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Annual Report ANNUAL REPORT 2000-2001 CONTENTS PREFACE I. INTRODUCTION II. CENSUS 2001 : THE HUMAN RIGHTS DIMENSION III. CIVIL LIBERTIES (A) HUMAN RIGHTS IN AREAS OF INSURGENCY AND TERRORISM (B) CUSTODIAL DEATH, RAPE AND TORTURE (C) ENCOUNTER DEATHS (D) VIDEO FILMING OF POST-MORTEM EXAMINATION AND REVISION OF AUTOPSY FORMS (E) SYSTEMIC REFORMS : POLICE (F) SYSTEMIC REFORMS : PRISONS (G) HUMAN RIGHTS AND ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM (H) VISIT TO JAILS (I) CONDITIONS OF REMAND HOMES (J) IMPROVEMENT OF FORENSIC SCIENCE LABORATORIES (K) LARGE VOLUME PARENTERALS : TOWARDS ZERO DEFECT IV. REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS OF HUMAN RIGHTS (A) PREVENTION OF TERRORISM BILL, 2000 (B) CHILD MARRIAGE RESTRAINT ACT, 1929 (C) PROTECTION OF HUMAN RIGHTS ACT, 1993 (D) IMPLEMENTATION OF TREATIES & OTHER INTERNATIONAL INSTRUMENTS (E) NATIONAL PLAN OF ACTION FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS (F) FREEDOM OF INFORMATION BILL, 2000 (G) PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995 V. RIGHT TO HEALTH VI. RIGHTS OF THE VULNERABLE (A) REHABILITATION OF PEOPLE DISPLACED BY MEGA PROJECTS (B) DISPENSATION OF RELIEF MEASURES TO : i) THE ORISSA CYCLONE AFFECTED ii) THE GUJARAT QUAKE AFFECTED (C) FOCAL POINT ON HUMAN RIGHTS OF WOMEN, INCLUDING MATTERS RELATING TO TRAFFICKING (D) COMBATING SEXUAL HARASSMENT OF WOMEN AT THE WORK PLACE (E) INCREASE IN THE MAINTENANCE ALLOWANCE FOR DIVORCED WOMEN (F) PROTECTION OF ANONYMITY OF VICTIMS OF RAPE (G) RIGHTS OF OLDER PERSONS VII. ABOLITION OF CHILD LABOUR AND BONDED LABOUR (A) ABOLITION OF CHILD LABOUR (B) PREVENTING EMPLOYMENT OF CHILDREN BY GOVERNMENT SERVANTS : AMENDMENT OF SERVICE RULES ( C ) ABOLITION OF BONDED LABOUR VIII. QUALITY ASSURANCE IN MENTAL HOSPITALS IX. MANUAL SCAVENGING X. PROBLEMS OF DENOTIFIED AND NOMADIC TRIBES XI. PROMOTION OF HUMAN RIGHTS LITERACY AND AWARENESS (A) NATIONAL ACTION PLAN FOR HUMAN RIGHTS EDUCATION (B) MOBILISING THE EDUCATIONAL SYSTEM (C) NATIONAL INSTITUTE OF HUMAN RIGHTS (D) HUMAN RIGHTS TRAINING FOR CIVIL SERVANTS AND POLICE PERSONNEL (E) HUMAN RIGHTS EDUCATION FOR POLICE PERSONNEL (F) HUMAN RIGHTS EDUCATION FOR PARA-MILITARY AND ARMED FORCES (G) INTERNSHIP SCHEME (H) SEMINARS AND WORKSHOPS (I) PUBLICATIONS AND THE MEDIA (J) RESEARCH PROGRAMMES AND PROJECTS (K) VISITS OF THE CHAIRPERSON AND MEMBERS TO VARIOUS STATES (L) VISITS ABROAD (M) MOBILE PHONE FACILITY (N) TRAINING XII. NON-GOVERNMENTAL ORGANISATIONS XIII. STATE HUMAN RIGHTS COMMISSIONS AND HUMAN RIGHTS COURTS XIV. COMPLAINTS BEFORE THE COMMISSION (A) NUMBER AND NATURE (B) INVESTIGATION OF CASES (C) ILLUSTRATIVE CASES POLICE EXCESSES (A) CUSTODIAL DEATHS 1. DEATH OF GOTHANDAM IN POLICE CUSTODY : PONDICHERRY(CASE No. 75/32/97-98/CD) 2. ILLEGAL DETENTION, TORTURE AND DEATH OF SHAH MOHAMMED IN POLICE CUSTODY AND NEGLIGENCE ON THE PART OF DOCTORS FOR NOT CONDUCTING A THOROUGH POST-MORTEM: MADHYA PRADESH(CASE NO. 3855/96-97/NHRC) 3. TORTURE IN POLICE CUSTODY RESULTS IN THE DEATH OF KARTIK MEHTO : BIHAR(CASE NO. 8903/95-96) 4. HARASSMENT OF POLICE LEADS TO SUICIDE OF SURINDER SINGH : UTTAR PRADESH(CASE NO.1929/96-97) (B) TORTURE 5. FALSE