ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

HUMAN RIGHTS ASSIGNMENT

ROLE OF NHRC IN RELATION TO TRIBAL GROUPS

Submitted By:SHAHRUKH AHMAD 3rd Year, 5th Semester J.M.I

1|Page

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

ACKNOWLEDGEMENT

I have taken efforts in this project but it wouldn't have been possible without the support of many individuals. I would like to extend my sincere thanks to all of them. I am highly indebted to Dr. Ghulam Yazdani for his guidance and constant supervision as well as for providing necessary information regarding the project and also for his support in completing the project. My thanks and appreciations also go to my friends in developing the project and people who have willingly helped me out with their abilities.

SHAHRUKH AHMAD

2|Page

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

CONTENTS
INTRODUCTION Establishment of National Human Rights Commission Functions and Powers of the Commission Functional Approach of the Commission Inquiry into Complaints Steps After Inquiry BIBLIOGRAPHY

3|Page

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

INTRODUCTION

The National Human Rights Commission (NHRC) of India is an autonomous statutory body established on 12 October 1993, under the provisions of The Protection of Human Rights Act, 1993 (TPHRA). Respect for the dignity of an individual and striving for peace and harmony in society, has been an abiding factor in Indian culture. The Indian culture has been the product of assimilation of diverse cultures and religions that came into contact in the enormous Indian sub-continent over time. The international community has recognized the growing importance of strengthening national human rights institutions. The Government of India did realize the need to establish an independent body for promotion and protection of human rights. The establishment of an autonomous National Human Rights Commission (Commission) by the Government of India reflects its commitment for effective implementation of human rights provisions under national and international instruments.

Fourteen Indian States have also set up their own human rights commissions to deal with violations from within their states. The Act contains broad provisions related with its function and powers, composition and other related aspects. Section 2 (d) of the Act defines human rights as rights relating to life, equality and dignity of the individual guaranteed by Constitution or embodied in the international covenants and enforceable by Courts in India.

There is a well organised investigation division within the Commission. The primary duty of this investigation division is to look into complaints received by the Commission. For this purpose the investigation team makes on the spot investigations. The Act outlines the investigative role of the Commission

4|Page

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

Establishment of National Human Rights Commission

The Government of India did realize the need to establish an independent body for promotion and protection of human rights. The establishment of an autonomous National Human Rights Commission (Commission) by the Government of India reflects its commitment for effective implementation of human rights provisions under national and international instruments. The Commission is the first of its kind among the South Asian countries1 and also few among the National Human Rights institutions, which were established, in early 1990s. The Commission came into effect on 12 October 1993, by virtue of the Protection of Human Rights Act 1993.2 Fourteen Indian States3 have also set up their own human rights commissions to deal with violations from within their states. The Act contains broad provisions related with its function and powers, composition and other related aspects.4 Section 2 (d) of the Act defines human rights as rights relating to life, equality and dignity of the individual guaranteed by Constitution or embodied in the international covenants and enforceable by Courts in India.

The Indian Constitution provides certain rights for individuals in Part III of the Constitution, which are known as the fundamental rights5. Part IV sets out the Directive Principles6 of State Policy. While the former guarantees certain rights to the individual, the latter gives direction

The Human Rights Commission of Sri Lanka was established under the Human Rights Commission of Sri Lanka Act, No. 21 (1996) and became operational in September 1997. The National Human Rights Commission (NHRC) of Nepal is an independent and autonomous statutory body established in the year 2000 under the Human Rights Commission Act 1997. 2 The Commission was constituted by an Act of Parliament. The Act is divided into eight Chapters consisting of 43 Articles. Special powers conferred to the Commission und er Article 10 ( c) which says, the Commission shall regulate its own procedure. There are 19 Articles under Procedural Regulations. 3 The fourteen States are: Assam, Chhattisgarh, Himachal Pradesh, Jammu & Kashmir, Kerala Madhya Pradesh, Maharashtra, Manipur, Orissa, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal. See http://www.nhrc.in, visited on 12/11/2012 4 See for details, The Protection of Human Rights Act 1993 with Procedural Regulations. 5 Manoj Kumar Sinha, Implementation of Basic Human Rights ( Manak Publications, New Delhi, 1999), pp. 183-191. Articles 12 to 35 of the Indian Constitution deal with Fundamental Rights. 6 Articles 38 to 51-A contain the Directive Principles of State Policy. The idea to have such principles in the Constitution has been borrowed from the Irish Constitution. The Directive Principles are not enforceable by the Court.

