI) provides an

access to various resources on police reforms, prison reforms, right to

information, women’s rights, children’s rights, human rights, and other

important developments in the justice system.

This is not only to ensure people’s legal empowerment to claim

their right to address grievances, but it also enables various organizations

and individuals to have an easy access to these resources through a single

website in a comprehensive manner.

The Data processing and uploading completed for 333 districts

covering 19 states so far.5 Information collected from the 333 districts in

the country will be collated and submitted in a dynamic web based data

5 Interview with Jeyaraman, Senior Data Processor, Strengthened Access to

Justice in India (SAJI) programme section of People’s Watch, Madurai, dated 16 August 2008.

183

base to ease and speed up access to justice for the common public, so that

the justice seeking processes are speeded up with immediate online access

to simple and reliable information on formal judicial institutions. The

Website www.saji.net.in was successfully launched by the Cabinet

Minister for Law & Justice on 18.12.2007 at New Delhi.

SAJI increases access to justice information through an interactive

website. There are multiple search options to locate institutions by state

and districts. Important documents on reform initiatives and

developments in justice system and resources relating to Women,

Children and other vulnerable groups are regularly uploaded.6

The next phase of the project would have accomplished all those

requirements in addition to having information of the remaining 281

districts to fulfill the requirements of the 614 districts in India.7

This resource directory is a tool to facilitate speedy access to justice

sector institutions for the ordinary citizens by creating and providing

effective and reliable information through a dynamic single window

system in this country.

6 Strengthened Access to Justice in India (SAJI) – Activities Report, 2008,

People’s Watch, Madurai. 7Available at http://www.saji.net.in

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II. Citizens for Human Rights Movement (CHRM)

People’s Watch has initiated the ‘Citizens for Human Rights

Movement’ (CHRM), a human rights Movement at the grassroots level,

based on the belief that Human Rights promotion and protection must be

a public, and not merely institutional agenda. This movement started at

the state level in 2007, Citizens for Human Rights Movement will help to

create a Human Rights Culture in Tamil Nadu.

People’s Watch experience of Human Rights monitoring,

intervention, rehabilitation, is now taken to the grassroots in Citizens for

Human Rights Movement as a Mass Movement. Grassroots units being

established, these units enable a growing number of individuals actively

engaging themselves in Human Rights monitoring, intervention and

awareness building across the state.

Individuals across a broad spectrum of society’s political parties,

movements, castes, religions, trade unions, civil society groups, human

rights defenders and others form these Citizens for Human Rights

Movement units.8 Grounded in their shared commitment to the values of

Human Rights, these coalitions attract tremendous grass roots support

and form taluk, district and state committees with male and female

coordinators to lead. It is visualized that these units across the state

together will emerge as a movement to protect and promote Human

Rights, with limited institutional support.

8 Interview with Shanmuga Velu, Regional Coordinator of Campaign Networking

and Advocacy section of People’s Watch, Madurai, dated 10 July 2008.

185

Aims and Objectives

To create Humanize ideas among the people and to create a team of

members who give their words and hands for the purpose of Human

Rights.

To develop Human Rights Culture and to create team awareness

among the people and make them analyze the Human rights reports at

the taluk, state and national level and to build up the Citizens for Human

Rights Movement with their cooperation.

To maintain cordial relations with state and national level Human

Rights Commissions and organizations, through their cooperation to

provide legal aid to the affected people.

To conduct struggles against Human Rights violations within the

rule of law.

To give motivation to its members in the field of Human Rights

and make them as real protectors of Human Rights.9

Eligibility for membership: Any person who attained the age of

18 can become the member of ‘Citizens for Human Rights Movement’

and the same type of identity card will be given to every member.

9 Manitha Urimaikkana Kudimakkal Eyakkam – Aamaippu Vithigal (Tamil),

(Madurai: People’s Watch Publication, 2008), p.2.

186

Structure of Citizens for Human Rights Movement

The Structure of Citizens for Human Rights Movement is created

by People’s Watch which is easier for people’s participation like unit

level, taluk level, district level and state level.

There are two organizers in the unit as one is male and another is

female. At the taluk level two persons, one male and one female is

appointed as the organizers and there are two organizers at the district

level also. But at the state level only one member is appointed as state

organizer.10

Unit Formation: Identifying person by People’s Watch (through

Nongovernmental organizations, training participants, victims, political

movements, human rights defenders and persons having relationship &

well known about People’s Watch ) to form a unit.

Identifying person who could understand the ideology of CHRM

can form ‘Citizens for Human Rights Movement’ in his area. Giving

brief note about CHRM and its bylaws and distribute forms to him. He

should intimate after the forms are filled. After the Regional Coordinator

of People’s Watch visits the unit and collects the forms and photos for

identity cards.

The new unit gets its Registration Number and the identity cards

through the Regional Coordinator of People’s Watch. A unit consists of

10 People’s Watch - Half yearly staff Review and planning meeting ( Reap)

material, (Madurai: People’s Watch Publication, 2008), P.7.

187

15 to 20 members. The status and number of male and female members

are equal and same. The selection of organizers to run the administration

will be decided by the unit.11

Taluk Committee: A taluk is constituted with minimum of 10

units. All the unit organizers will participate in the taluk committee

meetings. During the meeting session they selected one person from each

sex as Taluk Organizers.

District Committee: The district committee is formed by the

organizers of all taluk committees. From this committee one person from

each sex is selected as district organizers.

11 Interview with Sylvia Vaiz, Headquarters Secretary, Campaign Networking

and Advocacy section of People’s Watch, Madurai, dated 11 July, 2008.

188

Chart 8

Structure of Citizens for Human Rights Movement

State

District

Taluk

Unit Unit Organizers

State Committee

State Organizer

District Organizers

Taluk Committee

Taluk Organizers

District Committee

Taluk Advisory Council

State Advisory Council

District Advisory Council

189

State Committee: The state committee consists of the organizers of all

district committees. They all select a state organizer among themselves.

State Conference: The State Conference of Citizens for Human Rights

Movement has been held on 10th December every year. The members of

all the units in the state take part in this conference.

General resolutions emphasized in the conference are follows,

a) The Citizens for Human Rights Movement emphasize that an

information board should be displayed in all police stations

depicting the guidance and procedures to be adopted as per the

Supreme Court’s directions in the case of D.K. Basu Judgment

while the police department arrest a person.

b) Though the Child Labour Prohibition Act has come in to force,

children are even now employed as child labour. It is

emphasized by the CHRM that they should be released and

rehabilitation and education facilities should be provided for

them by the government and legal action should be taken by the

government on those employing children as labourers.

c) It is also emphasized by the CHRM that the government should

have vigilance on the parts where violence is imposed against

Dalits and the Scheduled Castes and Scheduled Tribes

Prevention of Atrocities Act should be implemented without

hesitation and that special courts should be established in all

districts for this purpose.

d) As per the judgement of the Supreme Court, the prisoners

should not be handcuffed when they are taken either from court

190

to jail or from jail to court without proper permission of the

court. It is emphasized by the CHRM that the district sessions

judge should watch such cases of prisoners and should take

action against the police department as per Supreme Court

orders.

e) It is emphasized by the CHRM that the government should

advertise through television and newspapers and create

awareness among the public regarding the Right to Information

Act which confirm the rights of the public.

