NHRC | SabrangIndia News Related to Human Rights Fri, 06 Jun 2025 05:34:32 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png NHRC | SabrangIndia 32 32 CJP’s submits supplementary memo to NHRC revealing returnee testimonies after Assam’s allegedly unlawful expulsion of persons to Bangladesh https://sabrangindia.in/cjps-submits-supplementary-memo-to-nhrc-revealing-returnee-testimonies-after-assams-allegedly-unlawful-expulsion-of-persons-to-bangladesh/ Fri, 06 Jun 2025 05:34:32 +0000 https://sabrangindia.in/?p=42056 Latest submission documents the late night detentions and expulsions that violated all procedures, family testimonies, amounting to the forced abandonment of persons in Bangladeshi borderlands.

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What We Know So Far: June 5, 2025

In a deeply unsettling supplementary memorandum submitted to the National Human Rights Commission (NHRC) on June 4, 2025, Citizens for Justice and Peace (CJP) have presented new evidence of a systematic campaign of detentions and cross-border expulsions of Bengali-speaking Muslim persons from Assam, without following due legal process. Based on over a dozen first-person testimonies and verified field documentation, the memorandum alleges that Assam Police and Border Security forces allegedly forcibly deported individuals—including elderly women, children, the chronically ill, and individuals previously granted legal relief—without following any lawful process or judicial sanction.

The original memo submitted to NHRC may be accessed here.

Survivors Speak: “They took our documents and our names”

The memorandum’s comprises six testimonies from women—aged between 35 and 65—who were picked up from their homes, detained incommunicado, stripped of identity papers, and forcibly pushed into Bangladeshi territory by Indian authorities between May 25 and May 30, 2025. These testimonies were collected in the first week of June by CJP’s ground team in Assam.

Among them is Hajera Khatun, a frail diabetic woman protected by a Gauhati High Court stay order. She recounts being summoned to the SP office and then disappearing into a nightmarish journey through detention, alleged beatings, and abandonment in “no man’s land.” Another survivor, Sona Bhanu, whose deportation had been stayed by the Supreme Court since 2018, was allegedly blindfolded, given Bangladeshi currency, and dumped across the border under threat. “We thought they would shoot us,” she recalled.

The other four—Rahima Begum, Jahanara Begum, Ashifa Begum, and Sahera Khatun—shared eerily similar experiences: fingerprinted without consent, denied food and water, mocked, allegedly beaten, and pushed through swamps under cover of darkness. Some were later discovered by Bangladeshi villagers and sent back. Several suffer from trauma and health complications, with no support provided by Indian authorities upon return. (Details may be read here.)

The Kin Left Behind: “We found her in a Facebook video from Bangladesh”

CJP also documented testimonies from the families of the disappeared. In many cases, relatives were given no information for days, left to guess at the fate of their loved ones through viral videos or social media posts from across the border.

  • Barek Ali, son of Manikjan Begum, said: “We went to the SP office to give her the baby. After that—nothing. Then someone sent us a video from a Bangladeshi news channel. She was standing in a field with my baby sister.”
  • Imran Ali Khan searched for his mother, Maleka Begum, across detention camps after she was taken on May 25. He finally saw her face in a social media post from Bangladesh.
  • Babul Hussain, son of stroke-afflicted Altap Hussain, described how police dragged his paralyzed father away at 2:30 AM. “I brought his medicines, but no one told me where he was.”

In each case, the pattern is consistent: unannounced detention, no arrest records, no legal procedure, no communication—and families left begging for scraps of information.

The four released

Perhaps the most shocking revelation is that four individuals previously released through CJP’s legal efforts—after being declared “foreigners” and spending years in detention—have once again been similarly expelled. Their names:

  • Doyjan Bibi
  • Abdul Sheikh
  • Mojibur Sheikh
  • Samsul Ali

Each had been released from Goalpara or other detention camps through court-monitored bail proceedings and had been complying with all conditions—regular police appearances, and possession of valid documentation. Despite this, all four were re-detained and forcibly removed from Indian Territory without any deportation orders, legal notice, or due process.

Doyjan Bibi, for example, was allegedly pushed across the border and is now in Mymensingh District Jail in Bangladesh, facing criminal charges under Section 4 of the Bangladesh Control of Entry Act. Her forcible expulsion into foreign territory while her citizenship case remains pending in India amounts to being driven by questionable acts of the Assam Border Police into a state of statelessness.

Abdul Sheikh and Mojibur Sheikh have been located via social media posts stranded in No Man’s Land, cut off from aid, legal recourse, or repatriation. Samsul Ali has reportedly been taken into custody by Bangladeshi police at Patgram Police Station. All had been under legal supervision and yet were disappeared and dumped across borders in a blatant violation of laws.

