The Government of India is apparently in the process of constituting a Human Rights Commission in India. The chief minister’s conference held last winter cleared the way for it though, interestingly, several chief ministers were conspicuous by their absence. The avowed objective of H.R.C. though not clear, so far, in the absence of availability of official documents pertaining to the specific proposals of Government of India, as well as the views and the decisions of chief ministers’ conference on H.R.C.
The picture is a bit hazy. The little that has surfaced in the press Statements of home minister indicate that it is not the concern for, Or sensitivity over, the violation of human rights that has prompted the government to initiate the process but, instead, the Government of India through this Commission, intends to dispel the adverse impression of its prestige abroad, and to counteract the effects of the various damaging reports of International Human Rights Organizations.
In that sense, the proposed H R C may be an exercise in cover up and 10 extricate the government from the embarrassment on account of publicity abroad about rampant violation of human nights in India. The International Organizations like Amnesty International and Asia Watch through their painstaking investigation into Specific instances which, in fact, are small fraction of the total reality, make startling revelations On torture, rape, death in custody and faked encounters in their periodical reports, published and distributed throughout the world, indict Government of India and Stale governments of several states for their dismal failure to protect and respect the human rights and lives from the dehumanized and partisan security forces in India. It is also understood that almost all the IDA member countries, influenced by above referred reports and the information they have gathered of their own resources, on the state of Human Rights in India, exert strong pressure on the Indian government to rectify the situation and to take remedial measures to restore the validity and sanctity of human rights in India.
In USA, Canada and European countries the political parties and the Parliaments of those countries have powerful cells consisting of distinguished and judicious minds, to monitor the stats of human rights in their own countries and other countries of the world. These cells are the most potent guarantee, to the citizens at large, in protection of their rights; the sensitivity and Concern of these institutions deter the movements from violating the nights of the citizens, and the watch. Groups of these cells have the right and they frequently visit police and jails to meet prisoners and detainees, to interview them, on the spot, on the treatment meted out to them, irrespective of the nature of crime, they are alleged to have committed. The press is very sensitive and vigilant and has its OWN agencies to investigate cases of violations of human rights by the state agencies and security forces.
Besides ensuring the protection of human rights in their own countries, these international agencies and cells watch the state of human rights in’ other countries and powerfully influence the policy of their Governments on foreign affairs and bilateral relations between their country and the other countries. Their voice is potentially a determining factor in sanctioning of foreign aid and disbursement of other help like arms to foreign governments.
All these international organizations and parliamentary human rights cells are extremely critical of Indian government’s handling of various movements and en mass denial of human rights in this country, All this impelled Government of India to explore reliable and acceptable, credible ways and means {o create a favorable impression abroad, to secure and ensure the free flow of foreign aid and investment. The proposal for H.R.C. emanated from these external compulsions. How far, and to what extent, these objectives of the governments would be realized through the proposed H.R.C. is anybody’s guess.
The Indian civil liberties and human rights organizations function is most vulnerable conditions. The police, security forces, the vested interests and even antisocial elements are openly, with vast resources at their command, hamper the human rights work at all levels. These organizations mostly investigate selected cases though certain very exceptional events such as the 1984 massacre of Sikhs in Delhi, and the ethnic riots in Kamataka over water dispute were investigated with due Objectivity. However, in those Cases to the government did not pursue the matter of render justice, There is virtually no movement in the country in defence of human rights or capable of thwarting such happening in future:
The limited resources, dearth of committed activists, the hostile and inhospitable environment, the pronounced opposition of police and security forces and vested interests, besides the colossal ignorance, apathy and cynical indifference of general masses, particularly in rural areas, are the major impediments in their work. ‘The rise of militant movements ‘complicates the scenario, The Indian state, though democratic in its public posture and profession, yet operates in an autocratic and oppressive manner, maybe because of autocratic traits inherited from the colonial rule and the rulers’ character, which is insensitive when in power. The irony of the situation is that movements both in the center and the states irrespective of the party affiliations, are determined to discredit and crush any minority Opposition, aspiring to democratic rights and local autonomy. ‘The recent unfortunate death of Mr.Neogy in mysterious circumstances and the ugly incident involving Dr.B.D.Sharma by BJP activists of Bastar in Madhya Pradesh, and similar humiliating treatment to Justice Ajit Singh Bains in the Congress ruled state of Punjab illustrate the close proximity of Congress and BJP, confirming beyond doubt that the governments of both the parties have neither the requisite sensitivity nor respect for human rights and constitutional responsibility towards human rights irrespective of their public profession. The continued enforcement of black laws such as TADA which simply negates the “Majesty of Rule of Law” and virtual degeneration of various Statutory bodies and the judicial institutions, the willingness and acquiescence of Parliament to confer vast powers upon the police and security forces, in the name of insurgency, militancy and terrorism have dangerous possibilities for our very existence as a humane society, It also demonstrates the shortsightedness of our present-day political elite and their cynical indifference to resolve the problems such as that of Punjab and Jammu & Kashmir in a realistic manner, The proposed H R C has thus to be viewed with suspicion. The government may extract favorable pronouncements from the HRC, as it has been securing from the Minority Commission.
