The 55^th Session of the United Nations Commission on Human Rights considered the item on National Institutions between 19 – 22 April 1999. Some 20 National Institutions took part in the debate including the National Human Rights Commission of India.

In an important development, the UN Commission on Human Rights made special arrangements for the participation of National Institutions in their own right, and with a status distinct from others, in the proceedings of the Commission.

In a parallel meeting of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights which also held at that time, the National Human Rights Commission of India was unanimously asked to continue for the fourth consecutive year as the Chairman of the committee.

The NHRC was represented at this meeting by its Members Shri Virendra Dayal and Justice Shri V.S.Malimath. Addressing the Session on behalf of the Commission, Shri Virendra Dayal expressed his happiness at the arrangements made for National Institutions to participate in their own right in the work of the UNHRC and expressed the hope that National Institutions which are independent and based on "Paris Principles", would be accorded a similar right of participation in other meetings of the United Nations when human rights were the focus. He felt this to be necessary as National Institutions have a voice and a competence that is distinct from both Governments and NGOs. They are the much needed "third force" required for the Promotion and Protection of Human Rights at the country level – a force that has been missing too long.

Shri Dayal observed that, already, National Institutions around world are working closely and constructively together, assisting each other through the exchange of ideas, and personnel and experience. These Institutions are also generally devoid of the political divisiveness that has, too often, marred and set back the global cause of human rights.

Speaking about the Indian National Human Rights Commission, Shri Dayal said that the Commission has established its for reputation for independence and integrity, worthy of the trust placed in it. This has been expressed most dramatically in the ever-increasing number of complaints addressed to the Commission seeking redressal of grievances. In the five-and half years of its existence, the Indian Commission has received some 120,000 complaints of which some 40,000 were registered in the past 12 months alone. As of 31 March 1999, all but 20,000 complaints had been considered and dealt with. The decisions of the Commission have invariably been complied with.

Shri Dayal also observed that the National Human Rights Commission of India had been deeply shocked and pained by attacks on members of the Christian Community in certain parts of India. Indeed, vast numbers of Indians, in all walks of life and all levels of Government and society: have expressed their outrage at these attacks. The Commission had taken the view that the menace that such violence represents, which threatens the pluralistic character of the country and constitutionally guaranteed human rights, must be firmly and promptly checked. Adequate measures should alsotaken, both by the Central and State Governments to prevent the recurrence of such tragic events. It has also emphasised that it is imperative to bring to book all those who have violated the laws of the land.

Notice issued to UP Police

Uttar Pradesh police has been ordered to pay interim compensation of Rs.15,000/- to the next of kin of a girl, Reshma, who died due to police violence.

The Commission’s attention was drawn to the news item "girl beaten to death by rifle butts by police," which had appeared in the daily "Dainik Rashtriya Sahara" of 31 August 1998. The news item also indicated that two constables, the Village Pradhan and Reshma’s husband have been sent to jail after registration of a case under Section 302 of the Indian Penal Code.

In response to a notice issued by the Commission on 21 January 1999, the Director General of Police, Uttar Pradesh, submitted a report to the Commission. The report confirmed the victim Reshma had been beaten to death by the Police. A case had been registered and challan filed in the court against all the accused including four policemen, allegations against who had been found to be true. The concerned police officials had been kept under suspension and the case was pending before the court. The report also indicated that the District Magistrate had given financial assistance to the father of the deceased.

Having regard to these circumstances, the Commission on 5 May 1999 recommended grant of interim compensation of Rs.15,000/- to the legal representatives of the deceased. The Commission has also asked the UP Police to pay the amount within 6 weeks and send the compliance report to the Commission.

Commission orders damages to boy beaten up in police station

The National Human Rights Commission directed the Rajasthan Government to pay compensation of Rs.15,000/- to a 10-year-old boy who was grievously beaten in a police station. It also recommended that suitable action be taken against the guilty police officials.

Taking cognizance of a report appearing in a newspaper that some police officials had beaten the boy, Rahul, mercilessly at the Alwarganj Gate police station of Ajmer, the Commission asked the Government to pay compensation to the boy and his mother, who was also ill-treated by the policemen.

The report published in an October 1997 edition of Dainik Bhaskar stated that Rahul’s father, Pradeep Sharma, was arrested and detained at the police station in a case of theft involving a gas cylinder and Rs.450. When his wife, Sunita, went to the police station to inquire about her husband, she was asked to bring Rs.2,500/- towards the cost of the cylinder and the stolen cash.

However, she could not pay the amount and returned to her place when, at about 10 p.m., the SHO, Dinesh Vohra, sent two constables to bring her to the police station. When Sunita reached there with Rahul she was asked to deposit Rs.2,500/-. On her plea that she could not arrange the amount, she was asked to part with her gold chain and earings. The policemen misbehaved with her and Rs.500/- was snatched from her purse, the report alleged.

