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

INDIA HUMAN RIGHTS REPORT 2005 NHRC’s Inefficiency
Asian Centre for Human Rights was never
given any information about the
proceedings despite that NHRC received
report from the State government of
Tripura on 12.1.2003 and 3 December
2004. Even though the victim was killed
by the police, the State Government of
Tripura took “a decision to provide
assistance to the next of kin of Jitendra
Reang under the assistance to the victims
of extremists violence”.
In another case, pertaining to the gang
rape of a Reang tribal girl by three Special
Police Officers of Tripura Police on 26
May 2003 (Case No. 5/23/2003-2004-
WC/UC), the NHRC did not provide any
information to the Asian Centre for
Human Rights except the
acknowledgement on 6 June 2003 and its
final order on 1 January 2005. The NHRC
held proceedings on 21.7.2004 and
15.9.2004.
Whether NHRC should share the
responses from the State authorities
depends on the whims and fancies of the
individual member of the NHRC or
possibly the Assistant Registrar. As the
above cases show, it is not mandatory for
NHRC to involve the complainant and it
delivers ex-parte order without giving any
opportunity to the complaint to submit his
or her comments. It is a sacrilege of
justice.
d. Dismissal of complaints on frivolous
grounds
NHRC often dismisses the complaints
on frivolous grounds. While NHRC takes
little action when the State authorities fail
to provide response within stipulated time,
if the complainant cannot provide the
information in time, the cases are
summarily closed.
Asian Centre for Human Rights vide
its written complaint dated 5 July 2004
filed a complaint (No.44/3/2004-2005-
WC/UC) seeking the intervention of the
National Human Rights Commission into
the gang rape of an Adivasi woman of
Padmapakuri village under Gossaigaon
police station in Kokrajhar district of
Assam by three jawans of the 11th J & K
Light Infantry Regiment during the night
of 29 June 2004. On 16 September 2004,
the NHRC sent a copy of the Action Taken
Report of the Superintendent of police of
Kokrajhar district to the ACHR. The
Commission sought the comments of the
ACHR in response to which the AHCR
requested the Commission to direct the
State Government of Assam to submit
findings and recommendations of the
magisterial enquiry. As the findings and
recommendations of the magisterial
enquiry was a part of the action taken by
the State Government of Assam, it was
necessary for ACHR to have a copy of the
same to make its comments and therefore,
ACHR requested the commission to send a
copy of the same. On 8 February 2005, the
Commission informed the complainant
that the case has been close for non-receipt
of comments of the complainant!
NHRC is a law unto itself without any
established appeal mechanism!
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