EDITED BY HARSH DOBHAL | MATHEW JACOB | ANUPAM KISHORE HUMAN RIGHTS LAW NETWORK NEW DELHI, INDIA RUGGED ROAD TO JUSTICE A SOCIAL AUDIT OF STATE HUMAN RIGHTS COMMISSIONS IN INDIA Volume-III, February 2014 © Socio Legal Information Centre* ISBN 81-89479-86-5 Edited By Harsh Dobhal Mathew Jacob Anupam Kishore Copy Editing Neha Bhatnagar Salina Wilson Pritisha Borah Sukrita Lahiri Research and Coordination Jammu and Kashmir: Md. Faisal Kadri, Altaf Mehraz Gujarat: S. H. Iyer, Gagan Sethi, Rohit Prajapati, Prasad Chacko, Manjula Pradeep Tamil Nadu: Ossie Fernandes, Henri Tiphagne, P. Uma, P. Vedhavalli, S. Sreejith Bihar: Rajeshwar Ram, Vidyanand Ram, Fr. Phillip Manthra and Mahendra Yadav Maharashtra: Kranti LC, Avinash Gaikwad, Simpreet Singh Himachal Pradesh: Anand Sharma, Sunder Singh Design Mahendra Bora Published by Human Rights Law Network (A division of Socio Legal Information Centre) 576, Masjid Road, Jangpura, New Delhi – 110014, India Ph: +91-11-24379855/56 Email: [email protected], Website: www.hrln.org Printed at Shivam Sundaram C-9, Green Park Extn., New Delhi, India Supported by European Union Dan Church Aid Disclaimer The views and opinions expressed in this publication are not necessarily views of the HRLN. The presentations in this publication have been paraphrased from oral, sometimes impromptu, speeches made by the participants. Every effort has been made to avoid errors, omissions, and inaccuracies. However, for inadvertent errors or discrepancies that may remain nonetheless, the HRLN takes the sole responsibility. *Any section of this volume may be reproduced without prior permission of the HRLN/SLIC for public interest purposes with appropriate acknowledgement. Acknowledgements t the outset, we express our deep gratitude to the victims and their family members for reposing their faith in the Independent People’s Tribunal on the functioning of State Human Rights Commissions, and for displaying remarkable courage in coming out in front of the jury Ato narrate their tales of horror fearlessly. We are grateful to hon’ble jury members, some of whom were contacted at the last minute, who took time off from their busy schedule, travelled all the way to different places, gave patient hearings to victims, studied all the cases meticulously and finally put down their incisive findings and recommendations. This volume owes everything to members of the HRLN units in Jammu & Kashmir, Gujarat, Tamil Nadu, Bihar, Maharashtra and Himachal Pradesh. Despite all odds and busy court schedules, HRLN lawyers and social activists are doggedly pursuing their dream for justice and peace. They have worked tirelessly for days and nights. They were faced with the challenging task to convince the victims’ families to come forth and depose before the tribunal. Their guidance and leadership in each state has been remarkable, before and after the tribunal process. Much thanks to the volunteers and students who have contributed immensely through research, documentation and logistics. We would like to acknowledge the untiring efforts of collaborating organisations in these states. Our special gratitude to Ossie Fernandes and Henri Tiphagne of Tamil Nadu, Gagan Sethi and Rohit Prajapati of Gujarat, Avinash Gaikwad and Simpreet Singh of Maharashtra, Father Philip Manthra, Mahendra Yadav, Vikas Pankaj, Rajeshwar Ram and Vidyanand Ram of Bihar for their massive support and encouragement in the entire process. These individuals have provided the much-needed strength with all possible help in order to make the tribunals as meaningful forums. INTRODUCTION 3 We are also thankful to all the following organisations which collaborated with HRLN towards organising the IPTs: Jammu & Kashmir – Islamic Relief and Research Trust (IRRT); Koshish (NGO); Kashmir Centre for Social and Development Studies (KCSDS); Inner Call; Humanity Welfare Organisation Helpline. Gujarat – Anandi; Behavioural Science Centre (now known as Human Development Resource Centre); Centre for Social Justice–Jan Vikas; Darshan; Gujarat Lok Samiti; Jan Sangharsh Manch; Jyoti Karmchari Mandal; Navsarjan; Paryavaran Mitra; Paryavaran Suraksha Samiti; Sahiyar; and Gujarat Vidyapeeth. Tamil Nadu – Human Rights Advocacy and Research Foundation (HRARF); All India Network of NGOs and Individuals Working with National and State Human Rights Institutions (AINNI); Social Awareness Society for Youth (SASY); Society for Integrated Rural Development (SIRD). Bihar – Koshi Nav Nirman Manch; Janta Soochna Kendra; National Campaign on Dalit Human Rights (Aidmam & Ndmj); Koshish; Bihar Women Network; Apnanapan; Dalit Vikas Abhiyan Samiti; Centre For Social Equity & Inclusion. Maharashtra – Vimukta Bhatke Sangharsh Mahasangh Maharashtra Pradesh; Satya Shodhak Samiti Amaravati; Akhil Bhartiya