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ANNEXURE 13

Report of the NHRC of India to the 15th APFcovering the period 2009 – 2010

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ACTIVITIES OFTHE NATIONAL HUMAN RIGHTS COMMISSION OF INDIA

FOR THE YEAR 2009-2010

A. BACKGROUND

The National Human Rights Commission (NHRC)is an autonomous body, established on October 12,1993 by the Protection of Human Rights Act, 1993(PHRA). Section 2(1) (d) of the Act defines humanrights as the rights relating to life, liberty, equality anddignity of the individual guaranteed by the IndianConstitution or embodied in the InternationalCovenants and enforceable by courts in India.

2. The PHRA mandates that the Chairpersonof the NHRC must be a retired Chief Justice of India.Of the other four members, the PHRA lays down thatone must be a retired Judge of the Supreme Court,one a retired Chief Justice of a High Court, and twochosen from individuals who have knowledge of, orpractical experience in, matters relating to humanrights.

3. By definition, the NHRC’s work requires itto scrutinise and to be critical of lapses committed byGovernment and its officials. To ensure that nogovernment is tempted to appoint those with a bias inits favour, the PHRA lays down that all Members mustbe chosen by a Committee chaired by the PrimeMinister, but including in it the Leaders of the Oppositionin both Houses of Parliament.

4. India is among those countries where, inaddition to a national human rights institution, otherwatchdog bodies have been set up, with broadly similarpowers, to protect the interests of those sections ofsociety whose human rights have in the past been mostat risk, and who therefore need special attention. Indiahas a National Commission each for Minorities, forScheduled Castes, for Scheduled Tribes, for Womenand for the Protection of Children. Since there shouldbe synergy in the work of bodies that all promotehuman rights, the PHRA has made the Chairpersonsof these Commissions deemed members of theNHRC. Together with the five members of theNHRC, they constitute its Statutory Full Commission,which meets as needed; it met several times duringthe year, most recently on March 16 2010.

5. The PHRA also provides for the establishmentof State Human Rights Commissions (SHRC). TheNHRC has urged State Governments to set up SHRCsand is pleased that so far 18 States have done so. TheSHRCs complement the work of the NHRC, whichconvenes meetings with them, and invites theirrepresentatives to its workshops and seminars, tocoordinate the prosecution of their common objectives.In 2009-10, it worked on a pilot project to install itscomputerised complaint management system inSHRCs, to enable better coordination.

6. Under the PHRA, the Central Governmenthas made available to it an officer of the rank ofSecretary to the Government of India, who is theSecretary General of the Commission, an officer ofthe rank of Director General of Police, as well as otherofficers and staff, all selected by the Commission.There are six Divisions in the Commission, eachentrusted with specific tasks.

B. COMPLAINTS & PETITIONS

7. As in other years, the handling of complaintsand petitions from individuals and groups who believedtheir human rights had been infringed, and theinvestigation of problems of which the NHRC tookcognizance suo motu, formed the bulk of its daily work.It is through this process that the NHRC responds toand redresses violations of human rights at the mostpractical level, by trying to organize relief, and ensuringthat corrective action is taken by agencies of the State.

8. Complaints can be and were made to theNHRC in Hindi, English or any other languagerecognized in the Constitution of India, and sent throughpost, telegram, fax or e-mail. Urgent complaints canand were lodged, after the working hours of theCommission, through a mobile number. No fee ischarged on complaints; applicants can check on thestatus of their complaints through the NHRC’s websitewww.nhrc.nic.in.

9. While only 496 complaints were made to theNHRC in 1993-94, the first year of its establishment,the numbers rose exponentially as it became better

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known. Over the last four years, it has received, onaverage, 400 complaints a day. Even after weedingout frivolous complaints, and transferring 5933 othersto the SHRCs, in the financial year 2009-10 (April toMarch), the NHRC registered 82021 fresh cases andcompleted action on 86050.

