During the time the deaths had taken place, it was mandatory to segregate COVID-19 and non-COVID-19 patients, hence testing was done to avoid the spread of the disease, especially in hospital wards.
Tag: NHRC
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‘Racial profiling’ of Chakmas, Hajongs: NHRC seeks report from Centre, Arunachal govt
By Express News Service
GUWAHATI: The National Human Rights Commission (NHRC) has directed the Ministry of Home Affairs and the Arunachal Pradesh government to submit, within six weeks, the report on the action taken against alleged racial profiling of the Chakmas and Hajongs and the state government’s move to relocate them.
The Commission directed them to ensure the protection of human rights of people belonging to the two communities.
Earlier, the Chakma Development Foundation of India (CDFI) had lodged a complaint with the NHRC alleging racial profiling and that the Arunachal government was planning to relocate the Chakmas and Hajongs through an illegal census which was scheduled to commence from December 11 last year.
“Out of the 65,000 Chakmas and Hajongs, about 60,500 are citizens by birth; thousands are casting votes while the citizenship applications of 4,000 migrants are yet to be processed,” CDFI founder Suhas Chakma said.
In October 1995, the NHRC had approached the Supreme Court seeking the protection of the lives and liberties of the Chakmas and the Hajongs. On January 9, 1996, the SC had pronounced its judgment, directing the Centre and the Arunachal government to process the citizenship applications of the people. However, nothing has happened on the ground till date, the CDFI founder lamented.
In his complaint, he said on August 15 last year, Arunachal Chief Minister Pema Khandu had announced that the Chakmas and Hajongs would be relocated outside of the state and it was confirmed by Union Law Minister Kiren Rijiju.
In order to implement the plan, he said the district magistrate of Changlang had on November 26 last year notified the conduct of “Census of Chakmas and Hajongs” in all Chakma/Hajong-inhabited areas of the district to prepare and submit a report to the government on or before December 31 the same year.
Viewing this as an act of racial profiling, the CDFI founder said, “The recent measures being taken by the state with respect to Chakmas and Hajongs are absolutely contrary to the laws of the land and judgments pronounced by the Supreme Court on their rights.”
The Chakmas and Hajongs trace their roots to Bangladesh. Displaced by a dam in the then East Pakistan (present day Bangladesh), the Buddhist Chakmas and the Hindu Hajongs were resettled in Arunachal during 1964-69 by the central government.
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NHRC chief cautions against growing instances of ‘instant justice through encounters
By PTI
NEW DELHI: NHRC chairperson justice (retd) Arun Kumar Mishra on Wednesday cautioned against the growing instances of “instant justice through encounters” and said that it indicates a “systematic failure”.
He said it is time to think about what needs to be done to correct such failures due to which even the decree of the courts is not implemented sometimes.
Mishra was speaking during a meeting of representatives of the National Human Rights Commission and State Human Rights Commissions (SHRCs) at Vigyan Bhawan here.
During the meeting, a decision was taken to set up a joint committee to chalk out a time-bound collaborative action plan to ameliorate the cause of human rights in the country, officials said.
The NHRC chief noted that the non-implementation of welfare schemes in the right earnest “leads to human rights violations”.
During the meeting, Mishra cautioned against the growing instances of “instant justice through encounters”, which, he said, indicate a “systematic failure”.
“Time has come to think what we have to do to correct the systematic failures due to which even the decree of the courts is also not implemented sometimes,” a statement issued by the NHRC quoted him as saying.
On Tuesday, at an event here to mark the 28th foundation day of the NHRC, Mishra had called for making the policing system more effective and independent so that “CBI investigation may not be needed”.
He had said that encounters done by police were “against the Constitution and a condemnable act” and efforts should be made to “liberate ourselves from this barbarity”.
During Wednesday’s meeting, Mishra also said that the NHRC and SHRCs are recommendatory bodies but have enough powers under the Protection of Human Rights (PHR) Act, which derives its strength from the Directive Principles of State Policy, to ensure that the rights of the last person and the poorest of poor are protected.
SHRCs may also extend their support to the NHRC in ensuring the implementation of various advisories issued by it to the government, he added.
Mishra said that the NHRC will write to various states to fulfil their statutory obligations towards strengthening SHRCs.
The NHRC-SHRC interface meeting was held to “explore common and new areas of collaboration for the promotion and protection of human rights”, a senior official said.
Its aim was also to share the best practices and activities of different SHRCs to work towards the promotion and protection of human rights in a more cohesive manner, the official said.