In the Citizen’s for Human Rights Movement all the Taluk,

District and State Committees have their own advisory councils. The

Taluk advisory council consists of maximum three members, the district

advisory council consists of maximum five members and the state

advisory council consists of maximum seven members.

The advisory councils give advice to run the Citizens for Human

Rights Movement, and to conducts mass agitations, rally against Human

Rights violations within the rule of law. These advisory councils assist the

Citizens for Human Rights Movement to function on a Democratic

basis.12

So far Citizen’s for Human Rights Movement (CHRM) under

People’s Watch has formed 726 Units, 56 Taluk Committees and 5

District Committees for the Citizens. Through these nearly 12,615

12 File No: 19 of 2008, Citizens for Human Rights Movement activities, People’s

Watch, Madurai, 2008.

191

members had joined the movement as human rights defenders. Among

them one third of the members are women.13 People’s Watch provides

appropriate leadership training, organizes workshops and refresher

courses for human rights defenders, and supports these Citizens for

Human Rights Movement in any way necessary to sustain its ongoing

synergy.

III. People's Watch’s association with National and State Human

Rights Commissions

Monitoring of National Human Rights Commission

Since the 1990s, India has seen a growth in statutory human rights

institutions. They number over 130 institutions, with over 500

commissioners exercising their powers. They have been created under

special legislation, some with state and some with national jurisdiction.

They cover a range of subjects: gender, human rights, minorities,

scheduled castes and tribes, semi-nomadic tribes, persons with disabilities,

children, and the right to information. These human rights institutions

play an advisory role with the governments, a complaints-handling role,

and an educational and awareness-building role.

People's Watch sends complaints in the cases of human rights

violations happening in the state of Tamil Nadu to the National Human

Rights Commissions or State Human Rights Commissions. According to

the nature of the case and the victim, complaints are also sent to the

National Commission for Women, National Commission for Scheduled

Castes, National Commission for Scheduled Tribes, National

Commission for Minorities and their state counterparts. On an average,

13 Periodical Evolution Report of ‘Citizens for Human Rights Movement’ programme – 2008, People’s Watch, Madurai.

192

around 25 complaints are sent to these commissions from the human

rights intervention unit of People's Watch every month.

The national human rights institutions enjoy significant power and

increasing respect from civil society. They are expected to adhere to the

Paris Principles of 1991 - the United Nations Guidelines governing

National Human Rights Institutions. Because of their large and

increasing role and in the context of these institutions finding it difficult

to rise to the people’s expectations, People’s Watch feels the urgent need

to undertake a specific nationwide monitoring of these institutions.

People's Watch has a program of monitoring of national and state

human rights commissions. The Right to Information Act is the main

tool by which People’s Watch gets information from the commissions

and thereby monitors their functions.14 People’s Watch is simultaneously

a member of the Asian NGOs Network on National Institutions (ANNI)

initiated by the Asian Forum for Human Rights and Development

(FORUM-ASIA).

FORUM-ASIA is a membership-based regional human rights

organization committed to the promotion and protection of all human

rights including the right to development. FORUM-ASIA was founded in

1991 in manila and its regional Secretariat has been located in Bangkok

since 1994. At present FORUM-ASIA have 46 member organizations

across Asia. People's Watch is a member of the Executive Committee of

FORUM- ASIA.

14 Interview with Sabitha, National Program Coordinator – Human Rights

Defenders Desk, People’s Watch, Madurai, dated 22 November, 2008

193

The idea of establishing a network of Asian non‐governmental

organizations and human rights defenders engaged with National Human

Rights Institutions (NHRIs) initially came inside Forum Asia during the

first Regional Consultation and Cooperation between NHRIs and NGOs

in Asia, which was organized by FORUM‐ASIA and held in Bangkok,

Thailand, from 30th November to 1st December 2006. After three days of

discussions on experiences on this issue from all over Asia, the

participants of the consultation made the collective decision to form the

Asian NGOs Network on National Human Rights Institutions (ANNI).

It was also decided during the consultation that FORUM‐ASIA would

serve as the convener of the ANNI.15

ANNI is a network of human rights organizations and defenders

engaged with national human rights institutions in Asia to ensure the

accountability of these bodies for the promotion and protection of human

rights. The ANNI covers the sub‐regions of South Asia, Southeast Asia,

and Northeast Asia; the members of ANNI are Hong Kong, India,

Indonesia, Bangladesh, Japan, Malaysia, Maldives, Mongolia, Nepal,

Philippines, South Korea, Sri Lanka, Taiwan, and Thailand.

The goal of ANNI is to help establish and develop accountable,

independent, effective, and transparent national human rights institutions

in Asia. National human rights institutions hold an important role in the

promotion and protection of human rights in the region, considering the

fact that Asia has yet to set up a human rights mechanism that would

cover the region. National human rights institutions are the primary

15 Available at http://wwwforum - asia.org.

194

protection mechanisms for human rights defenders working on the

ground. They also hold the potential of developing a regional

jurisprudence on human rights that would conform to international

human rights principles.

It is in this light that the ANNI pursues its advocacy work at the

national, regional, and international levels, on issues regarding NHRIs.

The ANNI undertakes every year a collaborative research project

on assessing the independence and effectiveness of NHRIs in Asia. It

released its Publication in 2008, which was entitled Monitoring Report on

the performance of NHRIs in Asia, 2007. This report covered 14 countries

in Asia: India, Indonesia, Hong Kong Malaysia, Maldives, Mongolia,

Nepal, Bangladesh, Philippines, Japan, South Korea, Sri Lanka, Taiwan

and Thailand.

People's Watch is a member of Forum Asia and ANNI and

contributes to the India Chapter of ANNI’s Annual Reports on National

Human Rights Institution.16 The Annual Report which was entitled The

NHRC of India was submitted by People’s Watch in 2008. (For details of

the Report See Appendix)

People’s Watch endeavors by way of this program to create regular

Annual Reports regarding the functioning of these Human Rights

institutions as well as monitor their performance and their adherence to

the Paris Principles.

16 Interview with Henri Tiphagne, Executive Director, People’s Watch, Madurai,

CCoonncclluussiioonn

195

CONCLUSION

Human beings are born equal in dignity and rights. These are moral

claims which are inalienable and inherent in all human individuals by

virtue of their humanity alone. These claims are articulated and

formulated in what we today call Human Rights, and have been translated

into legal rights, established according to the law creating processes of

societies, both national and international. The basis of these legal rights is

the consent of the governed that is the consent of the subjects of rights.

The values of dignity and equality of all members of the human

race, like many other basic principles which underlie what we today call

human rights can be found in virtually every culture and civilization,

religion and philosophical tradition. The principle of equality in rights

recognized in natural law was long accepted in many societies. Yet

discrimination continues to exist due to ignorance, prejudice and

fallacious doctrines which try to justify inequality. Such doctrines have

been used to defend slavery and discrimination on the grounds of sex,

race, colour, descent, national or ethnic origin or religious belief, or on

the basis of class or caste systems, throughout history and unfortunately

in modern times.