10. Under the PHRA, the NHRC, while enquiringinto complaints under the Act, has all the powers of acivil court trying a suit under the Code of CivilProcedure. It processed complaints, and issueddirectives to the Central and State Governments,through the following four mechanisms:-

i) Full Court:

The Commission meets as a court, with lawyerspresent on behalf of both the complainant and of theState, in particularly serious cases. In 2009-10, it heldFull Court hearings on the problems faced by peoplefrom Jammu & Kashmir.

ii) Full Commission:

The Full Commission met once a week to considervery serious complaints, usually involving deaths inpolice action or in their custody, or political and socio-economic problems that had an impact on the humanrights of large numbers of people. In 81 hearings inthe year, it took up 1024 cases.

If not satisfied by the action taken by the State onits directives, the Commission summoned officials,including the senior-most, to ensure that they wereresponsive to the needs of the complainants. Amongthose summoned by the Full Commission in 2009-10were

- the Chief Secretary of Orissa, to report on stepsbeing taken to ensure that there was no starvation inthree districts under his jurisdiction;

- the Chief Secretary of UP, on an abattoir in thecity of Meerut that was causing environmental damageto the locality; and

- the Chief Secretary of Andhra Pradesh to reporton corrective measures to stop the exploitation ofbonded and migrant labour.

The subjects on which these senior-most officialsof the State were summoned gives a sense of the rangeof issues on which the Commission receives complaintsand works to bring redress.

iii) Division Benches:

Late in 2009, the Commission decided to set upDivision Benches to take over part of the workload ofthe Full Commission. Two Division Benches were setup, with two Members on each, and these meet twicea week, taking up in particular cases of deaths in policecustody or in police action. They took up 594 cases in63 hearings, helping to sharply bring down the backlogof cases before the Commission.

iv) Single Member Benches:

Every day, even on those days that the FullCommission or the Division Benches convene, eachMember considers, as a one-man Bench, between 60-80 complaints in various stages of processing.

11. In their hearing of complaints, Members ofthe NHRC are assisted by the officers of the LawDivision, headed by a Registrar, and the InvestigationDivision, headed by a Director General of Police. ThePresenting Officers of the Law Division are retiredAdditional District Judges. The Investigation Divisionis staffed by senior police officers.

12. During this year, the Commissionrecommended the payment by Government agenciesof interim relief in 400 cases amounting to Rs.63,483,000/-. Though its recommendations are notmandatory, they were rarely disobeyed, and theCommission closes its files on these cases only afterreceiving proof that the relief had been paid.

13. In a much larger number of cases, where thecomplaint was of official inaction or indifference, onproblems that ranged from the reluctance of police toregister FIRs to environmental pollution, living conditionsin jail, facilities in hospitals, displacements ofpopulations by large industrial projects, bonded labour/child labour issues, or the denial of education,interventions by the Commission forced officials to actand brought relief to the complainants. When theNHRC closes files – including the 86050 closed thisyear – it means that it has either managed to give reliefto the complainant, or that it has satisfied itself thatthere was no breach of human rights.

14. Though it took most of its decisions on thebasis of reports requisitioned from officials, in 152 casesthe NHRC sent out its own investigation teams forspot enquiries. Investigations have been completed in123.

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C. INSTRUMENTALITIES

15. In addition to its own staff, the Commissionmakes use of two instrumentalities to monitordevelopments that affect human rights, and strengthenits own capacity to respond to them.

16. Core Groups: In order to tap the experienceand knowledge of experts, academics and civil society,the NHRC has set up a number of Core Groups, whichit consults on key issues. The subjects on which theseGroups have been set up also give an indication of therange of the Commission’s work.

17. Presently, the NHRC has Core Groups onmental health, the right to food, on health, and ondisability, together with a Core Group of Lawyers toadvise it on emerging legal issues that have an impacton human rights. Members of the Commission withsectoral responsibility for these issues convene theGroups, and, as in other years, received usefulrecommendations from them in 2009-10.

18. In addition, the NHRC has a Core Group ofNGOs, which is convened by and meets with the FullCommission, the last two meetings having been heldin September 2009 and in May 2010. The 12 leadingNGOs on the Core Group offer constructive criticismof its work, and make suggestions for improvement,or for a sharper focus on some areas, all of which theCommission finds helpful.