5|Page

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

to the State to provide economic and social rights to its people in specified manner. The word fundamental means that these rights are inherent in all the human beings and basic and essential for the individual. However, the rights guaranteed in the Constitution are required to be in conformity with the International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights in view of the fact that India has become a party to these Covenants by ratifying7 them. The justiciability of fundamental rights is itself guaranteed under the Indian Constitution.8 The responsibility for the enforcement of the fundamental rights lie with the Supreme Court by virtue of Article 32 and by Article 226 to the High Courts.

The Constitution of the Commission dealt with in Chapter II of the Act. Section 3 of the Act says:, the Central government shall constitute a body to be known to the National Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act. 2. The Commission shall consist of (a) A Chairperson who has been a Chief Justice of the Supreme Court; (b) One Member who is, or has been a judge of the Supreme Court; (c) One Member who is, or has been the Chief Justice of the High Court; (d) Two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.

3. The Chairpersons of the National Commission for Minorities, the National Commission for the Scheduled Castes and Scheduled Tribes and the National Commission for Women shall be deemed to be Members of the Commission for the discharge of functions specified in clauses (b) to (j) of section 12. 4. There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and shall exercise such powers and discharge such functions of the Commission as it may delegate to him.

th

India ratified both instruments on 10 April 1979. 8 D.D.Basu, Human Rights in Constitutional Law (New Delhi, Prentice Hall, 1994)

6|Page

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

5. The headquarters of the Commission shall be Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in India. The appointment of the Chairperson and other Members are elaborately discussed under Section 4 of the Act.9 The other provisions relate to the removal of a member of the Commission,10the term of office of Members,11 a member to act as a Chairperson or to discharge his functions in certain circumstances,12 the terms and conditions of service of members,13 vacancies, etc., not to invalidate the proceedings of the Commission,14 the procedure to be regulated by the Commission,15 the officers and the other staff of the Commission.16

According to Section 4 of the Act, Selection of Chairperson and members of the Commission is made on the recommendations of a committee consisting of the Prime Minister, Speaker and leader of the opposition in the House of the People (Lok Sabha) and Deputy Chairman and leader of the opposition in the Council of States (Rajya Sabha). 10 Section 5 of the Act.
11

Section 6 of the Act. Section 7 of the Act Section 8 of the Act. Section 9 of the Act. Section 10 of the Act. Section 11 of the Act.

12 13

14

15

16

7|Page

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

Functions and Powers of the Commission

Wide powers and functions have been given to the Commission under section12 of the Act. The paragraph (a) of section 12 provides, that the Commission can enquire suo motu action against any public servant against whom a complaint has been registered for violation of human rights. Section 12(b) provides that the Commission can intervene in any proceeding involving any allegation of a violation of human rights pending before a Court with the approval of such Court.17 Section 12(c) empowers the Commission to visit any jail or other institution prior intimation to the State Government, for the purpose of mainly monitoring prison or custodial jurisprudence. The Commission can make recommendations to State Governments on the basis of such visits. The Commission found after visiting many jails that pathetic conditions prevailed in jails in which prisoners are forced to live. In its view this is not due to a lack of ideas but due to apathy and lack of priority accorded to prison conditions and the rights of prisoners and under trials. The Commission has already initiated action to improve prison conditions in India, and started studying all prevailing reports related with prisons.18 The Commission has recommended the preparation of a new All India Jail Manual and also suggested the revision of the old Indian Prison Act of 1894. The Commission sought help from all who believe that human dignity must not be left when a person enters the gates of a prison.19