The ideas of elaboration and protection of rights of human beings

have been gradually transformed into written norms. Many important

landmarks may be mentioned in this way such as, in England, Magna

Carta (1215), Petition of Rights (1628) and the Bill of Rights (1689).

During the eighteenth century, the early ideas of natural law developed

196

into an acceptance of natural rights as legal rights and these rights for the

first time were written into national constitutions, thus reflecting an

almost contractual relationship between the state and the individual

which emphasized that the power of the state derived from the assent of

the free individual.

The French Declaration of the Rights of Man and of the Citizen of

1789 and the American Bill of Rights of 1791 were based on this premise.

During the nineteenth century this principle was adopted by a number of

independent states and social and economic rights also began to be

recognized. Vienna Treaty of 1815, The Geneva Convention of 1864 and

the creation of the International Committee of the Red Cross in1864

contributed greatly to these developments.

Since the end of the First World War, there has been a growing

belief that governments alone cannot safeguard Human Rights, which

require international guarantees. Though the mandate of the League of

Nations, the first universal intergovernmental organization created after

the First World War, the League tried to undertake the protection of

Human Rights through international means. The totalitarian regimes

established in the 1920s and 1930s grossly violated Human Rights in their

own territories. The Second World War brought about massive abuse of

human life and dignity, and attempts to eliminate entire groups of people

because of their race, religion or nationality. Thus it became clear that

international instruments were needed to codify and protect Human

Rights, because respect for them was one of the essential conditions for

world peace and progress. The war came to its end and the United

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Nations Organization was established for the protection of peace, it

started working to find out the means to promote Human Rights.

The task of drawing up an International Bill of Human Rights

defining the Human Rights and freedoms referred to in the United

Nations Charter, was charged upon the Commission on Human Rights

established in 1945, which is a subsidiary body of the Economic and

Social Council (ECOSOC), one of the United Nations principal organs.

A major step in drafting the International Bill of Human Rights was

realized on 10th December 1948, when the General Assembly adopted the

Universal Declaration of Human Rights as a common standard of

achievement for all peoples and nations. Further United Nations General

Assembly adopted the International Covenant on Civil and Political

Rights and International Covenant on Economic, Social, and Cultural

Rights in December 1966, both covenants entered into force in 1976.

The Constitution of India, drafted around the same time as the

Universal Declaration of Human Rights (1948), is one of the most rights-

based Constitutions in the world. It captures the essence of Human Rights

in its Preamble and in the sections on Fundamental rights and Directive

Principles of State Policy. The Indian Constitution promises to help the

people to enjoy Human Rights.

The need for devising special mechanisms and enactments to

protect and further Human Rights in India received a definite boost with

the enactment of the protection of Human Rights Act, 1993. Following

this, the National Human Rights Commission was constituted under this

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act. In addition to the above, the country has the following Institutional

mechanisms to deal with protection and promotion of Human Rights of

civil society. They include the National Commission for Women, the

National Commission for Minorities, the National Commission for

Scheduled Castes, and the National Commission for Scheduled Tribes. At

the State level there are the State Human Rights Commission, State

Commission for Women, State Commission for Minorities, etc. India has

a comprehensive institutional network of National and State Human

Rights institutions working for the protection and promotion of human

rights and fundamental freedoms.

The human society is more or less violent striven hence human

rights violations are quite common. Under these circumstances the

United Nations Organization and the governments alone cannot achieve

complete success in the implementation of human declarations and

conventions. Non Governmental Organizations (NGO’s) play an

important role in the protection and promotion of Human Rights all over

the world.

The World Conference on Human Rights (1993) recognized the

important role of Non Governmental Organizations in the promotion of

all Human Rights and humanitarian activities at the national, regional and

international levels. The Conference appreciated their contribution to

increasing public awareness of human rights issues, to the conduct of

education, training and research in this field, and to the promotion and

protection of all human rights and fundamental freedoms. After that there

are large number of Non Governmental Organizations which emerged at

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the national, regional and local level. In Tamil Nadu there are several

Non Governmental Human Rights Organizations working for the

protection and promotion of Human Rights. Among them People’s

Watch is the prominent Non Governmental Human Rights Organization

based in Tamil Nadu, it plays the lead role and it takes the vanguard

position in the protection and promotion of Human Rights. People’s

Watch started its journey on 10th December, 1995 initially concentrating

its activities on human rights monitoring which gradually led to actions in

the field of human rights intervention, human rights campaigns etc.

Today, it pursues a holistic approach to championing human rights

through everything from pursuing legal remedies on behalf of victims to

sheltering victims in a rehabilitation centre, to teaching future generations

a human rights curriculum and building a citizen’s movement for Human

Rights of ‘All Rights of All Peoples’.

The follow-up of each case and the support extended towards

victims are commendable. ‘Victim Centeredness’ one of the core concerns

at People’s Watch, giving physical, psychological, social and economic

rehabilitation to them and bringing them to a state where they get their

rights. As many as 50 persons who were victims of Special Task Force

atrocities meet National Human Rights Commission Chairman Justice

Shivaraj Patil at Bangalore on the 14th of March 2007, thanking him for

giving them relief. People’s Watch along with other organizations fought

for the human rights of these people. Few Special Task Force affected

victims who received compensations contributed Rs. 40,000 as welfare

fund for other victims. The affected people and victims have found

People’s Watch easily accessible and reliable. People’s Watch works for

200

victims to enable them develop as people with a Human Rights outlook,

which is reflected in their lives, families and environment.

The Human Rights campaigning and networking unit of People’s

Watch works for the protection and promotion of Human Rights in the

society, making it to reach people of all walks of life. People’s Watch has

a range of contacts, networks and relationships in pursuing its objectives.

The range of contacts vary from people’s organization/movements,

political parties, trade unions, lawyers, medical professionals,

academicians, NGOs , government officials etc. The campaign and

networking have been aimed at strengthening and reinforcing monitoring,

interventions and rehabilitation. It has also been aiming at various

measures and policy changes to ensure human rights. The campaigns in

which People’s Watch has played significant roles have been Campaign

against Death Penalty, Campaign against forcible Conversion Act,

Campaign against Child Labour, Campaign against Sex Selective

Abortion, Campaign for Right to Education for all Children, Campaign

against Shrimp Industries and Campaign against Torture are worth

mentioning here. The networks and alliance have been helpful in

organizing public meetings, protests, mobilize pressure on commissions

and law enforcing agencies, spreading of awareness influencing public

opinion and highlighting the violation of Human Rights.

Realizing the need for a right based approach to disasters, and in

order that a system of legal intervention has to be established in Tsunami

affected areas, the Tsunami Legal Action Committee (TLAC) was

established in March 2005. People’s Watch Creating awareness about legal

201

aid in the tsunami affected communities through its legal camps. TLAC in

coordination with many NGOs working in the field organized several

legal aid camps for the purpose of collecting complaints from the affected

people. Collection of a large volume of complaints, appropriately

classified them, making copies and forwarding them to Legal services

authorities. As a result approximately 60,000 cases redressed by the

Tsunami Legal Action Committee.