Stolen identities, and violated rights

CJP’s memorandum lays out an expansive account of unlawful conduct:

  • Detentions without warrant or disclosure
  • Fingerprinting and biometric data collection without consent
  • Seizure and destruction of legal identity documents
  • Transport to detention centres in secrecy
  • Abandonment in dangerous, unsheltered border terrain
  • Mistreatment by Bangladeshi guards and villagers
  • Denial of medical care and separation of mothers from infants

A call for action

CJP have urged the NHRC to:

  • Launch an urgent, independent inquiry into these operations
  • Summon senior Assam officials to account for each disappearance and expulsion
  • Provide legal, medical, and psychological support to all survivors
  • Cease all illegal deportations and protect vulnerable minorities
  • Prosecute and punish officials responsible for these violations
  • Locate and ensure the safe return of all missing persons

The memorandum closes with a stark warning: This is an unprecedented human rights and humanitarian crisis/ emergency. The Constitution does not permit any government to extinguish liberty, ignore judicial process, and abandon citizens to the peril of statelessness or exile. We urge the NHRC to take strong, immediate, and public action to halt these abuses and restore the rule of law in Assam.

The complete supplementary memo may be read here.

 

Related:

Gauhati High Court directs Assam Government to disclose whereabouts of two men secretly detained by the police in May

CJP Exclusive from Assam: Six Indian women, six torturous nights, and the ordeal of being dubbed “Bangladeshi” by the State

“Disappeared in the night”: CJP’s memorandum to NHRC on Assam’s secretive detentions and illegal pushbacks

CJP Exclusive: Homeland to No Man’s Land! Assam police’s unlawful crackdown on residents still battling for restoration of citizenship rights? 

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NHRC, India takes suo motu cognisance of a media report regarding the arrest and remand to custody of a Professor of Ashoka University in Haryana, issues notice to DGP Haryana https://sabrangindia.in/nhrc-india-takes-suo-motu-cognisance-of-a-media-report-regarding-the-arrest-and-remand-to-custody-of-a-professor-of-ashoka-university-in-haryana-issues-notice-to-dgp-haryana/ Wed, 21 May 2025 09:27:10 +0000 https://sabrangindia.in/?p=41864 In a press release issued today, May 21, the NHRC has  termed the arrest of Professor Mahmudabad as as a violation of han rights, directed the Director General of Police, Haryana to submit a report to the Commission within a week 

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The National Human Rights Commission (NHRC) India has taken suo motu cognisance of a media report regarding the arrest and remand to custody of a Professor of Ashoka University in Haryana. In a press note issued today, NHRC has observed that the report discloses, prima facie, the violation of the human rights and liberty of the Professors Mahmudabad. Hence, the NHRC has issued a notice to the Director General of Police, Haryana, calling for a detailed report in the matter within one week

Detailing further, the press release states that the news report dated  May 20, 2025 regarding the arrest and remand to custody of a Professor of Ashoka University (a deemed to be University) in Haryana contains a gist of the allegations on the basis of which he has been arrested, discloses, prima facie, that the human rights and liberty of the said Professor have been violated. Therefore, it has deemed it to be a fit case for taking suo motu cognisance of the reported incident.

Accordingly, it has issued a notice to the Director General of Police. Haryana, calling for a detailed report in the matter within one week.

Meanwhile, the Supreme Court has today granted interim bail to Professor Mahmudabad.

Related:

SC: Interim bail granted to professor Ali Khan Mahmudabad; SIT to probe posts on Operation Sindoor

How high is the price of criticism? Professor Mahmudabad arrested for his criticism of politics of hatred

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NHRC: Need for accountability to human rights & reforms in appointing members https://sabrangindia.in/nhrc-need-for-accountability-to-human-rights-reforms-in-appointing-members/ Wed, 08 Jan 2025 12:27:37 +0000 https://sabrangindia.in/?p=39535 The Indian apex human rights body, with a mixed reputation since its inception faces a serious credibility challenge with the Global Alliance of National Human Rights Institutions (GANHRI) having put India’s accreditation on deferral since 2024; now the Sub-Committee on Accreditation will decide on this when it meets in March 2025

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“NHRC, India retains its status of accreditation with GANHRI,” reads a press release from 2018 on the National Human Rights Commission’s website. There is, predictably no 2024 update. In fact, it is doubtful whether one would find a press release explaining how the same Global Alliance of National Human Rights Institutions (GANHRI) had put India’s accreditation on deferral in 2024 and that the Sub-Committee on Accreditation will decide on this when it meets in March 2025.