Hizara Association Niyojit; Lok Adhikar Andolan Ahmednagar; Ramushi Berad Haq Parishad Maharashtra; Adivasi Fhase Pardhi Sanghatan Ahmednagar; National Alliance for People’s Movement. Himachal Pradesh – CORD, Dharamsala; Akhil Bhartiya Harijan League, Himachal Pradesh. Each state-wise chapter of the social audit report is the cumulative outcome of a prolonged process where a number of individuals have contributed. Conceptualising the IPT process, identifying the cases, approaching victims and organisations in the far- flung areas, convincing and bringing them to the forum, meticulous documentation of cases and finally drafting the report has been an ardous journey. We also would like to thank Sonal Makhija and Swagata Raha for their earlier study on KSHRC and KSCW which inspired our research methodology. We have tried to give credits to as many persons as possible in the following chapters but it is difficult to mention all names here. We are grateful to all of them. We thank Rekha Koli for filing RTIs and follow- ups in every state, thus contributing to the background research. Last, but not the least, we thank our colleagues and friends Salina Wilson, Pritisha Borah and Sukrita Lahiri for painstakingly going through the draft, making corrections and giving final touches to this volume. —Harsh Dobhal, Mathew Jacob & Anupam Kishore 4 SHRC: SOCIAL AUDIT REPORT–III Contents Introduction 9 jammu AND KASHMIR Khairun Nisa, Anupam Kishore, Harsh Dobhal EXECUTIVE SUMMARY 33 chapter-I patterns OF violations IN jammu AND KASHMIR AND THE FUNCTIONING OF J&K SHRC 44 CHAPTER-II TESTIMONIES 72 expert COMMENTS 92 chapter-III Jury Report 106 gujarat Salina Wilson, Ayesha Khan, Mathew Jacob EXECUTIVE SUMMARY 115 chapter-I patterns OF violations AND FUNCTIONING OF GSHRC 124 CHAPTER-II TESTIMONIES 144 expert COMMENTS 186 chapter-III Jury Report 200 INTRODUCTION 5 Contents TAMIL NADU Anupam Kishore, Harsh Dobhal, Mathew Jacob EXECUTIVE SUMMARY 211 chapter-I patterns OF violations AND FUNCTIONING OF TNSHRC 220 CHAPTER-II TESTIMONIES 248 expert COMMENTS 286 chapter-III Jury Report 292 BIHAR Pritisha Borah, Anupam Kishore EXECUTIVE SUMMARY 300 chapter-I patterns OF violations AND FUNCTIONING OF BSHRC 308 CHAPTER-II TESTIMONIES 326 expert COMMENTS 366 chapter-III Jury Report 372 6 SHRC: SOCIAL AUDIT REPORT–III Contents MAHARASHTRA Naresh Gosavi, Salina Wilson EXECUTIVE SUMMARY 381 chapter-I patterns OF violations AND FUNCTIONING OF MSHRC 390 CHAPTER-II TESTIMONIES 406 expert COMMENTS 442 chapter-III Jury Report 448 himachal PRADESH Sukrita Lahiri, Salina Wilson EXECUTIVE SUMMARY 455 chapter-I patterns OF violations AND FUNCTIONING OF HPSHRC 462 CHAPTER-II TESTIMONIES 474 expert COMMENTS 486 chapter-III Jury Report 492 CONCLUSION 499 INTRODUCTION 7 INTRODUCTION he Constitution of India provides for the fundamental rights to its citizens. These rights and other social laws can be further referred to as human rights and the State being the guarantor of these rights. For decades together, human rights lawyers and activists have been using the courts to assert these rights and hold the TState accountable for instances of violations. Since early 90s, India witnessed a shift in the socio-economic agenda and the policies of liberalisation, privatisation and globalisation set in. As the country increasingly found itself closer to the idea of western democracy and its institutions, the Indian State started adhering to prevalent international norms of development and human rights. The establishment of the National Human Rights Commission (NHRC) through the Protection of Human Rights Act (PHRA) in 1993, followed by establishment of State Human Rights Commissions (SHRCs), was one such step by the Indian government to express its commitment to protect and promote human rights. Under Article 370 of the Constitution of India, according to which, no law enacted by the Parliament of India, except for those in the field of defence, communication and foreign policy, will be extendable in Jammu and Kashmir unless it is ratified by the state legislature of Jammu & Kashmir. As accordingly most of the provisions of the Protection of Human Rights Act were included in the Jammu & Kashmir Protection of Human Rights Act (J&K PHRA), and were passed by the Jammu & Kashmir Legislative Assembly in the year 1997, and thus the Jammu & Kashmir State Human Rights Commission was constituted in the State. The commission was envisioned to be an independent, credible, transparent and accountable body that will oversee and monitor the human rights situation and contribute towards new policies for upholding the same. INTRODUCTION 9 According to the United Nations, the national human rights institutions (NHRIs) should play a critical role “in promoting and monitoring the effective