Strengthened Access to Justice in India (SAJI), this project has a

very specific objective of strengthening access to justice information by

creating an interactive website that provides enhanced access to

information about various formal justice delivery institutions like the

Courts, Prisons, Police institutions, National / State / District / Taluk

legal aid services authority, Bar council and Bar associations, Hospitals,

Blood banks, Eye banks, Rehabilitation homes, Official sites of the States,

Nongovernmental organizations offering human rights services etc. The

purpose of this project has to ease and speed up access to justice for the

common public by creating and providing effective and reliable

information through a dynamic single window system on the formal

institutions for justice in India. Through this project the website

www.saji.net.in has been successfully launched, this website has also been

accommodated within the official website of the Home Ministry.

In 2007 People’s Watch has initiated the ‘Citizens for Human

Rights Movement’ (CHRM), a human rights Movement at the grassroot

level, based on the belief that Human Rights promotion and protection

must be a public, and not merely institutional agenda. The Structure of

202

Citizens for Human Rights Movement is created by People’s Watch

which is easier for people’s participation like unit level, taluk level,

district level and state level. Several taluks and several villages have

grassroots units of the CHRM. These units enable a growing number of

individuals to become actively engaged in human rights monitoring.

Gradually, these units across the state will emerge as a movement,

protecting and promoting human rights with limited institutional

support. The CHRM have their own advisory councils, these advisory

councils give advice to run the Citizens for Human Rights Movement,

and to conduct mass agitations, rally against Human Rights violations

within the rule of law. These advisory councils assist the Citizens for

Human Rights Movement to function on a Democratic basis. Through

these nearly 12,615 members had joined in the movement as human rights

defenders. People’s Watch provides appropriate leadership training,

organizes workshops and refresher courses for human rights defenders,

and supports these Citizens for Human Rights Movement; it will help to

create a Human Rights culture in Tamil Nadu.

People’s Watch began the National Project on Preventing Torture

in India (NPPTI) in 2006. This National Program on Preventing Torture

in India is a unique project intended to demonstrate and combat the

widespread use of torture in India, with a deliberate focus on torture

practices routinely employed by the police. This project covers the

following 10 States in India: Tamil Nadu, Kerala, Karnataka, Andhra

Pradesh, Rajasthan, Madhya Pradesh, Orissa, Uttar Pradesh, West Bengal,

and Bihar. The project has launched a national awareness campaign, citing

the extensive monitoring data, to a) generate public and professional

203

condemnation of torture practices within a wider culture of rights. b)

improve enforcement of and adherence to existing constitutional

guarantees, and c) lobby for ratification of the United Nations

Convention Against Torture and stricter domestic laws in India’s

Parliament and the individual state legislative assemblies. In all

participating states where the NPPTI operates, project staff have solicited

intimations of police torture. As a result, 6063 cases of torture were

monitored and documented, in this 1043 fact findings conducted from

Tamilnadu. The project lawyers pursued cases through a variety of legal

means; the result was 5657 legal interventions carried, in this 982 from

Tamilnadu which targeted governmental authorities and statutory human

rights institutions. People’s Watch works against torture and conducted

National campaign against Torture. A series of state-level awareness

conferences targeting the various professions implicated in the elimination

of torture: lawyers, social activists, doctors, psychiatrists, journalists and

teachers. Police themselves, as well as members of the judiciary, are also

to be treated as intermediaries, receiving awareness training that addresses

them as constructive partners rather than adversaries in this project.

The Institute of Human Rights Education (IHRE) of People’s

Watch was set up with the vision of building a human rights culture in

society through education. An experiment started in 1997 in a few schools

in Tamilnadu during the United Nations Decade for Human Rights

Education (1995-2004); the IHRE has expanded to a national program of

significance. The program was confined to Tamilnadu from 1997 offered

in about 300 SC/ST schools of the government of Tamilnadu and also

variety of schools with different backgrounds. In the past ten years about

204

2, 21,717 children from 2635 schools have been reached and about 4077

teachers have been trained for this purpose in Tamilnadu. Since 2005, it

has expanded to the states of Orissa, West Bengal, Rajasthan, Tripura,

Bihar, Gujarat, Chhattisgarh, Andhra Pradesh, Karnataka and Kerala.

Today Human Rights Education has reached 3, 25,597 children through

5045 teachers in 3786 schools across 11 states in India including Tamil

Nadu. The curriculum is available in Malayalam, Kannada, Telugu,

Hindi, Gujarati and Bengali in addition to Tamil and English. United

Nations High Commissioner for Human Rights and National Human

Rights Commission has commended the work and appreciated IHRE of

People’s Watch for introducing such a program.

We have in India a national and several state level commissions and

NGOs but how far these have succeeded in ensuring human rights to our

citizens. Given the fact that Indian Society is witness to numerous

violations and abuses of power and that the ability of the people to fight

these injustices is limited, human rights education in India is extremely

important. Awareness should be created among the people, it is important

to promote a culture of human rights through Education. From the

lowest class onwards children should study human rights, values

democracy and practice them. This will naturally lead to the

establishment of a society, state and world order dedicated to peace

progress and prosperity.

One of the contributions of People’s watch besides other things has

been to create awareness regarding Human Rights among the people at

large, introducing human rights education in the schools in various states

205

in India to create a just society and enlighten the young minds about their

rights and duties is indeed an immense service to the society.

People’s Watch has completed 13 years of its existence on 10th

December, 2008; over the past 13 years the organization has been trying

its best to give a positive meaning to the objectives of the protection of

Human Rights Act for better protection and promotion of Human

Rights. Its work occupies a significant place in the contemporary history

of Human Rights.

BBiibblliiooggrraapphhyy

206

BIBLIOGRAPHY

PRIMARY SOURCES

ANNUAL REPORTS

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207

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Satwant Singh Sawhney Vs.D.Ramarathnam, APO, New Delhi (1967) 3

SCR

Shantistar Builders Vs. Totame, AIR 1990 SC

Sheela Barse Vs. State of Maharastra, (1983) 2 SCC

Sukh Das Vs. Union of India, AIR 1986 SC

Sunil Batra Vs. Delhi Administration, (1978) 4 SCC

Tekraj Vs. Union of India, Air 1998 SC

Unni Krishnan Vs. State of Andhra Pradesh, AIR 1993 SC

T.V.Vatheeswaran Vs. State of Tamilnadu, AIR (1983) SC

Vincent Vs. Union of India, (1987) 2 SCC

DOCUMENTS

U.N.Document 2106 A (XX) 1965.

U.N. Document. A / conf. 32 (4) 1966.

U.N Document No. A / Res / 34 / 180., 1979.

U.N. Document No. A / Res / 39 / 46 / ., 1984.

U.N. Document No. A / Res / 4425., 1989.

U.N. Document . E / CN 4 / 1101, E / Sub, 2 / 332.

FILES

File. No: 1 People’s Watch, (Madurai, 2006).

File.No:4 Institute of Human Rights Education unit, People’s Watch,

(Madurai, 1997).

208

File. No: 15., Preventing Torture Project Unit., People’s Watch, (Madurai,

2007).

File No. 3., Monitoring Unit., People’s Watch (Madurai, 2006).