Recently, Rahul Gandhi and Mallikarjun Kharge – leaders of opposition in Lok Sabha and Rajya Sabha registered their dissent over the selection process of the NHRC Chairperson calling it a ‘fundamentally flawed’ and a ‘pre-determined’ exercise that ignored consultation and consensus. The dissent note has been made public and can be accessed here.

The previous Chairperson Justice Arun Mishra was appointed to the post 9 months after he retired from the Supreme Court. Arun Mishra had not only described PM Modi as a versatile genius at a public function while being a judge at the Supreme Court, but he also later praised the government for their ‘untiring’ efforts to foster peace in Jammu & Kashmir while being the NHRC Chairperson. The appointment of Justice Arun Mishra as NHRC Chairperson did attract criticism.

From being a flagship institution that people relied on for addressing human rights grievances to its current state of diminished credibility, the reasons for the NHRC’s decline lie not just in the current establishment’s zeal to politicise institutions but also in its inherent structural flaws. This article will highlight one of such structural flaws—lack of independence due to flaws in the appointment process.

The National Human Rights Commission (NHRC) of India was established on October 12, 1993, under the Protection of Human Rights Act (PHRA) of 1993, later amended in 2006 and 2019. As an independent statutory body, the NHRC serves as the watchdog for human rights in the country, ensuring the protection of rights related to life, liberty, equality, and dignity as guaranteed by the Constitution of India and international covenants.

Composition and appointment

The NHRC is a multi-member body comprising a chairperson, five full-time members, and seven deemed members. The Chairperson is typically a retired Chief Justice of India or a Supreme Court judge. The full-time members include:

  • One member who is or has been a Judge of the Supreme Court of India.
  • One member who is or has been the Chief Justice of a High Court.
  • Three members appointed from among persons knowing of, or practical experience in, matters relating to human rights, with at least one being a woman.
  • The deemed members are the Chairpersons of the National Commissions for Scheduled Castes, Scheduled Tribes, Minorities, Women, Backward Classes, and the Chief Commissioner for Persons with Disabilities.

Appointments to the NHRC are made by the President of India based on the recommendations of a Selection Committee comprising the Prime Minister (Chairperson), the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the Leaders of the Opposition in both Houses of Parliament, and the union home minister. The Chairperson and member serve for a term of three years or until they reach the age of 70 years whichever is earlier and are eligible for reappointment following the completion of their term.

The President can remove the chairperson or any member of the office if she/he is adjudged insolvent or; engages during his term of office, in any paid employment outside the duties of his office or; is unfit to continue in office because of the infirmity of mind or body or; is of unsound mind and stands so declared by a competent court or; is of unsound mind and stands so declared by a competent court or; is convicted and sentenced to imprisonment for an offence. The President can also remove the Chairperson or any members on the grounds of proven misbehaviour or incapacity. The procedure for the removal however involves referring the matter to the Supreme Court for an inquiry and removing the member on the court’s advice.

Functions and powers

The NHRC is endowed with a broad mandate to promote and protect human rights in India. Its key functions include:

  • Inquiry and Investigation: The Commission can suo moto take cognizance of complaints of human rights violations or negligence in preventing such violations by public servants. It can also intervene in ongoing judicial proceedings involving human rights issues with court approval.
  • Inspection of Custodial Institutions: The NHRC has the authority to visit jails and other state-controlled institutions to assess the living conditions of inmates.
  • Review of Safeguards: It reviews legal safeguards for the protection of human rights and suggests necessary remedial measures.
  • Research and Awareness: The Commission undertakes and promotes research in the field of human rights.
  • Encouragement of NGOs: It encourages the efforts of non-governmental organizations and institutions working in the field of human rights.

While the NHRC can make recommendations to the government, its decisions are not legally binding. However, it plays a crucial role in highlighting human rights issues and advocating for policy changes.