17

The Commission has decided to intervene in the pending court proceeding in the Punjab & Haryana Court relating to the disappearance of Harjit Singh. Human Rights Newsletter, vol.2, n.7 (1995), p.1.
18

Report of the All India Jail Manual Committee of 1957-59; the Report of the All India Committee on Jail Reforms 1980-83 Chaired by the Justice A.N.Mulla (popularly known as Mulla Committee Report); The Report of the National Expert Committee on Women Prisoners of 1987 chaired by Justice V.R.Krishna Iyer; the Report of the Group of Officers on Prison Administration chaired by Sri R.K.Kapur in 1987. In addition to this the Commission remains mindful the need for the country to abide by the United Nations Standard Minimum Rules for the Treatment of Prisoners of 1957.
19

National Human Rights Commission Report, Second Annual Report, 1994-1995 ( New Delhi-1994-95), pp. 12-16.

8|Page

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

Section 12(d) empowers the Commission to review the safeguards provided under the Constitution or any law for the time being in force for the protection of human rights and also to recommend measures for their effective implementation.

Under Section 12(e) there is a separate provision to review the causes of terrorism, which inhibits the enjoyment of human rights, and to recommend appropriate remedial measures.

Section 12(f) provides for the study of all treaties related with international human rights instruments and the making of recommendations for their effective implementation.

Section 12 (g) provides for promotion of research in the field of human rights.

Section 12(h) empowers the Commission to spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publication, the media, seminars and other available means. Section 12(i) empowers the Commission to encourage the efforts of Non- governmental organisations (NGOs) working in the field of human rights.

Lastly, Section 12(j) provides, such other functions as it may consider necessary for the promotion of human rights.

9|Page

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

Functional Approach of the Commission

The responsibility entrusted to the Commission under the Act of 1993 cannot be adequately fulfilled without the development of close ties between the Commission and NGOs. For the Commission, it is not just a matter of Statutory obligation under Section 12(i) of the Act. The Commission recognised that the cause of human rights has much to gain both from the practical help and from the constructive criticism that NGOs and the Commission can bring to bear in their mutual interaction and growing relationship.20 The Commission from very beginning associated NGOs with the inquiry of complaints. In several places, during visits by the Commission, NGOs have boldly come forward with evidence of wrong-doing in relation to specific complaints addressed to the Commission.21 The Commission acknowledged that the promotion and protection of human rights requires the courage and commitment that NGOs bring to bear in their endeavours and that it is for this reason that the country has much to gain by encouraging their efforts, whether the NGOs are national or international.

Investigation Division
There is a well organised investigation division within the Commission.22 The primary duty of this investigation division is to look into complaints received by the Commission. For this purpose the investigation team makes on the spot investigations. The Act outlines the investigative role of the Commission. Subsection 1(b) of Section 11 provides, Such police and investigative staff under and officer not below the rank of a Director General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the Commission.

20

National Human Rights Commission Report, First Annual Report, 1993-1994 ( New Delhi-1993-94), pp. 2829.
21

Second Report, note 12, p.27.

22

The Investigation Division of the Commission is headed by an officer of the rank of Director General of Police(DIG). The Director General(Investigation) is assisted by a DIG, three senior Superintendents of Police and 20 other investigators of various ranks.