File No.10., Intervention Unit, People’s Watch (Madurai, 2007).

File. No: 15., Preventing Torture Project Unit., Periodical Evolutio Report,

People’s Watch, (Madurai, 2008).

File No: 19., Citizens for Human Rights Movement activities, People’s

Watch, (Madurai, 2008)

GOVERNMENT ORDERS

G.O. No: 3 / 12874 / 99, Adi Dravida and Tribal Welfare Department

Secretariat, dated 2nd January 2002.

RECORDS

ECOSOC. Recs 5 ( I ) of 16 Feb. 1946.

ECOSOC. Recs 9 ( II ) of 21 June 1946.

REGISTERS

Fact Finding Cases Report Register – Monitoring Unit, People’s Watch,

Madurai.

Register No: 7 - Temporary Shelter Register of Rehabilitation Centre for

Torture victims, People’s watch, (Madurai, 2008).

Register No: 4 – Medical Assistance Register of Rehabilitation Centre for

Torture victims, People’s watch, (Madurai, 2008).

Register No: 1 – Education Admission Register of Rehabilitation Centre for

Torture victims, People’s watch, (Madurai, 2008).

Help line Register – 2008, People’s Watch, Madurai.

Library Visitors Register – 2008, Documentation Centre, People’s Watch,

Madurai.

209

REPORTS

Report of the commission on Human Rights on the second session of the

commission, Drafting committee, United Nations Document, E/600,

1947.

Periodical Evolution Report of Intervention Unit, People’s Watch (Madurai,

2008).

Campaign and Networking unit – Activities Report: 2008,People’s Watch,

Madurai.

Tsunami Legal Action Committee Activities Report – 2006, people’s Watch,

Madurai.

Periodical Evolution Report of Media Unit – 2008, People’s Watch,

Madurai.

Periodical Evolution Report– 2008 of Documentation Centre, People’s

Watch, Madurai

Strengthened Access to Justice in India (SAJI) – Activities Report: 2008,

People’s Watch, Madurai

Periodical Evolution Report of ‘Citizens for Human Rights Movement’

programme – 2008, People’s Watch, Madurai.

RESOLUTIONS

General Assembly Resolution 217 (III), U.N.Doc. A/810, 1948.

General Assembly Resolution 2200 A (XXI) 1966;

General Assembly Resolution 3068 (XXVII), 1973.

General Assembly Resolution 48 / 141 of December 20, 1993.

210

OFFICIAL PUBLICATIONS OF PEOPLE’S WATCH

People’s Watch, A Short description of People’s Watch-Tamil Nadu, a proposal

submitted to Vigil India Movement, Madurai: People’s Watch

Publication, 2004.

People’s Watch, A Positive Dialogue on Human Rights with Legal

Professionals, Madurai : People’s Watch publication, 2001.

People’s Watch, Chitravathai (Tamil), Madurai: People’s Watch Publication,

2006.

People’s Watch, Finance Manual of People’s Watch, Madurai: People’s Watch

Publication, 2006 – 2007.

People’s Watch, Half Yearly Staff Review and Planning Meeting ( Reap)

Material , Madurai: People’s Watch Publication, 2008.

People’s Watch, Human Rights for Lawyers, Madurai: People’s Watch

Publication, 2004.

People’s Watch, Human Rights protection and promotion, Madurai:

EducationMaterial People’s Watch Publication, 2000.

People’s Watch, Manitha Urimaikkana Kudimakkal Eyakkam-Aamaippu

vithigal (Tamil), Madurai: People’s Watch Publication, 2008.

People’s Watch, Reference Material on Human Rights Education for Cordaid

Assessment, Madurai: People’s Watch Publication, 2003.

People’s Watch, Urimai Pookal, (Tamil), Human Rights Education

Institution, Madurai: 1999.

People’s Watch, Urimai Malar (Tamil) Published by Institute of Human

Rights Education of People’s Watch, Madurai: 2008.

Sabine Nierhoff., The Complaints Handling Mechanism of the National

Human Rights Commission of India, Madurai: People’s Watch

Publication, 2005.

211

Shantha Kumar, Human Rights, Madurai: people’s watch Publication, 2005.

PAMPHLETS

Manitha Urimai kalvi, People’s Watch, Madurai.

Activities of Documentation Centre, People’s Watch, Madurai.

Human Rights Campaign and Networking, People’s Watch, Madurai.

Activities of Publication Unit, People’s Watch, Madurai.

INTERVIEWS

Interview with Henri Tiphange, Executive Director, People’s Watch,

Madurai.

Interview with Sabitha, National Program Coordinator, Human Rights

Defenders Desk, People’s Watch, Madurai.

Interview with Palaniammal, State Monitoring Officer of People’s Watch,

Madurai.

Interview with Angayarkanni, Senior Legal Assistant – Intervention unit of

People’s watch, Madurai.

Interview with Najeema Beevi, Senior Program Coordinator Of

Rehabilitation Centre for Torture victims, People’s watch, Madurai.

Interview with Bernat, State Coordinator (Tamilnadu) of Institute of

Human Rights Education, People’s watch, Madurai.

Interview with Pradeep Solmon Raj, State Program Associate of National

Project on Preventing Torture unit of people’s Watch, Madurai.

Interview with Shanmuga Velu, Regional Coordinator of Campaign and

Networking unit of People’s Watch, Madurai.

212

Interview with Kala Newton, Law Officer, Help line Unit of people’s

Watch, Madurai.

Interview with Archana Sarma, Law Researcher of Tsunami Legal Action

Committee, People’s Watch, Madurai.

Interview with Mehari Nigar, Librarian, Documentation Centre of people’s

Watch, Madurai.

Interview with Paneer Selvam, Senior Program Secretary, Publication

Section of People’s Watch, Madurai.

Interview with Catherine Rubina, Law Researcher-Strengthened Access To

Justice in India (SAJI) programme section of People’s Watch, Madurai.

Interview with Jeyaraman, Senior Data Processor, Strengthened Access to

Justice in India (SAJI) programme section of People’s Watch, Madurai.

Interview with Sylvia Vaiz, Headquarters Secretary, Campaign Networking

and Advocacy section of People’s Watch, Madurai.

SECONDARY SOURCES:

Periodicals – Newspaper, Magazines and Journals

Newspapers

Tamil

Dinamalar

Dinathanthi

English

The Hindu

The New Indian Express

213

Journals

English

Human Ecology

Human Rights Quarterly

Political Psychology

Political Theory

Reproductive Health Matters

The Journal of Ethics

Tamil

Manitha Urimai Kangani

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222

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AAppppeennddiixx

Appendix

2007 Monitoring Report on the Performance of National Human Rights

Institutions (NHRIs) in Asia

Asian NGOs Network on National Human Rights Institutions

Compiled and Printed by Asian Forum for Human Rights and Development

India: The NHRC of India

Prepared by People’s Watch – India*

* Contact Person: Mr. Henri Tiphagne, Executive Director, People’s Watch – India.

The NHRC of India

I. Positive measures by the National Human Rights Commission

(NHRC)

Despite its shortcomings, the NHRC has remained indispensable for

the protection and promotion of human rights in India. The NHRC has been

actively involved in many positive measures.

