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 />
passed, not a single Chakma and Hajong<br />
has been granted citizenship pursuant to<br />
the Supreme Court judgement. The NHRC<br />
has failed to follow up implementation of<br />
its own case.<br />
IV. Conclusions and<br />
recommendations<br />
It is beyond the powers of the NHRC<br />
to address the statutory limitations. The<br />
NHRC has indeed raised many of these<br />
issues. Chairman of the NHRC Justice A S<br />
Anand has regretted that amendments to<br />
the <strong>Human</strong> <strong>Rights</strong> Act are yet to be<br />
implemented despite the commission’s<br />
recommendations about five years ago. 6<br />
While the attitude of the government of<br />
India remains condemnable, what about the<br />
operational inefficiencies of the NHRC?<br />
NHRC in fact cannot make any excuse.<br />
There is no need <strong>for</strong> statutory changes to<br />
address operational inefficiencies but mere<br />
instructions from the Chairperson or the<br />
Secretary General to clear up the clogged<br />
up system. In this regard, <strong>Asian</strong> <strong>Centre</strong> <strong>for</strong><br />
<strong>Human</strong> <strong>Rights</strong> makes the following<br />
recommendations to the NHRC.<br />
- NHRC must establish an in-house<br />
complaint mechanisms against<br />
non-registration of complaints etc;<br />
- NHRC must make it mandatory to<br />
provide all the responses from the<br />
State to the complainants<br />
WITHOUT ANY CENSORSHIP.<br />
If the State authorities request to<br />
keep certain in<strong>for</strong>mation<br />
confidential, the complainant<br />
must be in<strong>for</strong>med to enable<br />
him/her to take necessary<br />
measures including appealing to<br />
the NHRC or the courts;<br />
- NHRC must set a specific time<br />
frame within which the responses<br />
from the state authorities be<br />
<strong>for</strong>warded to the complainant;<br />
- NHRC should develop a<br />
computerized system where all<br />
the complaints must come up <strong>for</strong><br />
scrutiny/follow up every six<br />
months;<br />
- NHRC should develop<br />
mechanisms to consider appeals<br />
against the closure of complaints<br />
on frivolous grounds;<br />
- NHRC must develop mechanisms<br />
to protect the complainants and<br />
order not to provide the addresses<br />
of the complainants to the<br />
authorities if so requested and that<br />
NHRC must publicise in its<br />
website that the complainants can<br />
request to remain unanimous;<br />
- NHRC must order that under no<br />
circumstances, the police officer/s<br />
against whom the allegations are<br />
pending be requested to conduct<br />
the inquiries against<br />
himself/herself;<br />
- NHRC must create a separate unit<br />
<strong>for</strong> implementation of its<br />
judgements or orders obtained<br />
from the courts. ■<br />
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