10 | P a g e

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

Inquiry into Complaints
A considerable increase in public awareness of the work of the Commission has been observed. This is reflected in the vast increase in the number of the complaints of human rights violations received by the Commission over the years. Many of the cases received by the Commission were of great poignancy, but they could not be entertained by the Commission because of the Regulation 8 of the Commission.23 The Commission broadly divides the cases in these following categories: (1) Custodial deaths; (2) Police excesses (Torture, Illegal detention\ unlawful arrest, false implication etc.; (3) Fake encounters; (4) Cases related to Women and Children; (5) Atrocities on Dalits\Members of Minority community\ Disabled (6) Bonded labour (7) Armed forces\ para military forces and (8) other important cases.24

Once the Commission accepts a complaint, it seeks comments from the concerned government or authority regarding complaint.25 After receiving the comments of the concerned authority a detailed note on the merits of the case is prepared for the consideration of the Commission.26 After this, directions and recommendations of the Commission are communicated to the concerned government under Sections 18 and 19 of the Act. In some of the cases the Commission may opt for a personal hearing with the petitioner or any other person on behalf of petitioner for appropriate disposal of this matter. This personal hearing will provide an opportunity for examining any witnesses, if any, in support of the complaint and hearing evidence in support of the petitioners stand.27 Once the Commission or any other person under its authority undertakes an investigation, the report of the investigation should be submitted within a week of its completion. In some cases, the

23

Under this Regulation, the Commission has decided not to entertain cases relating to (a) events which happened more than one year before the making the complaint (b) matters which are sub judice (c) those are vague, anonymous or pseudonymous (d) those that are frivolous in nature, or (e) matters which are outside the purview of the Commission.
24

http://www.nhrc.in, visited on 18 April 2005. Section 8 (7) of Procedural Regulation. Section 8 (8) of Procedural Regulation Section 8 (10) of Procedural Regulation

25

26

27

11 | P a g e

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

Commission may allow further time for the submission of reports. If the Commission is not satisfied with any report it may direct fresh investigation for ascertaining the truth or enabling it to properly dispose of the matter. On receipt of the report, the Commission on its own motion, or if moved in the matter, may direct inquiry to be carried out by it and receive evidence in the course of such inquiry.28 Lastly under Section 8(12), the Commission or any of its members when requested by the Chairperson may undertake visits for on-the-spot study and where such a study is undertaken by one or members, a report thereon shall be furnished to the Commission as early as possible.

28

Section 8 (11) of Procedural Regulation

12 | P a g e

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

Steps After Inquiry
On the completion of inquiry, the Commission may take any of the following steps under Section 18 of this Act, namely: (1) Where the inquiry discloses, the commission of violation of human rights or negligence in the prevention of violation of human rights by a public servant, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons; (2) approach the Supreme Court or the High Court concerned for such directions, orders or units as that Court may deem necessary. (3) recommend to the concerned government or authority for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary; (4) subject to the provisions of clause (5) provide a copy of the inquiry report to the petitioner or his representative; (5) the Commission shall send a copy of its inquiry report together with its recommendations to the concerned government or authority who shall, within a period of one month, or such further time as the Commission may allow, forward its comments on the report, including the action taken or proposed to be taken thereon, to the Commission. (6) the Commission shall publish its inquiry report together with the comments of the concerned government or authority, if any, and the action taken or proposed to be taken by the concerned government or authority on the recommendations of the Commission..

The Commission in several cases recommended prosecution of the public servant responsible for violation of human rights, under section 18(1) of the Act. In the case of violation of human rights, the Commission may recommend under Section 18 (3) of the Act that the concerned State to grant immediate interim relief to the victim or members of the family. The Commission incorporated elaborate provisions under Section 18(5) of procedural regulations, to make its inquiry more transparent and impartial. After the completion of its inquiry the Commission generally sends report along with recommendations to the concerned
13 | P a g e

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

government to report and comment within a period of one month, or such further time as the Commission may allow. This recommendation also includes what action should be taken in a particular case.