IMPLICATION OF THE COMPLAINANT AND OTHERS AND TORTURE BY POLICE : DELHI(CASE NO. 3069/30/1999-2000) 6. ALLEGTIONS OF DEATH, RAPE AND TORTURE OF TRIBALS AS A RESULT OF ACTIONS OF THE JOINT TASK FORCE SET-UP BYTHE GOVERNMENT OF TAMIL NADU AND KARNATAKA TO APPREHEND VEERAPPAN AND ASSOCIATES (CASE NO. 222/10/97-98, CASE NO. 534/22/97- 98, CASE NO. 795/22/97-98, CASE NO. 249/10/97-98, CASE NO.79/10/99-2000) 7. MISTREATMENT AND TORTURE OF PRABHAKAR MEHTA BY OFFICERS OF ENFORCEMENT DIRECTORATE : MAHARASHTRA (CASE NO. ……) 8. ILLEGAL DETENTION, TORTURE AND FALSE IMPLICATION BY POLICE : UTTAR PRADESH(CASE NO. 21883/24/98-99) 9. ILLEGAL DETENTION AND TORTURE OF AN ISRO SCIENTIST : KERALA(CASE NO. 235/11/98-99) 10. FRACTURE SUSTAINED BY SHESHRAO RAYASING RATHOD FOLLOWING POLICE MISTREATMENT : MAHARASHTRA(CASE NO. 1299/13/98-99) ( C) FAKE ENCOUNTERS 11. DEATH OF A LABOURER IN A FAKE ENCOUNTER: BIHAR(CASE NO. 3879/4/98-99) (D) POLICE HARASSMENT 12. FALSE IMPLICATION BY POLICE : BIHAR(CASE NO. 3321/4/97-98) 13. POLICE HIGH-HANDEDNESS AGAINST AGITATING FARMERS IN 10 VILLAGES OF C.R. PATTNA TALUK, HASSAN DISTRICT : KARNATAKA(CASE NO. 91/10/98-99) 14. ACTS OF POLICE HIGH-HANDEDNESS AGAINST DALITS IN OGALURE VILLAGE : TAMIL NADU(CASE NO. 772/22/98-99) 15. UNJUSTIFIED ARREST AND DETENTION OF FARMERS TO RECOVER ARREARS OF LAND REVENUE : UTTAR PRADESH(CASE NO. 19265/96-97) PROTECTION OF RIGHTS OF DALITS, MINORITIES, DISABLED AND OTHERS 16. ATROCITIES ON DALIT WOMEN BY FOREST OFFICIALS : UTTAR PRADESH(CASE NO. 2731/96-97/NHRC) 17. SEVEN BOYS FROM BALMIKI COMMUNITY PARADED, NAKED BY POLICE : HARYANA(CASE NO. 393/7/1999-2000) 18. ATTACKS ON MEMBERS OF THE CHRISTIAN COMMUNITY IN SEVERAL STATES (CASE NOS. 289/6/1999-2000; 351/6/1999-2000; 295/6/1999-2000; 481/6/1999-2000; 1873/4/1999-2000; 1933/4/1999-2000) 19. INHUMAN TREATMENT OF MENTALLY ILL PATIENTS AT SULTAN ALAVUDEEN DURGAH : TAMIL NADU(CASE NO. 427/22/98-99) 20. RAPE OF FOUR SCHEDULED CASTE AND SCHEDULED TRIBES WOMEN IN WEST GODAVARI DISTRICT : ANDHRA PRADESH (CASE NO. 343/1/98-99) 21. COMPLAINTS AGAINST SECURITY FORCES ; HIGH-HANDED ACTS OF ARMY PERSONNEL : ANDHRA PRADESH(CASE NO. 67/1/1999-2000) PROTECTION OF RIGHTS OF CHILDREN AND WOMEN 22. CUSTODIAL RAPE OF A DISABLED GIRL LODGED IN OBSERVATION HOME : MAHARASHTRA(CASE NO. 102712/97-98/ACR) 23. RAPE OF TEN YEAR OLD GIRL CHILD IN JUVENILE OBSERVATION HOME : KARNATAKA AND ANDHRA PRADESH(CASE NO. 32/1/1999-2000) NEGLIGENCE OF PUBLIC AUTHORITIES 24. NEGLIGENCE ON THE PART OF JAIL AUTHORITIES LEADS TO THE DEATH OF AN INMATE : BIHAR(CASE NO. 3165/4/1998-99) 25. NEGLIGENCE ON THE PART OF POLICE LEADS TO THE KILLING OF MAHENDRA PAL SINGH : UTTAR PRADESH(CASE NO. 39/24/97-98/ACD) 26. DEATH OF A GIRL IN VVIP MOVEMENT : UTTAR PRADESH(CASE NO. 1388/24/97-98) 27. VICTIM OF MEDICAL NEGLIGENCE : ORISSA(CASE NO. 359/18/99-2000) BONDED LABOUR 28. RELEASE OF BONDED LABOURERS AND THEIR REHABILITATION : PUNJAB(CASE NO. 663/19/1999-2000) 29. EXPLOITATION OF BONDED LABOUR : MAHARASHTRA(CASE NO. 1173/13/1999-2000) 30. NHRC’S INITIATIVE RESULTS IN THE RELEASE OF BONDED LABOURERS : HARYANA(CASE NO. 513/7/98-99) 31. RELEASE OF BONDED LABOURERS AND THEIR REHABILITATION : UTTAR PRADESH(CASE NO. 15178/24/99-98) 