annual report print final.qxd - Asian Centre for Human Rights

INDIA HUMAN RIGHTS REPORT 2005 NHRC’s Inefficiency
Asian Centre for Human Rights
(ACHR) can unequivocally assert that its
observations are not based on assumptions
or hearsay but consistent and systematic
engagement with the NHRC.
Undoubtedly, NHRC has played a critical
role and continues to play a critical role for
the protection and promotion of human
rights in India. However, for those who
engage with the NHRC, it is only a
database centre for human rights
violations. The NHRC suffers from
serious credibility crisis.
II. Statutory limitations
Among the statutory limitations, four
key issues of concern are the lack of
plurality, keeping the armed forces out of
the purview of the NHRC and the
requirement of prior permission to visit
prisons.
a. Lack of plurality
The composition of National Human
Rights Commission does not reflect the
plurality as required under the Paris
Principles on National Human Rights
Institutions. Although Chairman of the
National Commission for Scheduled
Tribes, National Commission for
Scheduled Castes, National Commission
for Women and National Commission for
Minorities are included as statutory
members, these members are busy with
their own commissions. Effectively, there
is no representation from the Scheduled
Castes, Scheduled Tribes, Women and
Minorities. So much for plurality, NHRC’s
286
website on the composition of the
Commission does not even include the
National Commission for Scheduled
Castes and National Commission for
Scheduled Tribes!
b. Lack of jurisdiction over the armed
forces
According to 2003-04 Annual Report
of Ministry of Home Affairs, India faces
intensive internal armed conflicts in
Assam, Arunachal Pradesh, Jammu and
Kashmir, Meghalaya, Manipur, Mizoram,
Nagaland and Tripura. In addition, Indian
states of Andhra Pradesh, Bihar,
Chattisgarh, Orissa, West Bengal, Madhya
Pradesh, Maharashtra, and parts of Uttar
Pradesh are afflicted by left wing
Naxalites movement against inequity and
social injustices. In most of these
situations, armed forces have been
deployed.
Yet, under Section 19 of the Human
Rights Protection Act, NHRC does not
have jurisdiction over the armed forces of
the government of India who are
responsible for gross and widespread
human rights violations in armed conflict
situations. It has a detrimental effect on
NHRC’s effectiveness 1 , particularly in
view of the human rights violations by the
armed forces.
c. Prison visit
The need to provide prior intimation
to the authorities for visiting any jail or
any other institution under the control of
the State Government, where persons are