19. Special Rapporteurs: The Commission hasalso appointed as Special Rapporteurs individuals witha special expertise either in a particular sphere of workor in a region of India. They make field visits to monitordevelopments in sensitive regions, assess how farassurances given by State Governments to the NHRCare being implemented, and make recommendationsfor next steps. In 2009-2010, several of their reportswere of immense help to the Commission insupplementing information received from officials, andin holding them accountable.

D. CIVIL & POLITICAL RIGHTS

20. The NHRC uses the full range of itsinstrumentalities to monitor the responsiveness ofpublic servants on human rights. After evolving astringent reporting system and guidelines, in 2009-10the Commission continued to monitor custodial deathsand rapes, deaths in alleged fake encounters etc. It

also monitored conditions in prisons, with specialattention to over-crowding, medical care for prisonersand the sensitization of prison staff. The Commissioncontinued to stress the need for systemic reforms inthe police and in prisons.

21. Custodial deaths During the year, 2,029 casesof custodial deaths – whether natural or otherwise –were reported to the Commission by the StateGovernments. These included 1480 deaths in judicialcustody, 187 deaths in Children’s Homes/Beggars’Homes and 125 deaths in police custody. Two deathsin the custody of defence personnel/paramilitary forces,and 5 cases of rape in custody, were also reported toand considered by the Commission.

22. Custodial justice Members, SpecialRapporteurs, Officers of the Investigation Division andother officers made surprise visits to places of detention,including police stations and jails. Other inspectionswere carried out, either as an integral part of NHRCvisits to backward districts, or on specific tasks givento the Investigation Division.

E. ECONOMIC, SOCIAL AND CULTURALRIGHTS

23. In addition to addressing complaints of humanrights violations, the NHRC places great emphasis onthe promotion and protection of economic, social andcultural rights. Some aspects of its work in these fieldsover the last year are detailed in the paragraphs thatfollow.

Right to Health

24. The availability of and access to healthservices, especially in remote and rural areas, is amajor concern for the NHRC. To improve theavailability of doctors in these areas, it recommendeda one-year compulsory attachment of MBBS studentsin rural areas after they complete their courses andbefore registration. The Government of India hasaccepted this recommendation.

25. The Commission has also taken up some otherhealth-related issues - rights of persons affected byHIV/AIDS and mental illness, unsafe drugs andmedical devices, silicosis etc. Its monitoring of mentalhospitals has helped to improve conditions. It has alsopublished two books entitled “Quality Assurance inMental Health” and “Mental Health Care and HumanRights”.

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26. A day-long meeting of the Health Secretariesof States and Union Territories and other stakeholderswas organized by the Commission in January, 2010 todiscuss the issues of illegal medical practice by quacks,spurious drugs and lack of medical facilities in tribalareas among others. Several key suggestions weremade that would improve healthcare in the country.

27. The NHRC has paid particular attention tosilicosis, a disease contracted by workers employed instone quarries, mines and stone crushing factories, andwhich often leads on to death. While it was consideringa complaint on this matter, a writ was filed before theSupreme Court, which asked the NHRC to take upthe cases of persons suffering from silicosis torecommend immediate medical relief, as well ascompensation for the next of kin of those who haddied from it. The NHRC continues to discharge thismandate from the Court.

28. The Commission monitors the functioning ofMental Health Hospitals, on another mandate from theSupreme Court. It organised five regional reviewmeetings for the North, East, West, South and theNorth-East during 2009-10 to ascertain how far theStates had complied with its recommendations onquality assurance in mental health, and to review thesteps the States proposed to take.

29. In collaboration with the National Commissionfor Protection of Child Rights, the NHRC organized aconsultation on “Identifying Best Practices in EarlyIdentification and Intervention for Children withDisabilities” on the 17th February 2010 in New Delhi.

30. The incidence of female foeticide has been acause of great concern to the NHRC, since the lawthat bans this continues to be flouted. It has thereforecollaborated with the UNFPA on a collaborativeresearch project that would help improve theimplementation of the law in key States. Data for thestudy has been collected from 18 Indian States, andthe report is being finalised.