32. RELEASE OF 13 BONDED CHILD LABOURERS FROM A CARPET FACTORY IN ALLAHABAD DISTRICT : UTTAR PRADESH(CASE NO. 20183/24/1999-2000) 33. EXPLOITATION OF MIGRANT LABOUR : PUNJAB (CASE NO. 700/19/97-98) OTHER IMPORTANT CASES 34. MASS CREMATION OF UNIDENTIFIED DEAD BODIES BY PUNJAB POLICE : REFERRAL BY SUPREME COURT(CASE NO. 1/97/NHRC) 35. KILLING OF 35 MEMBERS OF SIKH COMMUNITY IN ANANTNAG DISTRICT OF JAMMU & KASHMIR BY MILITANTS(CASE NO. 206/9/1999-2000) 36. MEASURES TO PREVENT DEATHS DUE TO STARVATION : ORISSA(CASE NO. 37/3/97-LD) XV. ADMINISTRATION AND LOGISTIC SUPPORT (A) STAFF (B) STRENGTHENING FUNCTIONING OF SPECIAL RAPPORTEURS / REPRESENTATIVES (C) USE OF OFFICIAL LANGUAGES (D) LIBRARY (E) FUNDS XVI. SUMMARY OF PRINCIPAL RECOMMENDATIONS AND OBSERVATIONS Annexures Charts Graphs PREFACE The defence of human rights is, in essence, the defence of human dignity. This is the high purpose that the National Human Rights Commission must serve. It is a purpose that derives not only from the Statute of the Commission but from the Constitution itself, for Article 21 of the Constitution, as interpreted by the Supreme Court, means that all who live in India have a right to a life with human dignity. This majestic and expansive vision of the Constitution is more easily acclaimed than attained. And certainly the Commission, whose duty it is to strive for the fulfilment of that vision, cannot but be acutely aware of the great distance that must be traversed to come near to it. The Annual Reports of the Commission, including this Report, give an account of the incremental efforts of the Commission to reach out towards that goal. They recount the positions taken by the Commission on a range of matters, as also its achievements, frustrations and disappointments. For ease of reference, the principal Recommendations and Observations made in the present Report may be seen in summary form at the end of Report in Chapter XVI. With every passing year, and this is the eighth Annual Report, the conviction has grown in the Commission that the right to a life with human dignity requires respect for the totality of the human person. And this has led to a further conclusion: it is essential for the Commission to focus, in equal measure, on economic, social and cultural rights as well as on group rights, just as it does on civil and political rights. The indivisibility and inter-related nature of rights is a reality and there is a symbiosis between them. That is why the Reports of the Commission have sought to encompass all of them. In approaching issues of concern to it, including vexed issues such as the protection of human rights in the face of terrorism, the Commission has, at all times, sought to be guided by the philosophy of the Constitution which, in its Preamble, has expressed the two core values that must jointly be protected and advanced : the dignity of the individual and the unity and integrity of the nation. In the scheme of the Constitution, there is no incompatibility between these values; instead, they reinforce each other. A strong nation requires, as a sine qua non, the strong protection of the dignity of those who comprise the nation.
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