Human rights commissions in the country could do with more rights of their own, a former Chief Justice of India suggested on Saturday.
Reliance on State govts.
Speaking at the National Human Rights Commission’s Human Rights Day event here, Justice (retd.) P. Sathasivam, who is now the Governor of Kerala, said the NHRC and State Human Rights Commissions should be able to execute their own orders. At present, the commissions can take up cases of human rights violations and make recommendations for monetary compensation to victims, but have to rely on the respective State government to execute the order.
“The commissions, both national and in States, must have the right to execute their orders,” said Justice Sathasivam, adding that the Protection of Human Rights (PHR) Act, 1993, could be amended to that effect.
According to him, while the NHRC and SHRCs act as civil courts when it comes to summoning witnesses or documents, they lack the power to implement orders that the civil courts have. He referred to the alleged encounter of sandalwood smugglers in Andhra Pradesh where the NHRC had recommended a CBI probe, but the State government moved court. Later, the High Court stayed the proceedings in the case.
Justice Sathasivam also suggested that the NHRC could approach the Centre seeking an amendment in the PHR Act so that recommendations of the commissions are more effective. He added that legal literacy must be advanced in the country.
While Justice Sathasivam highlighted the need for more power to the commissions, others speakers at the event said the panels should focus on protecting the rights of the vulnerable.
Magsaysay award-winner and national convenor of the Safai Karamchari Andolan, Bezwada Wilson, said: “Protection of the rights of the marginalised, including Dalits, Adivasis, minorities and women, is the most important responsibility of the human rights commissions.”
Rampant violations
Mr. Wilson said that human rights violations, such as pellet injuries in Kashmir to the practice of manual scavenging, were still rampant. “The space where you can express your feelings is shrinking,” he added.
NHRC chairperson Justice (retd.) H.L. Dattu, meanwhile, reiterated the need to work towards a “just and equitable society” as per principles of the Constitution and the Universal Declaration of Human Rights, which were adopted by the United Nations General Assembly on December 10, 1948.