Right to Education

31. The NHRC, which has advocated the right toeducation from its inception, played a significant rolein the process that led to the adoption of the Right ofChildren to Free and Compulsory Education Act, 2009,which came into operation in April 2010.

32. In January 2010, in collaboration with theNational Commission for Protection of Child Rights,the NHRC also organized a “National Consultation onthe Roles and Responsibilities of the ConcernedStatutory Commissions to Monitor Child’s Right toEducation”.

Bonded Labour

33. Three workshops were organised during 2009-2010 for officials at the State, District, and localgovernment levels on bonded labour and child labour.These were meant to remove misgivings, reservationsabout definitional and conceptual issues, andinterpretations of the provisions of the law by theSupreme Court, and explain modalities of identification,release and rehabilitation of bonded labourers, specialproblems of migrant bonded labourers working in brickkilns and stone quarries, etc.

34. The Investigation Division carried out severalspot investigations, and a particularly large exercisewas carried out, led by a Special Rapporteur, to identifyand address the problems of several thousand labourersworking in quarries in Karnataka.

Combating human trafficking

35. The NHRC, the Ministries of Home Affairsand of Women and Child Development, the NationalCommission for Women, and UNICEF decided inSeptember 2006 that they would work together to drawup an Integrated Plan of Action to Prevent and CombatHuman Trafficking with Special Focus on Children andWomen (INPoA). After the draft INPoA wasdiscussed with all stakeholders in three RegionalWorkshops and a National Workshop, the NHRC hasfinalised and sent the draft to the Government of India.

F. CONFERENCES AND WORKSHOPS

36. In addition to the consultations and workshopsdescribed above, the Commission hosted the followingevents:

37. In April 2009 in New Delhi, it held the firstConference of the NHRIs of South Asia, in whichinstitutions from Afghanistan, Bangladesh, Maldives,Nepal and Sri Lanka participated.

38. On March 21, 2009 it held a NationalConference on “Human rights education at schoollevel”, in which officers dealing with education in theCentral and State Governments, Chairpersons of State

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Human Rights Commissions, NGOs active in the field,and academics took part.

39. On May 21-22, 2009, it organized a NationalSeminar on “Right to information and human rights”to explore ways in which these rights could be used toreinforce each other and make government moreresponsive to the needs of the citizen.

40. On the 12th October 2009, it organized aWorkshop on Human Rights Defenders in New Delhi.Participants included the Chief Secretaries/DirectorsGeneral of Police of States/UTs, representatives ofState Human Rights Commissions, NGOs and lawyers.

G. HUMAN RIGHTS DEFENDERS

41. Implementing one of the key recommendationsof the Workshop, the NHRC has set up a focal pointfor human rights defenders, which they can accesswhenever needed by mobile, fax and email.

42. The NHRC has also requested theGovernment of India to invite the UN SpecialRapporteur on Human Rights Defenders.

H. MONITORING OF DISTRICTS

43. The Commission has selected 28 backwarddistricts in the country, one in each State, to spreadawareness about human rights in the administrationand to assess the effectiveness of the political andsocio-economic measures adopted by Government. Ithas noted a nexus between the denial of civil andpolitical rights and of economic and political rights,because several of these districts, wracked by extremepoverty, are also prone to political violence. TheNHRC’s work in these districts is therefore ofparticular importance.

44. In these visits, the NHRC devotes specialattention to food security, the right to education, theright to health, hygiene and sanitation, to custodialjustice, to problems faced by Scheduled Castes andScheduled Tribes and to the right to culture andprotection of community assets. A day-long seminaris held during these visits to brief local officials abouttheir responsibilities to protect and promote humanrights, and to hear from civil society about theirproblems. Collective recommendations are distilledfrom these seminars, sent to governments andmonitored by the NHRC.

45. In 2009-10, programmes were conducted inthe districts of Wayanad (Kerala), Jamui (Bihar),Hoshiarpur (Punjab), Sonbhadra (Uttar Pradesh),Kalahandi (Orissa) and Saiha (Mizoram).