The NHRC did some pathbreaking work in cases like the Gujarat Carnage case in which it had taken suo moto cognizance through media reports and initiated inquiry into the violence; approached the Supreme Court on behalf of riot victims.  In 1997, the NHRC wrote to Chief Ministers regarding the procedure to be followed in cases of deaths in police encounters. This was done based on a complaint brought before the commission by the Andhra Pradesh Civil Liberties Committee (APCLC). Also in 1997, and thereafter right until 2004, The National Human Rights Commission (NHRC), which went through 2,097 cases of killing of youth and mass cremation of their bodies by the Punjab police during the peak of militancy in the State, has ordered a relief of Rs. 27.94 crore to the families of 1,513 victims of such extra-judicial killings. In both the Gujarat carnage case (2002-2004 onwards) and in the Punjab Disappearances case (1997-2004) the NHRC exercised its statutory rights and moved Article 32 petitions on the issue before the Supreme Court of India. Critically, on draconian anti-terror laws like POTA and TADA too, the NHRC has taken a strong stand. In 2000, “Prevention of Terrorism Bill, 2000: NHRC’s Opinion” The National Human Rights Commission has taken the view that there is no need for the enactment of a law based on the Draft Prevention of Terrorism Bill, 2000. This unanimous view was taken at a meeting of the Full Commission held on 11 July 2000 and elaborated in a detailed Opinion issued on July 14, 2000. Earlier the NHRC Chair had even written to all Members of Parliament asking them to repeal the stringent Terrorist and Disruptive Act.

Issues with NHRC

There are multiple issues that restrict the scope of NHRC and hinder it from realising its true potential to be an active safeguarding entity of human rights in India. Not only are its recommendations not binding on the government, but it also has jurisdictional limitations i.e. it cannot address violations by private individuals or entities. It does not have the authority to penalise the authorities that fail to implement its recommendations.

The credibility crisis of the NHRC is not just about operational inefficiencies but is rooted in an appointment process dictated by the ruling government. If the government wants a toothless NHRC, it can have one with little effort. Only an independent NHRC, free from political interference, can demand the resources and autonomy it needs but when led by those who merely echo the government’s line, it risks sinking deeper into irrelevance, eroding its very purpose.

What could constitute reform?

There is a serious need to re-imagine how the appointments are made to NHRC.

The Sub-Committee on Accreditation of the GANHRI noted that the current selection committee does not sufficiently promote broad consultation or participation in the selection process. It also noted that the current process does not maximise the number of candidates from a wide range; that the committee does not provide for the formal involvement of civil society organisations in the process. It had suggested a formalisation process to publicise vacancies broadly, to maximise the number of potential candidates from a wide range of societal groups, and to assess applicants on the basis of pre-determined, objective, and publicly available criteria.

The Paris Principles, a set of international guidelines for National Human Rights Institutions (NHRIs), layout key principles regarding the composition and appointment of NHRIs to ensure their independence and pluralism. Principle 5 emphasizes that the composition and appointment process should guarantee pluralistic representation of various social forces involved in human rights protection.

This principle highlights the importance of diverse perspectives within the NHRI, enabling it to effectively address a wide range of human rights concerns. The selection process, whether through elections or other means, must ensure the inclusion of representatives from various segments of society.

The Paris Principles specifically recommend the inclusion of representatives from:

  • Non-governmental organizations (NGOs) focus on human rights, racial discrimination, trade unions, and professional organizations.
  • Different philosophical or religious schools of thought.
  • Academia, including universities and qualified experts.
  • Parliament
  • Government departments, but only in an advisory capacity.

A first step would be the incorporation of these principles in letter and spirit in the PHRA, 1993.

Conclusion

The National Human Rights Commission of India stands at precarious crossroads, embodying both the promise of justice and the peril of irrelevance. Yet, all is not lost. The challenges facing the NHRC, though significant, are not insurmountable. Incorporating the Paris Principles in full—ensuring transparency, pluralism, and independence in its appointments—is an essential first step. Equally critical is the empowerment of the NHRC to enforce its recommendations and expand its jurisdiction to cover private entities, enabling it to address the multifaceted realities of human rights violations in contemporary India.

If these reforms are enacted with sincerity and urgency, the NHRC can reclaim its foundational ethos and emerge as a resilient institution, capable of standing firm against injustice regardless of the prevailing political winds. Failing to act, however, risks relegating the commission to a symbolic relic, unable to protect the very rights it was created to uphold.

(The writer is part of the organisations research team)

 

Related:

UN-linked body GNAHRI defers accreditation of NHRC India for second term, flags absence of autonomy and diversity

Nothing ‘Right’ about India’s Human Rights Commission

Major embarrassment for India: UN rights body puts NHRC accreditation on hold

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INC President Kharge, LOP Rahul Gandhi’s strong dissent note on appointment of NHRC Chairperson https://sabrangindia.in/inc-president-kharge-lop-rahul-gandhis-strong-dissent-note-on-appointment-of-nhrc-chairperson/ Tue, 24 Dec 2024 12:13:41 +0000 https://sabrangindia.in/?p=39328 The INC had proposed names of Justices Rohinton Nariman and or KM Joseph for the position of Chairperson NHRC. As news of the latest appointment of the Chairperson of the National Human Rights Commission (NHRC) became public recently with Justice V Ramasubramanian emerging as the person appointed, a strong note of dissent on the process has recently been made public by the Indian National Congress.

