annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
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INDIA HUMAN RIGHTS REPORT 2005 NHRC’s Inefficiency<br />
detained or lodged <strong>for</strong> purposes of<br />
treatment, re<strong>for</strong>mation or protection to<br />
study the living conditions of the inmates<br />
defeats the purpose of prison re<strong>for</strong>ms.<br />
d. Procedures <strong>for</strong> appointment<br />
The appointment of Mr P C Sharma,<br />
<strong>for</strong>mer Director of Central Bureau of<br />
Investigation has been challenged be<strong>for</strong>e<br />
the Supreme Court. As the Supreme Court<br />
has observed, there is nothing wrong with<br />
the procedures <strong>for</strong> appointment of Mr<br />
Sharma as a member of the Commission. 2<br />
The critical issue is the conflict of interest<br />
when a police officer is appointed as a<br />
member of the NHRC when most<br />
allegations of human rights violations are<br />
against the police. The issue of conflict of<br />
interest is not restricted to Mr Sharma but<br />
extends to the staffing of the NHRC who<br />
serve on deputation from various<br />
Ministries.<br />
Even though the then leader of<br />
Opposition, Mrs Sonia Gandhi, was part of<br />
the panel but she <strong>report</strong>edly did not<br />
respond to the intimation sent to her on the<br />
appointment. 3 The Congress party while in<br />
opposition described the appointment of<br />
Mr Sharma as “highly regrettable”. The<br />
party did not favour the appointment<br />
because Mr. Sharma, as the CBI chief, had<br />
acquired the “odious reputation of being a<br />
pliable police officer,” the AICC chief<br />
spokesperson, S. Jaipal Reddy said. He<br />
had “connived in sabotaging” the Ayodhya<br />
case, he alleged. 4 Yet, the UPA government<br />
led by the Congress in its affidavit<br />
supported Mr Sharma’s appointment.<br />
In July 2005, the People’s Union of<br />
Civil Liberties (PUCL), which had<br />
challenged in the Supreme Court the<br />
appointment of Mr Sharma as National<br />
<strong>Human</strong> <strong>Rights</strong> Commission (NHRC)<br />
member, has sought the review of court’s<br />
order approving his selection. 5 The<br />
question is whether the Supreme Court<br />
could regulate conflict of interest when<br />
those who are supposed to nominate<br />
members of the NHRC do not their job.<br />
III. Operational inefficiency<br />
More than the statutory problems, it is<br />
the operational inefficiency of the NHRC<br />
that has been hampering its effectiveness.<br />
The operational inefficiency ranges from<br />
simply non-recognition of complaints to<br />
violation of cardinal principle of<br />
jurisprudence.<br />
a. Non-registration of complaints<br />
In its 2003-2004 Annual Report,<br />
NHRC states that it has taken 3,75,758<br />
cases in its first 10 years. One wonders as<br />
to how many of the complaints were<br />
simply not registered. ACHR did not<br />
receive any acknowledgement on a large<br />
number of complaints (please look into the<br />
web edition <strong>for</strong> details) despite the<br />
complaints being hand delivered.<br />
b. Denial of the right to in<strong>for</strong>mation: No<br />
response from the NHRC<br />
“The delays (in making its <strong>annual</strong><br />
<strong>report</strong>s public) have amounted to the<br />
denial of right to in<strong>for</strong>mation. The delay in<br />
tabling the <strong>annual</strong> <strong>report</strong> be<strong>for</strong>e Parliament<br />
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