I. TRAINING

46. Training for officials and institutions: TheTraining Division of the NHRC organises programmesfor government officials, field functionaries andrepresentatives of NGOs, Universities etc., the aimbeing to make a rights-based approach to human rightscentral to their work. 47 training programmes wereconducted in 2009-10 for 45 institutions.

47. Summer and Winter Internship Programmes:The NHRC organises a month-long Summer and WinterInternship programme for University students. 151interns trained with the NHRC in 2009-10.

48. MOU with the Indira Gandhi National OpenUniversity (IGNOU) In December 2009, the NHRCsigned an MOU with IGNOU to conduct trainingprogrammes, starting with policemen, through distancelearning and the electronic mode. This will greatlyincrease the NHRC’s reach, and permit it to train muchlarger numbers. Pilot projects will start in July-August,2010 in 3 Police Training Institutions of Uttar Pradesh,Delhi and Haryana.J. INTERNATIONAL COOPERATION

49. The NHRC is a member of the InternationalCoordinating Committee (ICC) of National Institutionsfor the Promotion and Protection of Human Rights,and a Founder Member of the Asia Pacific Forum ofNational Human Rights Institutions (APF).

50. As reported earlier, in 2009, the NHRC hostedthe first meeting of South Asian NHRIs. It maintainsthe website for the NHRI Forum. It has also developedand installed the software to help some NHRIs in Africaand Asia monitor complaints. These activities continuedin 2009-10.

51. A delegation led by the Acting Chairperson,NHRC attended the ICC Bureau Meeting and AfricanForum Regional Meeting at Rabat, Morocco from 1-3November, 2009.

52. The Secretary General attended the 14th APFin Amman, Jordan from 3-6 August, 2009.

53. A delegation led by Member P.C. Sharmaattended the 23rd Session of the ICC in Geneva from22-25 March 2010.

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54. Officers of the Commission participated invarious other international and regional seminars/workshops.

K. VISITS OF FOREIGN DELEGATIONS

55. The UN High Commissioner for HumanRights visited and had discussions with the Commissionduring her visit to India in March 2009. The NHRCarranged a half-day Conference of Chairpersons ofthe State Human Rights Commission, NGOs and seniorofficials, which the High Commissioner addressed.

56. The NHRC also received and had discussionswith the following foreign visitors:

i) a seven-member delegation from the UK LiberalDemocratic Party’s Friends of India Group;

ii) the Board of Directors of Human Rights Watch,New York;

iii) a delegation from Nepal comprising 16 membersfrom political parties, the civil service, civilsociety, media and academia, who were activelyinvolved in the process of drafting the NepaliConstitution;

iv) fifteen officials of the Child Rights Unit (CRU)of the Afghanistan Independent Human RightsCommission (AIHRC);

v) eleven officials from the Ministry of Women’sAffairs, Government of Afghanistan, along withMembers of the Asia Foundation and Facultyof the Administrative Staff College, Hyderabad;

vi) a two-member delegation from AmnestyInternational; and

vii) Ms. Sital Kalantry, Professor at the Cornell LawSchool in New York;

57. The NHRC received visits throughout the yearfrom Heads of Mission accredited to India and othersenior diplomats posted in New Delhi.

L. PUBLICATIONS

58. The Commission continued to bring out amonthly newsletter in Hindi and English, and publishedits annual journal also in both languages.

59. It continued to reprint and disseminate itsmanuals, which have been very well received, andinclude the ‘Know Your Rights’ series, the HumanRights Manuals for District Magistrates, the Handbookon Human Rights for Judicial Officers, the DisabilityManual, the Manual on Mental Health Care and HumanRights, a collection of International Conventions andCovenants on human rights in Hindi, a Glossary ofHuman Rights Issues, and a primer on Human RightsEducation for Beginners.

60. The Commission’s website nhrc.india@nic.incontinued to be a source of information forcomplainants, journalists, academics and others withan interest in its work.

Available at: http://www.asiapacificforum.net/about/annual-meetings/15th-indonesia-2010