In a country like ours, with diverse religious, lingual, cultural and plural societal orders and Susceptibilities, coupled with economic backwardness the freedom. Giving rise to divergent, at times antagonistic expectations and aspirations is natural and the ferment in the minds of different segments of population and its channelizing into agitations is all inevitable corollary, these agitations could be peaceful or otherwise, and consequent problems are bound to tax the best minds to resolve them. But to dump them as mere law and order problem amounts to denying the people their inherent rights and just fulfillment of legitimate aspirations.
This “law and order” syndrome led to the enactment of draconian laws, the grant of unbridled powers to police and other such agencies, the unjust branding of entire community through smearing and maligning campaigns, to characterize civil liberties as disguised associates of militants and their work as “cover to militants activities” and consequent en-mass denial of civil and constitutional rights and injustice to entire segment of population must call for fresh thinking, at all levels and appropriate resistance by right minded people throughout the country to such pervert thinking.
Since independence, the Congress party has been in power at the center, with short interruptions.
Naturally, Congressmen have come to believe that they alone are capable of running the country. The monopolization of power has bred arrogance and haughtiness and hence the consequent arbitrariness and corruption in the administration. The nexus between the politician, administrator and the police have wrought havoc as regards constitutional safezuards and, to expect the Indian government, as it stands today, to constitute a Commission which would probe into its own acts of omission and commission is, futile and unrealized. As such, the proposed HRC, besides discrediting the International Human Rights Organization, may fall in with the establishment’s idea about what constitutes Human Rights, There is an immediate need for all the Human Rights Organizations to Join together to voice their common concern and plan a concerted action to protect themselves, their activists and work from ominous onslaught by the government. They should express their views collectively about the proposed HRC, Despite pulls and pressures, the Indian Press have, by and large, stood for the defence of human rights focusing attention 6n violation of human rights and civil liberties. Most of the activists of human rights organizations are associated with the press and legal profession. For obvious reasons, and the International Human Rights Organizations draw heavily on Indian press, Free Press is the only vehicle left in India today to project and fight the violations of human rights and to provide an effective protection to individuals and collective rights of communities and organizations. As and when the real intentions of the government are known, it is expected that the press would take the an appropriate stand to make the: proposed HRC an effective institution and organ to protect human rights in India, People’s Union for Civil Liberties is first among the human rights organizations in India 1 air its concern and views on the proposed HRC in their resolution approved in its National Convention i Bombay last year, The PUGE dwelt upon the mode of apartments of member son HRG, on the role, jurisdiction and has also proposed some preconditions before the HRC is constituted to allay certain misgivings among the people, This document can be the: basis for deliberations of various Human Rights Organization in India as and when they come forward to evolve a consensus and strategy. The PUCL and kindred organizations need to plan a concerted campaign that the proposed HRC, when it finally emerges.
Docs not become another mouth piece of the state, rather it emerges as an effective instrument and institution on which the aggrieved victims of human rights violations: Can truly rely. (Courtesy: Sikh Review)
Article extracted from this publication >> May 7, 1993