Lastly, Section 18(6) stipulates that the Commission should publish its report in detail. In must include the comments of the Government or authority. The report should also include what action the concerned government or authority is going to take in a particular case. However, the Commission has been deprived of the similar power while dealing with armed forces. Section 19 restricts the power of NHRC to initiate investigation on its own in the case of violation of human rights by armed forces. According to Section 19 (a) (1) of the Act the Commission has to seek a report from the Central Government and after receiving of the report from Central Government, it may, either not proceed with the complaint or, as the case may be, make its recommendations to that Government.29

The power to make recommendations, when necessary, in section 19 must be read along with subsections (1) and (3) of section 18 which deal with the nature of recommendations on conclusion of the inquiry, when closure of the complaint is not considered appropriate.30

There is nothing restrictive in section 19 to curtail this power of the Commission and the express power to make recommendations leads necessarily to this conclusion. Jurisdiction of the NHRC to deal with the complaints against armed forces is subject only to a restrictive procedure. It seems from the above provisions that the Commission is fully equipped to
29

Section 19(1) (b) of the Act.

30

In the case of Mohd. Tayab Ali, husband of the complainant who was taken in custody the 17 Assam Rifles, and the custodian has been unable to prove satisfactorily the lawful termination of custody, when he was alive. This case falls within the ambit of the second part of section 19(1)(b) since on receipt of the report from the Central Government the Commission found this is a fit case for making recommendations in terms of subsection (1) and (3) of section 18 of the Act. The Commission therefore, made recommendations. The complainant has lost her husband at a young age. At the time of her husbands disappearance, she had five children and she was pregnant. The loss of the sole breadwinner rendered the family destitute. Since the violation of human rights in the present case is by members of the armed forces, the Commission, in exercise of its powers under section 19 of the Protection of Human Rights Act recommended immediate interim relief of Rs.3 lakhs to the complainant and her children. The Commission had made this recommendation to the Ministry of Defence and the Ministry of Home Affairs, Government of India for compliance. The Ministry of Defence complied with the Commission's directions and made payment of the amount of Rs. 3 Laks.

14 | P a g e

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

handle any situation, but in practice the Commission is powerless, when a State government refuse to comply with its recommendation. The Commission is endowed with only recommendatory power, and recommendations of the Commission are not legally binding. However, in most of the cases recommendations of the Commission have been complied with by the concerned government or authority, as is apparent from the prosecutions of several police officials, and the compensation awarded to victims in various cases.

NHRC notice over illegal mining in Jharkhand

Calling Dhanbad district a hotbed of gangs indulging in illicit coal trade, the National Human Rights Commission (NHRC) on Monday issued notice to Jharkhand Government over economic hardships faced by tribals and illegal mining in the Naxal-affected area. The Commission said that abject poverty was the reason behind spread of Naxalism in the region. Regarding mining, the NHRC said that gangs were recruiting local tribals to illegally mine coal and pointed out the inadequate response to the threat posed by underground coal fires in the region. It also shared other findings made by its team about the ground situation prevailing in Dhanbad. Gangs recruit tribals to illegally mine coal for them and carry it to distant collection points. While going from Ranchi to Dhanbad, one could see beeline of cycles, carrying coal, up steep gradients, the NHRC said in a press statement. In the process of illegal mining many people are killed, but matters are not reported under the influence of the gangsters and due to the economic compulsions faced by the tribals, the statement added. The Commission also observed that no action had been taken to either control the coal mafia or bring the illegal trade in the ambit of legal procurement. The NHRC findings also point to an alarming situation prevailing in the district due to underground coal fires and tardy implementation of rehabilitation plans.31

31

(The Hindu 6/2/12)

