BOMBAY: The national convention of the Peoples Union for Civil Liberties (PUCL) has expressed the view that the proposed human rights commission could serve a useful purpose only if it was recognized that human rights in India were regularly violated by the law enforcement machinery.
Speaking to reporters at the end of the two day convention Nov.1 the adviser to PUCL Justice Y.M Tarkunde said: The purpose of the commission must be to prevent such frequent violations of human nights and not to create an illusion in international circles that human rights were protected by the government of India.”
To enable the commission to discharge its functions objectively the members should be selected by a body independent of the executive such as Supreme Court judges he added.
The commission’s main function should be to investigate the alleged human rights violations and recommend suitable action against the culprits Tarkunde said.
He said the commission should trained investigative machinery which should be different from the security forces and under the exclusive control of the commission.
He said the commissions proceedings should be open to the public and have the jurisdiction to probe the alleged misdeeds committed by military and paramilitary forces against the civil population. However it was for the law enforcement machinery and not the commission to investigate the private crimes including those committed by militant groups.
He demanded the abolition of laws like TADA and provisions giving judicial powers to executive magistrates. A law should be passed to create “presumption of guilt” of policemen in charge of police stations and other places of detention in respect of custodial crimes including deaths in encounters he said.
In the discussion on “Women and human rights” Dr.Aloo Dastur referred to the traditional denial of life itself to women in India manifested in sati and dowry deaths.
She emphasized the need for both men and women to jointly ensure that the “mindset” was changed and the rights available to women ware enjoyed by them.
“Even if you do not agree with someone it does not mean that you shall disrobe him. It is the height of insolence that instead of condemning the incident and apologizing for it you lay the blame for it on the victim himself” said the leader of the opposition Shyama Charan Shukla
Dr.B.D.Sharma believes that the region should be kept out of the development process. His opposition to the Rs 3000crore SM groups steel plant project hurts the interests of the BJP government. Dr.Sharmas ways of protest did not find favor even with the Congress government though the Congress leaders have condemned the incident.
Patwa for whom the project is a landmark in his two and half year rule cannot countenance any Opposition to it.
The organizations which are reported to have taken a stand against Dr.Sharma were not known to exist before the opposition to the steel plant surfaced. The evolution of these organizations seems to be a part of the strategy to nullify the opposition to the steel project and other proposed industries.
Though the chief minister has promised an inquiry into the incident so far only the local police have started investigations on the basis of a complaint filed by Dr.Sharma.
Article extracted from this publication >> November 13, 1992