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The Indian National Congress, through a strong and clearly worded dissent note, has tabled its objection to the manner and method of the appointment of the Chairperson of the NHRC recently. On the selection process, the letter of INC President Mallikarjun Kharge and Leader of the Opposition (LOP) Rahul Gandhi states that “the selection process adopted by the Committee was fundamentally flawed. It was a pre-determined exercise that ignored the established tradition of mutual consultation and consensus, which is essential in such matters. This departure undermines the principles of fairness and impartiality, which are critical to the credibility of the Selection Committee. Instead of fostering deliberation and ensuring a collective decision, the Committee relied on its numerical majority to finalize the names.”

The Indian National Congress had proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for Chairperson and recommended the names of Justice S. Muralidhar and Justice Akil Abdulhamid Qureshi as Members of the NHRC stating that, both of whom have exemplary track records in upholding human rights. However, states the Dissent Note, “the dismissive approach adopted by the majority of the Selection Committee in today’s meeting towards these considerations is deeply regrettable.”

The dissent note dated December 18, 2024 has been made public. It outlines in detail the points of order.

Dissent Note

The meeting of the Selection Committee for selection of Chairperson and Members of the National Human Rights Commission (NHRC) was held at 1.00 PM on 18 December 2024 at G54, Parliament House.

Without prejudice to the names of the Chairperson and members approved by the Selection Committee, we respectfully record our dissent on the following grounds:

Firstly, the selection process adopted by the Committee was fundamentally flawed. It was a pre-determined exercise that ignored the established tradition of mutual consultation and consensus, which is essential in such matters. This departure undermines the principles of fairness and impartiality, which are critical to the credibility of the Selection Committee. Instead of fostering deliberation and ensuring a collective decision, the Committee relied on its numerical majority to finalize the names, disregarding the legitimate concerns and perspectives raised during the meeting.

Secondly, the National Human Rights Commission (NHRC) is a vital statutory body tasked with safeguarding the fundamental human rights of all citizens, particularly those from oppressed and marginalized sections of society. Its ability to fulfil this mandate depends significantly on the inclusiveness and representativeness of its composition. A diverse leadership ensures that the NHRC remains sensitive to the unique challenges faced by various communities, especially those most vulnerable to human rights violations.

We proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position of Chairperson, keeping in mind both merit and the need for inclusivity. Justice Rohinton Fali Nariman, a distinguished jurist from the minority Parsi community, is renowned for his intellectual depth and unwavering commitment to constitutional values. His inclusion would send a strong message about the NHRC’s dedication to representing India’s pluralistic society. Similarly, Justice Kuttiyil Mathew Joseph, a former Supreme Court judge, belonging to minority Christian community, has consistently delivered judgments that emphasize individual freedoms and the protection of marginalized groups, making him an ideal candidate for this critical position.

Furthermore, for the position of Members, we recommended the names of Justice S. Muralidhar and Justice Akil Abdulhamid Qureshi, both of whom have exemplary track records in upholding human rights. Justice S. Muralidhar is widely respected for his landmark judgments advancing social justice, including his work on custodial violence and the protection of civil liberties. Justice Akil Abdulhamid Qureshi, belonging to the Muslim minority community, has consistently defended constitutional principles and demonstrated a strong commitment to accountability in governance. Their inclusion would contribute to the NHRC’s effectiveness and its commitment to diversity.

Thirdly, while merit is undeniably the primary criterion, maintaining a balance that reflects the regional, caste, community, and religious diversity of the nation is equally important. This balance ensures that the NHRC operates with an inclusive perspective, sensitive to the lived experiences of all sections of society. By neglecting this critical principle, the Committee risks eroding public trust in this esteemed institution.

Lastly, the dismissive approach adopted by the majority of the Selection Committee in today’s meeting towards these considerations is deeply regrettable. The NHRC’s credibility and effectiveness depend on its ability to embody the diversity and inclusiveness that define India’s constitutional ethos. The names we proposed reflect this spirit and align with the foundational principles of the Commission. Their exclusion raises significant concerns about the impartiality and fairness of the selection process.

The Dissent Note May be viewed here.