15 | P a g e

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

Rights forum says Saranda plan aiding World Bank agenda, multinationals
Under the garb of Saranda Action Plan (SAP), the United Progressive Alliance government is pursuing the agenda of the World Bank and multinational companies with mining interests and heaping atrocities on tribals living in a dense forest in Jharkhand, civil society and human rights activists have alleged. The Union Ministry of Rural Development launched the Rs. 250-crore SAP to construct roads, provide cycles, solar lamps, blankets and houses, among other things. Union Minister of Rural Development Jairam Ramesh twice visited the forest now under the control of the Maoists. The Jharkhand Human Rights Movement (JHRM) has accused the police and paramilitary forces of killing innocent Adivasis and looting their meagre belongings, which are then exhibited as articles recovered from Maoist camps they claim to have busted. The JHRM successfully petitioned the National Human Rights Commission to have the atrocities probed and wrote to Mr. Ramesh as well to point out how the local people had been excluded from the SAP at all levels. The JHRM regarded the SAP as a very good initiative if implemented honestly and appreciated Mr. Ramesh's visit to the rural areas which even local leaders dared not. The fact that SAP had been drafted with the help of the World Bank was quite dangerous to th e local community, feared JHRM general secretary Gladson Dungdung. The JRHM has questioned the purpose of constructing 130 km of roads at a cost of Rs. 104 crore in the forest when the 7000 families targeted to benefit were being given just bicycles. The ulterior motive behind the move, according to it, was to help companies such as Mittal, Tata and Jindal, who had been awarded lease to extract iron-ore, from the surrounding 56 villages identified under SAP. Underscoring Mr. Ramesh's keenness' to include World Bank members in drafting the SAP, the JHRM wondered why he had not involved even one head of the gram sabha or the tribal advisory council in the process, despite the fact the area came under the Fifth Schedule Area of the Constitution. The JHRM viewed the exclusion as a ploy' to protect the World Bank's role from being exposed and questioned. By doing so, Mr. Ramesh had violated the Panchayat Extension to Scheduled Areas Act, 1996, the Chotanagpur Tenancy Act, 1908 and the Constitutional provisions for the Fifth Schedule Area, it charged. The Movement also alleged rampant human rights violation in the forest under Operation Anaconda carried out jointly by the State Police and Central forces in August 2011. On its request, the NHRC sent a five-member team headed by Deputy Inspector General Mamta Singh to probe the matter.
16 | P a g e

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

The JHRM alleged that Central forces laid siege to 25 villages inside the forest for the entire month when 500 tribals were brutally tortured, 15,000 Adivasis subjected to police atrocities and about 1.25 lakh of them were denied basic services and facilities such as health, education, drinking water, road and electricity. The memorandum cited the alleged murder of two Adivasis in police custody, both of whom were shown as killed in crossfire during an encounter with the Maoists. Denying any kind of encounter, the memorandum alleged that the Central forces had killed the duo, Mangal Honhanga and Soma Guria, and there were witnesses to testify to the killings. The report charged five jawans of the Central Reserve Police Force (CRPF) with occupying thehouse of 30-year-old Sukhmi Bankira and gangraping her for almost a week, though she did not testify before the NHRC probe team fearing for the safety of her son who had been arrested on charges of being a Maoist. But another tribal Muni Guria testified that the CRPF jawans tried to rape her but her aunt rescued her. As many as 33 Adivasis of Saranda have been arrested by the police and booked under the Unlawful Activities(Prevention) Act, Arms Act and Criminal Law Amendment Act, which the JHRM claimed was a clear example of victimisation of innocent villagers. The security forces destroyed land entitlement papers, ration cards, education certificates, voter identity cards and job cards in at least five villages and closed down schools and suspended mid-day meal schemes in 25 villages during the anti-Naxal operation, according to the memorandum.32

Student in shackles: DYFI to petition NHRC

The Democratic Youth Federation of India will petition the National Human Rights Commission (NHRC) and the National Commission for Scheduled Tribes (NCST) over the alleged human rights violations in the police escorting a postgraduate student to examination hall in chains here on Tuesday, Member of Parliament and All India Joint Secretary of the DYFI M.B. Rajesh said on Wednesday. Vittala Malekudiya (21), a tribal youth, who was arrested on the charge of aiding Maoist activities, was brought in shackles to write his examination in Journalism in Mangalore University at Konaje here. Mr. Rajesh, who was here after visiting the Malekudiya tribals in Kuthulur village, about 90 km from here, told The Hindu on Wednesday that handcuffing an accused was violative of Supreme Court guidelines. It was wrong to take a student in chains to examination halls. The
32

