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
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.
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.
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.
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.
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.
125
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
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.
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.
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
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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
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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,
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
197
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
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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.
206
BIBLIOGRAPHY
PRIMARY SOURCES
ANNUAL REPORTS
Annual Report, NHRC (1994 – 1998).
Annual Report, SHRC (1997 – 1998).
Annual Report - People’s Watch (2002 – 2007).
CASES
A.R.Antulay Vs. R.S.Naiyak AIR 1992 SC
Bachan Singh Vs. State of Punjab, AIR 1982 SC
Charles Gurumuk Sobhraj Vs. Delhi Administration (1978) 4 SCC
Daya Singh Vs. Union of India, AIR (1991) SC 1548; (1991) 3 SCC
Express News Papers Vs. Union of India, AIR 1958 SC.
Govind Vs. State of M.P., (1975) 2 SCC 148, 156, 157 AIR 1975, SC
M.H.Hoskot Vs. State of Maharastra, (1978) 3 SCC
Hussinara Khatoon Vs. Home Secretary State of Bihar, (1980) SCC
Kharak Singh Vs. State of U.P (1964) 1 SCR 351 (SB); AIR 1963 SC
Kishore Vs. State of Rajastan, AIR 1981 SC
M.C.Mehta Vs. Union of India (1987) 4 SCC
Menaka Gandhi Vs. Union of India (1978) 1 SCC 280(SB); AIR 1978 SC
Munna Vs. State of U.P AIR 1981 SC
NHRC, Case No: 14971 / 24 / 1997 – 1998.
NHRC, Case No: 422 / 18 / 1998 – 1999.
NHRC, Case No: 9133 / 24 / 1998 – 1999.
NHRC, Case No: 443 / 1 / 2001 – 2002.
NHRC, Case No: 525 / 30 / 2002 – 2003
207
NHRC, Case No: 1775 / 35 / 2003 – 2004.
Paramanad Katara Vs. Union of India, AIR 1989 SC
R.Rajagopal Vs. State of Tamilnadu AIR 1995, SC
Reliance Petrochemicals Ltd Vs. Proprietors of Indian Express News Papers,
Bombay Pvt. Ltd; AIR 1989 SC
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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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.