1. Sittings In different states

Pursuant to a decision of the NHRC of 21 November 2006, the

Commission has been holding sittings in State Capitals to expedite disposal of

pending complaints, furnish status of complaints, to receive complaints and

sensitize die State functionaries on the Human Rights. The first sitting was

held in Lucknow, Uttar Pradesh from 18-20 January 2007, where the NHRC

drew the attention of the authorities to a range of issues including failure to

file First Information Reports (FIRs), delay in compliance with its

recommendations, delay in sending requisite details or reports in custodial

deaths, failure to set up adequate number of Juvenile Justice Boards, Child

Welfare Homes, Observation Homes and Special Homes, the lack of hygiene

and education in the existing Juvenile Observation Homes, bonded and child

labour, among others. The Commission disposed of 32 cases of Full

Commission and 150 cases of Single Members in three days sittings. The

Commission held a special meeting with Secretary Home, Secretary Health,

Additional Director General Police (Human Rights) and DG (Prisons) where

the Commission asked the officials to expedite the compliance of sending

reports such as magisterial inquiry and viscera report of those who died In

custody; directed the State government to complete all pending magisterial

inquiries within three months and all future inquiries within three months

and in exceptional cases within six months; discussed the plan of action

adopted by the State government to prevent and end trafficking of women

and children; and recommended revival of the system of board of visitors in

jails.1

The NHRC held the second Camp Sittings in Patna, Bihar from 17-19

May 2007. In its three-day sitting in Patrja, 30 cases of Full Commission and

125 cases of Single Members were disposed of. Following the

recommendations of the NHRC, the State government paid a compensation

of Rs 7,60,000 to the concerned victims of human rights violations in six

cases, including two cases of custodial death. The NHRC also recommended

interim relief of Rs 14,25,000 in 10 other cases, including eight cases of

custodial deaths, and called for additional information in 50 other cases. After

the three-day camp sitting, on 20 May 2007 the Commission held a regional

review meeting with the Chief Secretaries and DGPs from the States of Bihar,

West Bengal, Orissa and Jharkhand and took up issues like Juvenile Justice,

prisons, trafficking of women and children, manual scavenging, right to

health and education, among others. The Commission urged these States to

appoint special officers to sensitize police personnel and work out a

systematic programme for rehabilitation of the victims of trafficking; to carry

out resurvey of Manual Scavengers by an independent agency and adopt an

effective rehabilitation and reintegration programme to bring Manual

Scavengers into the main stream; to ensure that the rights to health and

education reaches every one, among others. The NHRC expressed concerns

1 NHRC camp at Lucknow - draws authorities' attention to failure in filing FIRs and delay in compliance; directs State Government to complete all pending magisterial inquiries within three months, NHRC press release, 21 January 2007, http ://www, nhrc. nic in/disparchive .asp

on poor compliance of the recommendations of the Commission by West

Bengal and Orissa. NHRC stressed the need for micro-level monitoring of

Kalahandi, Bolangir and Koraput districts in Orissa.2

2. Reconstitution of NGO core group

Under Section 12(i) of the Protection of Human Rights Act 1993, the

NHRC has the responsibility to “encourage the efforts of non-governmental

organizations and institutions working in the field of Human Rights”. In

2001, the NHRC constituted the Core Group for NGOs to serve as a

monitoring mechanism for its consultations with NGOs engaged in the field

of human rights. 3The Core Group of NGOs was re-constituted in 2006.

3. NHRC-NGO consultation

In its Annual Report 2004-2005, the NHRC has stated that “The

promotion and protection of Human Right cannot gather momentum

without the fullest cooperation between the Commission and the NGOs and

called the NGOs the “the eyes and ears of the Commission in the remotest

corners of the country.” On 28-29 April 2007, the NHRC organized a two-

day Conference on the “Role of NGOs in support of NHRC for better

promotion and protection of Human Rights in Bangalore, Karnataka. The

Conference was attended by several NGOs which work on the frontline to

defend the Human Rights of the victims. At the end of the deliberations, the

Conference came out a number of recommendations which included that the

NGOs should be responsible in representing the victims and ensure the

2 Protection of Human Rights is our mission" says NHRC Chairperson, Justice Shri S. Rajendra Babu, NHRC press release, 22 May 2007, http://nhrc.nic in/disparchive. asp 3 NHRC constitute Core Group for NGOs, NHRC press release, 26 Jury 2001, http://vww. nhrc. nic.in/disparchive.asp

credibility and accuracy of their reports on Human Rights violation; NHRC

should make sure that the victims get justice in a short period; the NHRC

will conduct continuous sensitization programmes for its officers as well as

government machinery on the plights of the victims; Women's issues shall be

an important part of all sensitization and training programmes of judicial

officers, police and other government officials; the Commission will provide

coordination in monitoring Human Right violations by the NGOs; People

should be educated about their Human Rights, which include the skills to

monitor aid complain to the authorities when their rights are violated;

NHRC with media can work together to take the human rights programmes

to the masses; Health which includes sanitation, clean drinking water,

environment and food forms an integral part of Human Rights; a task force

of NHRC-NGO can be constituted to address the problem of exclusion of

Scheduled Castes and Scheduled Tribes; and the NGOs suggested that the

Commission can have Special Reporters in every part of the country who can

be the eyes and ears of the Commission. The NGOs further suggested that

the NHRC should target specific districts in the country, work with specific

NGOs and make these districts torture free. The NGOs urged the NHRC to

take pro-active steps to ensure strict compliance of its guidelines in

postmortems and starvation deaths cases.4

4. Media guide lines on child abuse

The NHRC issued detailed guidelines for the media in addressing the

issue of child sexual abuse. The guidelines provide that the identity of the

child victim should not be disclosed or revealed under any circumstances; the

4 Conference of NGOs in support of NHRC for promotion and protection of Human Rights http://www.nhrc.nic.in/disparchive.asp

coverage of the issue should be “sensitive and meaningful projection” and the

media should “ascertain the facts, context and circumstances” of the incident;

not to “sensationalize or exaggerate” a particular incident of child abuse;

should also report “subsequently on actions taken by concerned authorities

and continue to report till action is taken to punish the abusers”; should

enlighten the public as to how to prevent incidents of sexual abuse of children

and what must be done if such an unfortunate incident has taken place and

the media must be guarded by the principle of best interest of the child as

required in the Convention on the Rights of the Child, among others.5

On 16 July 2007, the NHRC also issued “Draft guidelines for speedy

disposal of child rape cases”. The guidelines provide that the complaint

relating to child rape cases shall be recorded promptly as well as accurately.