Both the NHRC and SHRCs were set up under the PHR Act.
However, SHRCs are autonomous state-level bodies and are not under the NHRC.
But, being the apex human rights body, the NHRC has been taking up the issue of strengthening SHRCs with the respective state governments so that they may be able to work more effectively for the fulfilment of their mandate under the PHR Act, the statement said.
During the five thematic sessions of the meeting, presentations were made on key issues of human rights, related laws, implementation mechanism and the present situation, the statement said.
These also included monitoring the implementation of advisories issued by the NHRC; status of implementation of the One Nation, One Ration Card scheme, the Food Security Act, 2013, and schemes and policies relating to informal workers; and integration of gender perspective, it said.
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NHRC chairman credits Home Minister Amit Shah for ‘new era in Jammu and Kashmir’
By Express News Service
NEW DELHI: National Human Rights Commission chief and former Supreme Court judge Justice (Retd) Arun Mishra on Tuesday heaped encomiums on Union Home Minister Amit Shah for his “untiring efforts” to foster peace in Jammu and Kashmir and the Northeastern states. “It is because of you (the home minister) that a new era has now begun in Jammu and Kashmir,” Justice Mishra said while addressing the 28th foundation day of NHRC.
Incidentally, J&K has seen a worrying rise in incidents of violence, including a spate of civilian killings as well as that of security forces, over the past few days. Observing that it has become “a norm to accuse India of human rights violation at the behest of international forces,” Mishra said this should be opposed. “India has the spirit of ‘Sarvadharma Sambhava’ (harmony of religions). Everyone has freedom to build a temple or mosque or a church. In many countries, such liberties are not there,” he said.
His comments came against the backdrop of media reports on attacks on human rights defenders and India’s falling rank on global press freedom and democracy index. The NHRC chairperson also spoke about political violence and the need to condemn it. A large number of people had lost their lives to political violence globally in the last century and it was unfortunate that this had “still not stopped”, he said.
“Social service organisations and human rights defenders should strongly condemn political violence and terrorism as apathy on this issue engenders ‘fundamentalism and history will never forgive us for this,” he said, adding that “killers of innocent people cannot be glorified”. Calling such… terrorists ‘freedom fighters’ is inappropriate,” he asserted.
The retired judge said India had a democratic system where the media and cyberspace had been given freedom. “But no one has the freedom to destroy the prestige of the Republic’s fundamental pillar, the judiciary, through contemptuous behaviour, and neither should anyone be given this freedom,” the asserted.
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‘Selective interpretation’ of human rights by some people denting image of India: PM Modi
The ruling BJP has been critical of a section of human rights groups, including those with a global presence, for allegedly highlighting cases of Human Rights violations selectively.
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Mamata dig at Shah for not stopping DVC from discharging barrage water
By PTI
KOLKATA: West Bengal Chief Minister Mamata Banerjee on Saturday took a dig at Union Home Minister Amit Shah saying he is never seen taking preventive action to stop discharge of huge volumes of water by DVC from its barrages into rivers in Bengal, which caused widespread flood though he is prompt in sending NHRC team and summoning senior state bureaucrats to Delhi on “some pretext”.
Banerjee said she will shortly write to Prime Minister Narendra Modi and seek his intervention in the “indiscriminate” release of water by DVC every time there is heavy rain in Jharkhand.
“Why is Amit Shah not asking DVC to stop such wanton discharge of huge volumes of water instead of doing it in phases? Does his concern for Bengal end in sending NHRC team, increasing CRPF cover of small-time BJP leaders and despatching high number of security personnel for a single seat? Does his concern for Bengal is only manifest in summoning our top officers to New Delhi? She was referring to the September 30 by-poll in Bhabanipur Assembly seat, where she was a contestant.
“What has he done to ensure that Bengal gets its dues with regard to Cyclone Amphan, Yaas and Cyclone Bulbul ? We had to rebuild with our own limited resources after every calamity and the Modi-Shah regime didn’t release a single additional penny,” Banerjee said when briefing reporters about the flood situation in eight south Bengal districts.
The TMC supremo said she will write a letter to the prime minister very soon pointing out the recurrent floods faced by the state due to the sudden discharge of water by DVC for years, which have become more frequent now with heavy rains as a result of global warming.
This time several pockets of Hoogly, Howrah, Paschim Medinipur and Bankura are reeling under severe floods.
