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Hindi - People's watch

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2010 ANNI Report on the<br />

Performance and Establishment<br />

of National Human Rights<br />

Institutions in Asia<br />

The Asian NGOs Network on<br />

National Human Rights Institutions (ANNI)<br />

Originally compiled and printed by<br />

Asian Forum for Human Rights and Development (FORUM-ASIA)<br />

Now Printed<br />

On behalf of<br />

The All India Network of Individuals and Organizations working with NHRIs (AiNNI)<br />

by<br />

People’s Watch<br />

6, Vallabhai Road, Madurai-625002, Tamil Nadu, India.<br />

Phone: + 91-452-2539520, 2531874 Fax: + 91-452-2531874<br />

Email: info@pwtn.org Website: www.pwtn.org


PREFACE<br />

People’s Watch, as the Secretariat of the All India Network of Individuals and Organisations<br />

working with National Human Rights Institutions (AiNNI), has the pleasure of reproducing<br />

for the benefit of the Indian audience, relevant portions of the ANNI report 2010 on the<br />

performance of National Human Rights Institutions in Asia. People’s Watch has had the<br />

privilege of not only its Executive Director serving as a Member of the National Core Group<br />

on NGOs of the National Human Rights Commission (NHRC) of India since the year 2001<br />

till now but has also had the opportunity of working very closely with the NHRC of India<br />

by preferring several complaints right from the year 1998 till today. This had resulted in<br />

People’s Watch’s first publication focused on the functioning of the NHRC, titled “Hope to<br />

Despair” (2006). It is thereafter that People’s Watch further had the privilege of becoming a<br />

member of the Asian NGOs Network of National Human Rights Institutions (ANNI) and<br />

effectively contributing to the 2007, 2008, 2009 and now 2010 ANNI reports. This association<br />

with ANNI, coupled with People’s Watch’s own work with thousands of training programs,<br />

since its inception in 1995, across the length and breadth of this vast country, its innumerable<br />

publications in relation to creating awareness of the National Human Rights Commission<br />

of India, its powers, functions, achievements and challenges has provided it the special<br />

opportunity of appreciating Paris Principles of 1991 and their interpretation and expansion<br />

until June, 2009.<br />

ANNI has also helped People’s Watch to understand the urgency of creating a critical<br />

mass of individuals and organisations within the country to engage in a very close monitoring<br />

of the National Human Rights Institutions within the country, in particular the NHRC of<br />

India. It is this engagement of creating this critical mass in the year 2009 - 2010 that has led<br />

to the formation of the AiNNI.<br />

2010 is a critical year in the history of the NHRC of India since the NHRC will in the first<br />

quarter of 2011 be submitting itself for re-accreditation before the Sub-Committee of<br />

Accreditation of the International Coordination Committee on National Human Rights<br />

Institutions in Geneva. This perhaps will be the first time therefore that all Civil Society<br />

Organisations and leaders of the Civil Liberties and Human Rights Movement in India will<br />

together be mobilised and engaged in preparing a shadow report on the performance of the<br />

NHRC of India to be submitted at the time of its re-accreditation by the ICC.<br />

In order to lead to this process in truly participatory manner, the AiNNI is therefore<br />

pleased this year to reproduce the original overview as well as the chapter in relation to the<br />

NHRC of India in <strong>Hindi</strong> and English. We hope we would be able to do it in Tamil,<br />

Malayalam, Kannada, Telugu and a few more languages if possible. While doing so AiNNI


would like to make it clear that there cannot be any other Institution more relevant today<br />

for the actual protection and promotion of human rights in India than a body like NHRC<br />

which however has outlived the Protection of Human Rights Act of 1993 and therefore<br />

deserves a completely new, vibrant, powerful legislation to provide it the wherewithal to live<br />

up to the General Observations of the ICC to the Paris Principles of June 2009. Therefore,<br />

the criticisms contained in the book arise out of the passion of AiNNI to perform this role<br />

and to ensure that India is able to hold its head high among other Nations within and<br />

outside Asia. The challenges of an Institution moving from 400 complaints a year in 1993 to<br />

400 complaints a day in 2010 is daunting to say the least and this calls for a complete<br />

overhaul of the Institution, its composition as well as its staffing pattern to ensure its<br />

independence, accessibility, effectiveness and accountability to the society. AiNNI humbly<br />

therefore places this publication, hoping that this will lead to a process of major change in<br />

the NHRC - A change is that is long overdue. Let not the reader mistake the criticisms<br />

contained in this book which are perhaps hard to stomach, to wrongly point out that they<br />

are targeted at individuals. On the contrary, they are pointed to make sure the Government<br />

and the Parliamentarians of this country come to the rescue of the NHRC and provide it a<br />

complete overhaul to live up to the human rights challenges of India in 2011.<br />

I hope this will also lead to many more reports by collectives of Civil Society Organisations<br />

and AiNNI members in the different States about the performance and establishment of<br />

State Human Rights Institutions in India in the different States.<br />

Henri Tiphagne<br />

National Coordinator - AiNNI<br />

and<br />

Executive Director, People’s Watch


Yap Swee Seng<br />

Executive Director<br />

FORUM-ASIA

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