 

Related:

UN-linked body GNAHRI defers accreditation of NHRC India for second term, flags absence of autonomy and diversity

Uttar Pradesh has highest number of cases “closed by the NHRC without reason”: NHRC data

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Safety & Social Audits Key to Women’s Safety: NHRC symposium recommendations https://sabrangindia.in/safety-social-audits-key-to-womens-safety-nhrc-symposium-recommendations/ Wed, 11 Sep 2024 08:00:00 +0000 https://sabrangindia.in/?p=37737 NHRC's National Symposium on Women's Safety at Work & Public Spaces concludes with suggestions for holistic approach, strengthened law implementation, safety audits of cities, and gender sensitization to ensure women's safety in work and public spaces

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On September 9, the National Human Rights Commission (NHRC) of India concluded its national symposium on Women’s Safety at Work & Public Spaces in New Delhi. NHRC Acting Chairperson Smt. Vijaya Bharathi Sayani emphasised the need for a holistic approach to address women’s safety, stressing the importance of strengthening existing laws and holding perpetrators accountable.

The symposium suggested safety and social audits of cities and institutions, gender sensitisation at all levels, and collaboration with professional institutions and organisations. NHRC Secretary General Shri Bharat Lal highlighted the challenges faced by women, especially those between 18-30 years, in the workforce and public spaces. Director General Shri Ajay Bhatnagar emphasized the need to address unequal power dynamics and involve men and boys in making society safe for women. Joint Secretary Smt. Anita Sinha stressed the need for collective prevention efforts to address the trauma faced by women.

Representatives from various ministries, national commissions, and police reflected upon several initiatives that have been taken by the government to ensure women’s safety in the workplace and public spaces. Some of the initiatives discussed include the Nirbhaya Fund, Mission Shakti, the Safe City Project, SHE-Box 2.0, and increased surveillance by police through CCTV cameras, lighting of dark spots in the city, gender sensitization programmes at the school and college level, and other similar programmes.

Some of the suggestions among others that emanated during the discussions were as follows;

  1. Safety and social audits of cities and institutions need to be carried out to get a better idea about the lags and issues that currently exist in terms of ensuring women’s safety when they enter the workplace and public spaces, preferably in collaboration with professional institutions and organizations;
  2. Better implementation of laws is needed to make sure that policies translate into tangible outcomes to improve the safety of women both at home, and outside;
  3. Have gender sensitization at all levels including schools, colleges, workplaces, top management of all major organizations, as well as in law enforcing systems, to adopt a preventive approach towards women’s safety with the help of civil society;
  4. Media in all its manifestations also needs to have guidelines for reporting crimes against women;
  5. Concentrated efforts need to be made to encourage bystander intervention in reporting crimes;
  6. As a society, the issue of women’s safety must be seen as a collective responsibility of all. It is imperative to collaborate productively rather than reacting once a major incident has occurred;
  7. Ensure all workplaces with working and proactive Internal Complaints Committees (ICC) to make women feel safe and comfortable.

The Commission will further deliberate upon more such inputs to finalise its recommendations. The symposium was attended by Ms. Meenakshi Negi, Member Secretary, NCW, Ms. Rupali Banerjee Singh, Member Secretary, NCPCR, Shri Pritam Yashwant Joint Secretary, MoWCD, Ms. Chhaya Sharma, Spl. Commissioner(Training), Delhi Police, Ms. Meeran Chadha Borwankar, former IPS, Ms. Kanta Singh, Deputy Representative, UN Women India, Shri Virat Bhatia, Managing Director, Apple India, Smt. Jai Shri Sharma, GM-HR, Delhi Metro Rail Corporation, Shilpa Lavania, VP-Human Resources, Invest India, Kiran Bishnoi, Sr AVP – Legal, Invest India, Prof. Ritu Gupta, Professor of Law at National Law University Delhi, Ms. Suneeta Dhar, Co-founder SAWF IN, Ms. Barsha Chakravorty, Head of Media, Breakthrough Trust, Ms. Amrita Thakur, Project Manager, Jagori, Ms. Poulomi Pal, Programme Specialist – EVAW, UN Women India.

 

Related:

UN-linked body GNAHRI defers accreditation of NHRC India for second term, flags absence of autonomy and diversity

Uttar Pradesh has highest number of cases “closed by the NHRC without reason”: NHRC data

Nothing ‘Right’ about India’s Human Rights Commission

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UN-linked body GNAHRI defers accreditation of NHRC India for second term, flags absence of autonomy and diversity https://sabrangindia.in/un-linked-body-gnahri-defers-accreditation-of-nhrc-india-for-second-term-flags-absence-of-autonomy-and-diversity/ Tue, 14 May 2024 13:06:09 +0000 https://sabrangindia.in/?p=35331 A major impact on India’s ability to vote at the Human Rights Council and some UN General Assembly bodies, as NHRC’s failure to effectively discharge its mandates to respond to the escalating human rights violations in India, lack of pluralism in selection and appointments of its duty holders and insufficient cooperation with human rights bodies