“I know several such letters from me in the past didn’t yield any result. But I must write again. The chief secretary will also write a letter to the cabinet secretary on the issue,” she said.
Banerjee had made an aerial survey of flood affected Howrah and Hooghly districts during the state.
The chief minister claimed that total 10 lakh cusec of water had been discharged by DVC and from dams of Jharkhand irrigation department since the early hours of September 30 at small intervals which caused the devastation in Bengal.
“It was a crime by DVC. Bengal will not suffer silently forever,” she said.
Banerjee also said the Bengal government will demand compensation from DVC for releasing huge volumes of water accumulated in its two dams in Jharkhand into small rivers in Bengal which do not have the capacity to bear the huge upsurge and consequently flood the surrounding areas.
The chief minister said dams under the Jharkhand government cannot contain much water after heavy rains as they have not been cleaned or dredged in the past 50 years and flow downstream into Bengal.
“But I am all for good neighbourly relations and want to hold discussions with Jharkhand on the issue”, she said.
Reacting to Banerjee’s charges, BJP state president Sukanta Majumder said “She is lying. The floods in south Bengal are due to lack of dredging of river beds in West Bengal by the state irrigation department.”
Majumder also claimed that the state government had been informed in advance by DVC and Jharkhand irrigation department about the release of water after very heavy rains in that state.
But the irrigation department of West Bengal did not act on it.
“She (Banerjee) was busy with the September 30 by-poll in Bhabanipur. She woke up only when the by-poll was over. The flood was not man made as claimed by Mamata Banerjee but she made,” Majumder added.
On the Banerjee’s jibe against Shah about the NHRC visit to the state, Majumder quipped “She can try to divert from the grave reality of post-poll violence by her party men on BJP activists which drew worldwide condemnation. But the truth has come out before everyone.”
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Minor boy sent to jail in Uttar Pradesh, dies by suicide; NHRC seeks report from SSP
By PTI
NEW DELHI: The NHRC has sought a report from the Etah district police in Uttar Pradesh into a recent incident of alleged suicide by a minor boy after he was “sent to a jail as an adult” on charges of drug possession, officials said on Thursday.
In addition to this, the commission has also directed its investigation division to conduct an on-the-spot inquiry into the case.
The National Human Rights Commission (NHRC) in a statement said that it has directed the Etah senior superintendent of police (SSP) to have the allegations probed by a senior-rank police officer and submit an action taken report to the commission within four weeks.
The rights panel said it has “taken cognisance of a complaint, accompanied by a news clipping, that a 15-year-old minor boy, unable to bear the torture of being sent to a jail as an adult, on charges of drug possession, committed suicide, when released on bail after three months in Etah, Uttar Pradesh, on September 21, 2021”.
It said that allegedly, the boy was arrested by the Etah police in connection with “drug possession” and was sent to the district jail, instead of being produced him before a Juvenile Justice Board.
The boy’s father has reportedly alleged that his son was “illegally arrested and tortured to extort money by the police,” it said.
The NHRC has directed the SSP to have the allegations inquired into, keeping in mind some points, including what protocol is being followed for assessing the age and date of birth of the accused by police.
It said that according to Rule 7 and Section 94 (c) of the Juvenile Justice (Care and Protection of Children) Act (JJ Act), date of birth is the primary proof of age.
Therefore, under what circumstances, the juvenile was treated as an adult, the panel has asked the police.
Non-consideration of the matriculation certificate as proof of the date of birth is in violation of the judgment in the matter of “Ashwani Kumar Saxena vs. State of MP (2012) 9 SCC 750”.
Therefore, under what circumstances this was ignored, it said.
The commission has directed its investigation division to conduct an on-the-spot inquiry, analyse the case and suggest institutional measures, which can be recommended to the government to ensure children are not being treated as adult for prosecution, the statement said.
The investigation division has also been directed to look into the role played by all stakeholders in this case, including the judge, before whom the child was produced within 24 hours of arrest, and the role of the doctor who examined the child, it added.
Thus, inquiry report is to be submitted within six weeks, the rights panel said.
(If you are having suicidal thoughts, or are worried about a friend or need emotional support, someone is always there to listen. Call Sneha Foundation – 04424640050 (available 24×7) or iCall, the Tata Institute of Social Sciences’ helpline – 02225521111, which is available Monday to Saturday from 8 am to 10 pm.)
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E-commerce created inequality during COVID, impacted rights of small vendors: NHRC
NHRC tweeted some of the remarks made by him recently during the ongoing 48th session of the United Nations Human Rights Council held online.