An officer not below the rank of Sub Inspector, preferably a lady police

officer, should record the statement of the victim. The medical examination

of the victim should be done within 24 hours, and the clothes of the victim as

well as the clothes of the accused, if arrested, should be sent for forensic

analysis within 10 days. The investigation should be completed within 90

days of registration of the case. The guidelines make it mandatory that the

identity of the victim and the family should be kept secret. The NHRC

recommendations call for in camera trial by fast track courts and preferably

presided over by a lady judge. Noting that the trial of the case must be “child

friendly”, the NHRC guidelines provide that “If possible, the recordings be

done in video conferencing / in conducive manner so that victim is not

5 NHRC’s Guidelines for the media in addressing the issue of child sexual abuse, available at http://nhrc.nic.in/Documents/Guidelines for the media.pdf

subjected to close proximity of accused”. The Magistrate should commit case

to session within 15 days after the filing of the charge sheet.6

II. Issues of concerns

1. NHRC not fulfilling its mandate on international treaties

Section 12 (f) of The Protection of Human Rights Act, 1993 (as

amended in 2006) provides that the NHRC has the responsibility to “study

treaties and other international instruments on human rights and make

recommendations for their effective implementation” by the government of

India.

However, the NHRC has not fulfilled its mandate on the international

treaties. It has neither provided any inputs nor participated in the

deliberations while preparing India's periodic reports to various United

Nations Treaty Bodies.

In its 15th to 19th periodic reports (CERD/C/IND/19) to the UN

Committee on International Convention on the Elimination of All Forms of

Racial Discrimination (CERD Committee), India denied the existence of

racial discrimination in India despite the fact that Indian society is divided on

caste lines and racial discrimination is glaring in all aspects. But the NHRC,

which has been strong advocate against discrimination against the Scheduled

Caste and Scheduled Tribes, has remained silent on India's implementation of

the International Convention on the Elimination of All Forms of Racial

Discrimination.

6NHRC’s Draft Guidelines for Speedy Disposal of Child Rape Cases, available at http://nhrc.nic.in

2. NHRC not responding on the ACJ reference

The NHRC has not responded to the references of Advisory Council

of Jurists (ACJ) of the Asia Pacific Forum of NHRls on issues like death

penalty and torture.

The ACJ in its final report on the reference of death penalty of

December 2000 recommended that India should ratify the Second Optional

Protocol to the ICCPR and CAT; and take “progressive steps towards de

facto abolition of the death penalty and ultimately its de jure abolition”

among others.7 But death penalty has not been abolished in India till date.

On the Reference on Torture, the ACJ recommended that the NHRC

of India should urge the government of India to sign and/or ratify the First

Optional Protocol, CAT, the Refugee convention, the Protocols to the

Geneva Conventions and the Rome Statute, to amend Section 376(B) of the

Indian Penal Code which “seems on its face to apply only in the case of

public servants who are male and who have sexual intercourse with a woman

in custody but not in the case of female public savants who have sexual

intercourse with a male in custody”; to continue to provide human rights

training for the police, the paramilitary, the armed forces and public servants;

strengthening the role of human rights cells in State police headquarters; and

to ensuring the guidelines set by the Supreme Court on arrest and detention

7 The final report of Reference on the Death Penalty, December 2000, The Advisory Council of Jurists. Asia Pacific Forum of National Human Rights Institutions, available at http:// apf. Mooball.net /acj / references /death-penalty /final. pdf

are met.8 The NHRC has failed to respond to the recommendations of the

Advisory Council of Jurists (ACJ) of the Pacific Forum of NHRIs.

3. No strategic planning

Apart from the statutory limitations, the other main reasons for the

ineffectiveness of the NHRC include the lack of a strategic planning. The

NHRC must have a mechanism to measure its performance and a strategy

with clear goals and objectives to be achieved within a given period of time.

The government of India and the State governments do not take the

recommendations of the NHRC seriously. Yet, the NHRC has failed to

develop and strategy as to how to make its recommendations work or at best

how to ensure that the government of India and the State government, as the

case may be, table the Annual Report or special report of NHRC along with

action taken reports in the Parliament and state Legislature respectively as

required under Section 20 of the HR Protection Act.

There is no follow-up mechanism in NHRC. Once directions are

issued, the NHRC simply expresses its helplessness if the directions are not

complied with by the State. The Protection of Human Rights (Amendment)

Act, 2006 has empowered the NHRC to approach the Supreme Court or the

High Court for enforcement of its directions. But because of lack of strategic

planning, the NHRC decides not to proceed with the cases further.

4. Limiting its statutory powers

8 Final report of Reference on Torture, December 2005, The Advisory Council of Jurists, Asia Pacific forum of National Human Rights institutions, available at http:// apf. Mooball.net /acj / references /acj-torture-report. pdf

The NHRC has not fully utilized its powers and functions as bestowed

upon it by the Protection of Human Rights Act 1993 (as amended in 2006).

Rather, it has sought to exercise the lowest denominator while dealing with a

complaint.

For example, the NHRC seldom invoked its power as stipulated in

Section 17(i)(a) that provides that “if the information or report is not received

(from the central government or State government) within the time stipulated

by the Commission, it may proceed to inquire into the complaint on its

own”. In most Cases, what the Commission did was to limit its powers by

closing the complaint on receipt of information or report from the concerned

authorities as provided in Section 17 (b), which states that the Commission

“may not proceed with the complaint and inform the complainant

accordingly” if it is “satisfied either that no further inquiry is required or that

the required action has been initiated or taken by the concerned Government

or authority”.

During 2004-2005, the NHRC disposed of 85,661 cases out of which

38,448 cases (44.8%) have been dismissed in limini, 21,465 (25%) disposed off

with directions and 25,748 (30%) cases have been concluded after receipt of

reports from the concerned authorities.9 As per the NHRC's Practice

Direction No. 10, when a case is disposed off with directions to be done by

the authorities, such cases shall be categorized as “compliance cases” and shall

be pursued by the Registrar of NHRC for ensuring compliance by the

concerned authorities. In cases where the concerned authorities fail to comply

within the stipulated time, “compliance cases” shall be again put up before the

9 NHRC’s Annual Report 2004-2005.

Commission for further directions in the matter. But in reality, there is no

follow-up by NHRC for the compliance of its orders/directions.

The Protection of Human Rights (Amendment) Act, 2006 has enlarged

the powers of the Commission. Under Section 18 (b) of the Act, the

Commission can approach the Supreme Court or the High Court concerned

for such directions, orders or writs as that Court may deem necessary. But

the Commission seems to be simply happy “not proceed with the complaint”

as provided under Section 17 (b).

5. Accused/Police Officer filing report to NHRC on his case

It has been the standard practice of the NHRC to close cases after

receiving reports from the concerned authorities without giving the

complainants/victims any opportunity to submit comments on the reports of

the authorities. The NHRC becomes satisfied with the reports from the

concerned authorities even if the investigations in the cases have been

conducted by the police officials who were accused in those cases.

In a complaint on 23 September 2002, Asian Indigenous and Tribal

peoples Network (AITPN) sought intervention of the NHRC against police

atrocities including torching of the houses at Hojaipur village under Diphu

police station, Karbi Anglong, Assam on 25 August 2002, According to

information provided by Dimaraji Mohila Samaj (Damaraji Women's

Organisation), Hojaipur branch of Assam, a combined police team

comprising of the Central Reserve Police Force, Black Panthers, Assam Police

etc. under the command of Mr. K K Sarma, Superintendent of Police of Karbi

Anglong attacked the Hojaipur village on 25 August 2002. The police team

allegedly dragged the villagers out of their houses and torched the houses to

ashes along with their belongings without any provocation. Many people

were rendered homeless and reduced to destitute. The police force

surrounded the village and did not allow the villagers to recover anything

from the burning houses. The NHRC registered a complaint (No.