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The United Nations-linked body Global Alliance of National Human Rights Institutions “GANHRI” deferred the accreditation of the National Human Rights Commission of India (NHRC) for the second year again. The decision was taken during the meeting of the Sub-committee on Accreditations (SCA) held on May 1, 2024. The complete report of SCA on this meeting is yet to be made public. GANHRI, through the Sub-Committee on Accreditation (SCA), is responsible for reviewing and accrediting NHRIs in compliance with the Paris Principles.[1] This is a rigorous, peer-based process, undertaken by representatives of NHRIs from each of the four regions: Africa, Americas, Asia Pacific and Europe

This is the first time India’s status has been suspended for two years in a row, in 2023 and in 2024. Officials said the deferral was likely to reviewed later this year. The NHRC India (NHRCI) losing its ability to obtain re-accreditation in reviews is reflective of the NHRC India’s failure to effectively discharge its mandate and respond to the escalating g human rights violations in India. It is also a comment on the absence of pluralism in selection and appointments of its office bearers and other officials, insufficient cooperation with human rights bodies, amongst others. GANHRI SCA in their last meeting also recommended the NHRC India to improve its processes and functions in line with the United Nations Principles relating to the Status of National Institutions (The Paris Principles). However, both the NHRC India and the Indian government have yet again failed to make the requisite improvements and therefore the second time deferral GANHRI.

As of December 2023, GANHRI is composed of 120 members in which 88 “A” status accredited NHRIs and 32 “B” status accredited NHRIs.  “A” Accreditation is granted on the basis of full compliance with the Paris Principles adopted in year 1993 and “B” Accreditation is on partially compliant with the Paris Principles.

On March 22, 2023 several worldwide Human Rights Bodies namely Amnesty International, Human Rights Watch including 7 others had made representation to the Chairperson, GANHRI urging a review of accreditation of the NHRC at the SCA 2024 Meeting until NHRC India actually improves both independence and functioning in accordance with the Paris Principles.

The Paris Principles require NHRIs to be independent in law, membership, operations, policy and control of resources. They also require that NHRIs have a broad mandate; pluralism in membership; broad functions; adequate powers; adequate resources; cooperative methods; and engage with international bodies.

How NHRC India failed to compliant with the Paris Principles 1993

  • Involvement of Police officers in NHRCI investigations:

The Protection of Human Rights Act (PHRA), 1993 empowers the Indian government to appoint police officers of the rank of Director General of Police or above as necessary for the efficient performance of the NHRCI.7 In the 2017 and 2023 reviews, the SCA had recommended the real or perceived conflict of interest in engaging police officers for the investigation of human rights violations, particularly those committed by the police itself. It had further noted that the Paris Principles require a national human rights institution to operate independent of government interference and recommended amendment of the Protection of Human Rights Act (PHRA, 1993) in a manner that allows independent appointment of suitable and qualified persons for investigative positions. However, the Indian government has not undertaken any legislative process to fulfil the SCA’s recommendation to date nor has it initiated any consultation on the same. On the contrary, the NHRCI’s website boasts of “multi-dimensional” inquiries by the Investigation department, termed as “specialised”, but comprising solely of police officers.

  • Lack of Pluralism and Opacity in the Selection Criteria:

The SCA has repeatedly raised concerns about the lack of diversity in the NHRCI and recommended a “pluralistic balance in its composition and staff” by ensuring the representation of a diverse Indian society including, but not limited to religious or ethnic minorities.

In response, the Indian government expanded the eligibility criteria for a chairperson to include a person who has been Supreme Court judge without adequate legislative consultation. Earlier, only a person who had been the Chief Justice of India was eligible for the position of a chairperson.

Similarly, despite the SCA’s recommendation to amend the PHRA, the legislation continues to empower the Indian government to recruit a civil servant with the rank of Secretary to the Government for the role of Secretary General of the NHRC India This stands squarely in violation of the Paris Principles that are premised on independence from government interference.

A citizens/civil society analysis of the recruitment for chairpersons in the other concurrent thematic commissions on minority rights, child rights, women, persons with disabilities and backward classes, between 2018 and 2023 demonstrate that such recruitments continue to act as de-facto extensions for former government servants or parliamentary members associated with the ruling political party This constitutes a direct attack on the independence of the commissions and stands to compromise autonomy of the institution.

During the 2023 review, the SCA had also noted that three of the six positions in the NHRCI remained vacant. Two of the three positions remain vacant to date. It had also highlighted the lack of gender balance in leadership positions with only 95 out of 393 staff positions held by women in the NHRC.