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NHRC notices to four state govts, police chiefs over ‘adverse impact’ of farmers’ protests
By PTI
NEW DELHI: The NHRC has sent notices to governments of Delhi, Uttar Pradesh, Haryana and Rajastan and their police chiefs, over allegations that the ongoing farmers protests have “adversely impacted” industrial units and transportation, and Covid safety norms have been breached at the agitation sites.
The National Human Rights Commission (NHRC), in a statement, said it has also asked the National Disaster Management Authority, Union Ministry of Home Affairs and the Union Health Ministry to submit reports with respect to the “adverse impact of farmers agitation on various aspects and observance of Covid protocols at the protests sites”.
“The NHRC has received several complaints regarding the ongoing farmers protest. There are allegations of adverse impact on the industrial units, seriously effecting more than 9,000 micro, medium and large companies,” it said.
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Allegedly, transportation is also adversely impacted, causing the commuters, patients, people with disability and senior citizens to suffer due to the heavy congestion on roads occupied by the protesting farmers, the rights panel said.
There is an allegation that there is “breach of the corona protocols by the agitating farmers at the protest sites”.
There is further allegation that the inhabitants are not being allowed to move out of their houses due to the blockade of the passage, it added.
There are also reports that people have to travel long distances to reach their destinations due to the ongoing agitation, and barricades have been put on the state borders, it added.
Accordingly the commission has issued notices to the chief secretaries of Uttar Pradesh, Haryana, Rajasthan and Delhi; and director generals of police, of the three states and Delhi police commissioner, asking them to submit their respective action taken reports, the statement said.
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Since the agitation involves the issue of human rights, whereas the right to agitate in a peaceful manner is also to be respected, the commission needs to take care of various human rights issues, the statement said.
Hence, the Commission besides issuing notice to various states has also taken a few more actions, officials said.
The Institute of Economic Growth (IEG) had been asked to examine the adverse impact of the farmers agitation on industrial and commercial activities and production, and disruption of transport services on commercial and normal consumers, including inconvenience and additional expenditure, among others, and to submit a comprehensive report in the matter by October 10, the statement said.
ALSO READ | Protesting farmers lift gherao in Haryana, agree to judicial probe
The NDMA, Ministry of Home Affairs and Ministry of Health, have been asked to submit reports with respect to the adverse impact of farmers agitation on various aspects and observance of COVID Protocols at the protests sites, it said.
“In the case of alleged gangrape of a human rights activist at the protest site, no report was received from the DM, Jhajjar regarding the payment of compensation to the NOK (next of kin) of the deceased.
A fresh reminder was issued to the DM, Jhajjar, to file the report by October 10,” the statement said.
Delhi School of Social Work, University of Delhi is requested to depute teams to conduct a survey and submit a report, assessing the disruption of livelihood, lives of people, impact on the aged and infirm persons due to protracted agitation by farmers, the rights panel said.
Farmers from various states have been protesting at Singhu Border and Tikri Border of Delhi-Haryana, Ghazipur border of Delhi-Uttar Pradesh, and have camped their since November 25 last year, seeking repealing of the three new agri laws.
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NHRC writes to UP, Delhi Police, seeks report on sexual assault of woman
By ANI
NEW DELHI: The National Human Rights Commission has taken cognizance of a complaint of an alleged sexual assault of a woman and has written to Uttar Pradesh Police and Delhi Police seeking a detailed report within four weeks in the matter, along with the action initiated against the errant public servants.
She had set herself on fire allegedly along with a man outside the Supreme Court in New Delhi on August 16, 2021. Subsequently, both died while undergoing treatment in RML Hospital.
As per the official release by NHRC, the Commission had issued notices to the Director-General of Police, Uttar Pradesh and the Commissioner of Police, Delhi to submit a detailed report within four weeks in the matter, along with the action initiated against the errant public servants.
The DGP, Uttar Pradesh has also been directed to ensure the safety and security of the family members of the victims.
Issuing the notices, the Commission has observed that it is shocking how an alleged victim of sexual assault was feeling victimized by the system.
Allegedly, before immolating themselves, they recorded a Facebook live video, wherein the woman said that in June 2019, she had lodged a rape case against an MP from Uttar Pradesh, but the accused police officials were supporting the offender.
Also, allegedly, instead of taking action against the accused MP, the police registered a false case against her and got issued a non-bailable warrant against her.