At this, Rahul became emotional and dared to ask the SI from where his mother could bring this money. This prompted the policemen to beat Rahul mercilessly at the police station. When Ms. Sunita approached the District Magistrate, he ordered a medical examination, which revealed that the boy had as many as 14 injuries and a fracture in the wrist.

However, when the NHRC issued notice to the State Government seeking its response within four weeks, a report sent by the Superintendent of Police, Ajmer said that Sunita had come to the police station with her mother, brother and a neighbour and that when she was given the information regarding her husband’s arrest, she refused to accept the written information and, instead, threatened to falsely implicate the SI in the court. The report further said that she then started thrashing her son, and that a case had been registered in that regard. The report denied that Rahul was brought to the police station or that Sunita was called there as alleged in the complaint. According to the report, Rahul was beaten by his mother to manipulate a case against the police it was added that the other allegations relating to the snatching of her cash and ornaments could not be substantiated, it added.

The Commission, however, felt that this report was self-contradictory as it said that Sunita thrashed her son at the police station, making him unconscious, to falsely implicate the policemen. At the same time, it also said that the presence of Rahul in the police station could not be substantiated. If Rahul was not present in the police station, he could not have been thrashed over there, nor a report regarding this registered. Besides, it appeared improbable to the Commission that Sunita could have caused such grievous injuries to her son with the sole purpose of implicating the policemen, especially when her husband was in the lock-up and she herself was distressed.

It was substantiated that injuries were caused to Rahul at the police station as he was medically examined under the orders of the District Magistrate. So there was no probability of them being self-inflicted, the Commission said. Besides, the complainant’s version, that she had to part with ornaments to compensate for the Rs.2,500/- for which her husband had been detained, seemed more probable to the Commission.

Commission's recommendation accepted by Ministry of Home Affairs

The Commission in its order had stated that the issue concerned Article 21 of the Constitution relating to the Protection of Life. In these circumstances, even while taking fully into account the most serious views that had been expressed by the Home Ministry in regard to Shri Lone’s antecedents and the past reasons for the denial of travel documents, the Commission considered it its duty at this stage to observe that the over-riding issue, now, related to the right to life itself. And in the present circumstances facing Shri Lone, respect for this right would necessarily imply that he be allowed to travel abroad to seek such further medical advice and treatment as he considered essential to survival.

The Commission accordingly recommended that the Government of India take immediate action and inform the Commission about it by 15 March 1999. The Commission left it to the government to make appropriate restrictions in respect of travel documents in regard to such matters as their duration and the countries for which they will be valid.

Shri Lone had earlier, in a petition to the Commission, complained of gross violation of his rights as the Government had been withholding his travel document since 1994, thus not allowing him to travel abroad for treatment of his serious cardiac problems. He had further complained that his medical treatment at the premier Escorts Hospital had not succeeded in arresting his failing health.

In a letter from the Ministry of Home Affairs dated 6 May 1999, the Commission has been informed that, pursuant to its recommendation and in view of Shri Lone’s failing health the Government had agreed to permit him to travel to the USA for medical treatment. His passport would be valid for a period of 3 months.

The Commission has placed his record its appreciation of the responses of the Ministry of Home Affairs’ to the recommendations made by the Commission.

Commission Represented in Meeting on Police Reforms

The zonal meeting of Regional Home Secretaries and IGs of Prison was held on 19 April at the Regional Institute for Correctional Administrative on (RICA) Chandigarh. It was organised by the Punjab State Human Rights Commission. Shri Sudarshan Agarwal, Member, and Shri Sankar Sen, Special Rapporteur of the Commission represented the National Human Rights Commission in the meeting.

Speaking on the occasion, Shri Sudarshan Aggarwal, drew attention towards mal-administration and the prevailing conditions in prisons. He mentioned that the recommendations of the various reform committees have remained unimplemented. The Supreme Court through various judgements has highlighted that the rights of prisoners should not be overlooked. He identified several areas, including medical examination of prisoners, segregation of undertrials and convicts, arrangements for escorting prisoners to courts, training of prison personnel, which deserve immediate attention. In this regard, he mentioned that he had written a letter to the Rotary clubs all over the country, as a result of which he was informed that the Rotary Clubs in Bangalore had got 2500 inmates medically screened.

Shri Sen mentioned that the NHRC gives considerable importance to prison reform and it recognizes that there is a need for systemic reforms in this area. The NHRC has circulated a specific plan and the discussion at the meeting was held with reference to it. The areas covered related to medical examination of prisoners, arrangements for escorting them to courts, changes required in procurement, cooking and catering of food in prisons, steps which can be taken to reduce congestion in prisons and segregation of prisoners to effectively implement reform; an improved system of `visitors’ for prisons and adoption of a standard prisons manual.

The main points that emerged after deliberations in the meeting were: