New
Delhi, 17th February,
2017. Mr. Justice Dalveer Bhandari, Member,
International Court of Justice today said that there
is not much appreciation of the work of the State
Human Rights Commissions by the State governments and
the NHRC should convene a meeting of Chief Ministers
with the Chairpersons of SHRCs to ensure that they are
effectively functioning towards promotion and
protection of human rights. They need to be provided
and strengthened with manpower, financial and
infrastructural resources. He was addressing, as the
Chief Guest, the inaugural session of the meeting of
NHRC and SHRCs in New Delhi today.
Lauding the work of the
NHRC, Justice Bhandari said that it is unparalleled in
the world with the number and types of complaints of
human rights violations it handles and the amount of
relief paid by the governments on its recommendations.
However, he said that there are still some areas,
where a lot needs to be done. These are: human
trafficking, homeless people living on pavements,
victims of terrorism, acute problem of air and water
pollution. He said that New Delhi has the dubious
distinction of being one of the worst polluted cities
in the world leading to death of several people.
Justice Bhandari said that like the NHRC, the
International Court of Justice also does not have
contempt powers but by virtue of the respect it
commands, most of its directions are accepted. And in
this context, he underscored the significance of the
judgment by the Allahabad High Court on the 8th April,
2016, wherein setting aside the challenge against the
recommendation of the Commission in a case, the
Government of Uttar Pradesh was told that the
recommendations by the NHRC cannot be set aside with
impunity merely on the ground that it is a
recommendatory body.
Earlier, Mr. Justice
H.L. Dattu, Chairperson, NHRC said that Human Rights
Commissions were envisaged under the Protection of
Human Rights Act with the understanding that
government(s) would act on their recommendations on
the complaints of human rights violations. But there
are many hindrances, which, the SHRCs continue to face
in discharging their mandate effectively. The most
acute, perhaps is the lack of adequate infrastructural
human as well financial resources for which each state
needs to work proactively. So far, 26 States have
established SHRCs. However, even in these States, a
lot needs to be done, including filling up of vacant
positions of Chairperson and Members, to ensure their
functional autonomy.
He said that the
geographical expanse of India, the diversity of its
population, widespread poverty, illiteracy and lack of
human right awareness among civil societies and public
functionaries, make the realization of human rights an
arduous endeavor. Social and economic deprivation,
including lack of access to adequate healthcare, food,
education and other social goods and services further
exacerbate the human rights deficit in the country.
These multiple challenges in the realization of human
rights cannot be achieved without the cooperation of
governments to the National and State Human Rights
Commissions. He said that the NHRC has sent its
recommendations to then Chief Ministers of State
Governments and Prime Minister of India about the
minimum basic structure manpower and financial needs
of SHRCs which it is following up.
The NHRC has also
proposed to the Government of India for suitable
amendments for the PHR Act, making the way for setting
up of Human Rights Commissions in Union Territories
also. It has also taken up the issue of changes in the
Act for the setting up of human rights courts and
their effective functions. The meeting
is divided into four sessions, chaired. These are:
Amendment to PHR Act, 1993, Functional and Financial
Autonomy, Issues regarding Human Rights Defenders,
Training and Awareness Programmes, Complaint
Management System and some other issues of common
concern for the NHRC and SHRCs. Besides the NHRC
member, Mr. Justice D. Murugesan and senior officers,
Chairpersons, Members and senior officers of the
SHRCs are participating in the discussions. |