(The Hindu 12/2/12)

17 | P a g e

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

MP said his lawyer had told him that handcuffing could be done only in exceptional circumstances and with prior permission of the court. Mr. Rajesh said that the student was an active supporter of the DYFI and is a State committee member of the Adivasi Hakkugala Samanvaya Samiti, the tribal wing of the CPI(M). Mr. Rajesh said that the CPI(M) opposed the Maoists both politically and ideologically. Mr. Rajesh, told media in Mangalore he would petition the NHRC and NCST about the arrest of Mr. Malekudiya's father, Linganna, in whose case too there were human rights violations. The apex court has come down hard on handcuffing of prisoners and undertrials. In the judgement of division bench comprising of Kuldip Singh and N. Venkatachala in the case of Citizens for Democracy through its President v. State of Assam and Others33, the Judges observed handcuffs or other fetters shall not be forced on a prisoner convicted or undertrial while lodged in a jail anywhere in the country. Any violation of the directions by the police and the prison authorities will be summarily punishable under the Contempt of Courts Act. Police Commissioner Seemant Kumar Singh said he came to know of handcuffing through newspaper reports. He said City Armed Reserve personnel had escorted Vittala to the examination hall on Tuesday. Mr. Singh said he has asked Deputy Commissioner of Police (Law and Order) Mutturaya to submit a report about the incident.34

Punish those involved in fake encounters: social activist

Social activist and former IAS officer B.D. Sharma on Sunday said policemen, irrespective of the position they hold, should be punished if their involvement in fake encounters was proved. Asked to comment on National Human Rights Commission (NHRC) recent order confirming 16 of 19 encounters that took place in Kurnool and Guntur during 2000-02 as fake, he said if evidence established the killings as fake, the persons responsible should be brought to book. Mr. Sharma, national coordinator of the Bharat Jan Andolan and a noted advocate of tribal rights, told The Hindu that all those who participated in and engineered the fake encounters should face the consequences as per law. The NHRC also awarded for the first time a compensation of Rs.5 lakh to families of each of the 16 persons killed in `fake encounters. Mr. Sharma, who played a key role in the release of Sukma Collector Alex Paul Menon as an interlocutor, said `Operation Green Hunt should not lead to harassment of tribals and committing of atrocities against their communities. He said Green Hunt was a violation of the law of the land. The Home Ministry should have the mechanism to stop
33 34

(AIR 1996 SC 2193) (The Hindu 19/4/12)

18 | P a g e

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

misuse of power. He was referring to reports on `fake killing of 19 tribals in the name of Maoists in Sukma-Bijapur area of Chattisgarh sometime ago by security forces. Mr. Sharma, who also served as Vice-Chancellor of North-East Hill University, said the Bhuria Committees recommendations on ownership of resources should be implemented. A dozen MPs were on the panel as members. He said in any industry, the community should own 50 per cent stake leaving 26 per cent to the persons/groups investing in the venture and 24 per cent to farmers and labourers. Expressing regret over tribals converted into labourers in various projects due to their displacement, he said Panchayat Extension in Scheduled Areas (PESA) Act should be implemented in true letter and spirit in the scheduled areas.35

35

(The Hindu 24/7/12)

19 | P a g e

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

BIBLIOGRAPHY 1. Baxi, Upendra (ed.), Right to be Human, New Delhi, Lancer International,1987.

2. Begum,S.Mehartaj (ed.), Human Rights in Criminal Justice administration, New Delhi, Deep & Deep,1989

3. www.google.com

4. www.wikipedia.com

20 | P a g e

ROLE OF NHRC IN RELATION WITH TRIBAL GROUPS

21 | P a g e