100/3/2002-2003) and directed the State government of Assam to submit its

reply. In its reply the Assam government simply attached the report field by

Superintendent of Police, Mr KK Sarma against whom AITPN had filed its

complaint in the first place. Mr Sharma reported that “the so called victims of

the petitioners have burnt their own houses themselves for reason known to

them”.10 Yet, the Commission accepted the report of the Assam government

and happily closed down the case on 3.4.2005, proudly stating - “The

Commission has gone through the record. The Commission feels that a

detailed inquiry has already been conducted. There is no improbability in the

inquiry report. Thus, the Commission feels that no further action is called for

in this regard and the case is closed”.11

Such decisions of the NHRC allow the accused to be both the judge

and the jury. Under such illegal practices, the victims do not have any hope

of getting justice from the NHRC.

The NHRC must evolve some workable strategy to gain the

confidence of the common people. For example, under Section 14(1), the

NHRC can utilize the services of any officer or investigation agency of the

10Commissions and Conflicts: Briefing papers on the role of National Human Rights Institutions in Conflict Situations, Asian Centre for Human Rights, September 2004. 11 NHRC’s Case Details of File Number. 100/3/2002-2003.

Central Government or any State Government for the purpose of conducting

an investigation into a complaint of human rights violation. Under Section

14(5), the NHRC can “make such inquiry (including file examination of the

person or persons who conducted or assisted in the investigation)” to satisfy

itself about “the correctness of the facts stated and the conclusion, if any,

arrived at in the report submitted” to the NHRC. The NHRC must adopt

the same strategy and inquire into the correctness of the facts stated in the

report submitted by the concerned authorities including the person who had

investigated the allegations before closing any case.

6. Vacancies and non-utilization of funds

Due to lack of transparency, it is difficult to know die present total

staff strength of the NHRC. The NHRC does not provide any information

about its staff strength in its website. However, according to Annual Report

2004-2005 of the NHRC, the total sanctioned strength of the Commission

was 341 posts but as on 31 March 2005, the NHRC had only 326 officers and

staff, leaving a vacancy of 15 staff members.

The workload of the NHRC has increased many folds. This is evident

from the increase in the number of complaints received by the NHRC - from

496 complaints in 1993-94 to 74,444 complaints during 2005-06. As a result of

shortage of manpower in the NHRC, a large number of cases have been

pending with the NHRC.12 49,548 cases had been pending before the

Commission as on 31 March 2005.13 Another 74,444 complaints were received

12 Human Rights Day Address By Dr. Justice Sivaraj V. Patil, Acting Chairperson, National Human Rights Commission at Human Rights Day Celebration function at Stein Auditorium, India Habitat Centre, New Delhi, on 10 December 2006. 13 NHRC’s Annual Report2004-2005.

during 2005-06,14 making the total number of complaints to 1,23,992 as on 31

March 2006. But the NHRC could dispose only 80,923 complaints during

2005-06, which included complaints carried forward from the previous year,15

thereby leaving a total of 43,069 cases pending before the Commission.

Under Section 32 of the Protection of Human Rights Act 1993, the

NHRC receives financial assistance by way of grants from the Central

Government after due appropriation made in this behalf by the Parliament.

During 2004-2005 the Commission received Rs. 1070 lakhs under Non-plan

funding and Rs.188 lakhs under Plan funding from the Central government,-

But the NHRC spent only Rs.I063.51 lakhs under Non-plan and Rs.l88 lakhs

under Plan funding.16 A sum of Rs 6.49 had been left un-utilized.

7. Lack of Transparency

The NHRC virtually works in secrecy while handing complaints. Most

complaints are dismissed or closed down without informing the

complainants. Many cases have not been registered by the NHRC without

assigning any reason to the complainants.

The NHRC does not make its investigation reports public. Section 18

(f) of the Protection of Human Rights Act as amended in 2006 provides that

“the Commission shall publish its inquiry report together with the comments

14 Human Rights Day Address By Dr. Justice Shivaraj V Patil, Acting Chairperson, National Human Rights Commission at Human Rights Day Celebration function at Stein Auditorium, India Habitat Centre, New Delhi,on 10 December 2006. 15 Human Rights Day Address By Dr Justice Shivaraj V Patil, Acting Chairperson, National Human Rights Commission at Human Rights Day Celebration function at Stein Auditorium, India Habitat Centre, New Delhi, on 10 December 2006. 16 NHRC’s Annual Report 2004-2005.

of the concerned Government or authority, if any, and the action taken or

proposed to be taken by the concerned Government or authority on the

recommendations of the Commission.”

RTI Act

The NHRC seems to be one of the greatest enemies of the RTI Act,

2000. It has continuously refused to provide information on the works of the

Commission citing frivolous grounds.

8. Endangering the lives of HR defenders

The NHRC always forwards a copy of complaint to the concerned

.authorities -State governments, Ministry of Home Affairs, and Ministry of

Defence to reply to the allegations. This exposes the comptainants to the

authorities who can take retaliatory measures. Worst, in recent times the

officials of SHRC began to endanger the lives of the human rights defenders

by engineering their arrest from the premises of the SHRC.

In a shameful case, on 17 July 2007 Mr. Subash Mahapatra, Director of

Forum for Fact Finding, Documentation and Advocacy (FFDA) of

Chhattisgarh, was arrested by the police pursuant to a complaint filed by Mr

Dilip Kumar Bhat, Joint Secretary, Chhattisgarh State Human Rights

Commission in Raipur. Mr Mahapatra went to the State Human Rights

Commission to follow up the complaints of human rights violations filed by

the FFDA. When Mr, Mahapatra wanted to see the files, he was refused. One

of the junior officials allegedly sought illegal inducements from Mr

Mahapatra. This led to exchange of words, and Mr Bhat and others caught

hold Mr Mahapatra by collar and then called the Police. Mr Mahapatra was

detained under section 151 of the Criminal Procedure Code relating to arrest

for prevention of cognizable offence.17 Although Mr Mahapatra has been

released following intervention by the Asian Centre for Human Rights, there

has been no response from the NHRC about the ACHR's demand for

“immediate establishment of a two-member commission of inquiry consisting

of one Honourable Member of the NHRC and one Honourable member of

the NGO Core Committee of the NHRC” to inquire into the arrest and

detention of Mr. Subash Mahapatra at the behest of the officials of SHRC of

Chhattisgarh. Neither has Mr Diltp Kumar Bhat, Joint Secretary,

Chhattisgarh State Human Rights Commission been suspended from the

Commission.18 If the officials of SHRC are given such impunity how can the

common people have faith in the NHRC or SHRCs?

It is essential that the NHRC ensures that those who approach NHRC

or SHRC for seeking justice do not become victims of further harassment and

human rights violations by the staff of NHRC or SHRC.

17 Complaint of Asian Centre for Human Rights to NHRC dated 17 July 2007. 18 Complaint of Asian Centre for Human Rights to NHRC dated 20 July 2007.