  • Lack of cooperation with human rights bodies:

During the March 2023 review, the SCA had taken note of the NHRCI’s lack of effective engagement with civil society and human rights defenders (HRDs) in India and recommended additional steps to increase its cooperation with them outside of the Core Groups of non-governmental organisations (NGOs) and HRDs that the NHRCI has created. The SCA had also recommended the NHRCI to interpret its mandate in a “broad and purposive manner to promote a progressive definition of human rights.

In August 2023, the NHRCI held the first meeting of the re-constituted Core Group on NGOs and HRDs but failed to take note of the deliberate and sustained targeting of religious minorities and human rights defenders under a range of overly broad and vague laws and policies, leading to hate crimes, particularly against Muslims, Christians and Dalits. It also failed to recognise the ongoing erosion of their human rights, including access to education, employment, housing, and violations of their rights to freedom of expression, religion, association and to non-discrimination, which continue to go unpunished.

The NHRCI announced national and lifetime awards for human rights defenders while numerous human rights defenders languish in detention without trial under various draconian laws including the Unlawful Activities (Prevention) Act (UAPA) – India’s primary counter terrorism law for years now. This includes the 16 human rights defenders, nine of whom continue to be detained in connection with the Bhima Koregaon-Elgar Parishad case for more than five years now; Kashmiri human rights defender Khurram Parvez who has been in detention since November 2021; and Muslim student activist Umar Khalid and other human rights activists whose bail appeals in connection with the February 2020 Delhi riots have been repeatedly denied by various courts since October 2020. The NHRCI has not taken any concrete steps to respond to the situation of the HRDs or intervene in a timely manner despite various UN special rapporteurs calling on Indian authorities to release the HRD.

It has also failed to take meaningful and timely action on the rising ethnic violence in Manipur which started in May 2023, the intensification of repression in Jammu & Kashmir after the abrogation of Article 370 of the Indian Constitution in August 2019, the communal violence in Haryana in August 2023, Uttarakhand in June 2023, the human rights violations during the February 2024 farmers protests, the misuse of the Foreign Contribution (Regulation) Act that has been used to silence peaceful dissent, and the Citizenship Amendment Act that was operationalised on 11 March 2024. Human rights defenders have also repeatedly raised concerns about the inordinate delays by the NHRCI to effectively dispose of cases.

What is Accreditation and why does it matter?

Key to the mandate of GANHRI is to accredit NHRIs based on their compliance with the Paris Principles, under the auspices of the OHCHR. The accreditation process is administered by the SCA. The SCA has been reviewing NHRIs’ compliance with the Paris Principles since 1999. Over time, the accreditation process has developed and has been strengthened to ensure the process is fair, rigorous, transparent and consistent.

A review of the jurisprudence of the SCA over time demonstrates that the expectations on NHRIs have increased substantially, as has the ability of the SCA to offer concrete and practical advice to NHRIs in relation to these expectations. This increased rigour has been made necessary by both the proliferation of NHRIs and their increasingly important role at national, regional and global levels. Accreditation signals international acceptance of an NHRI and its compliance with the Paris Principles. As such, it confers substantial legitimacy on an NHRI.

The failure of India’s NHRC to comply with the structural and substantive issues recommended by the GANHRI raises questions of its credibility as an effective national human rights body.


[1] Paris Principles Requirements for National Human Rights Institutions were defined at the first international workshop on National Institutions for the Promotion and Protection of Human Rights (Oct 7-9), 1991. They were adopted by the United Nations Human Rights Commission by its Resolution 1992/54 of 1992 and by the UN General Assembly in its Resolution 48/134 of 1993. The 1993 Paris Principles regulate to the status and functioning of national institutions for the protection and promotion of human rights knows as National Human Rights Institutions-NHRIs.

 

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Nothing ‘Right’ about India’s Human Rights Commission https://sabrangindia.in/nothing-right-about-indias-human-rights-commission/ Thu, 28 Mar 2024 03:50:31 +0000 https://sabrangindia.in/?p=34125 The accreditation review of the National Human Rights Commission of India (NHRCI), is scheduled to take place in the last week of March 2024 and in the last week of April 2024.  This year, the Sub-Committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI), will consider the reports about the […]

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The accreditation review of the National Human Rights Commission of India (NHRCI), is scheduled to take place in the last week of March 2024 and in the last week of April 2024.  This year, the Sub-Committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI), will consider the reports about the NHRCI, received from civil society (both national and international), the NHRCI and other stakeholders including UN Special Procedures on March 26 and will have a separate sitting in the in the week of  April 29  to May 3, when they will conduct their actual internal review. In March 2023, at its earlier scheduled accreditation, NHRCIs accreditation was deferred by one year. At present, the SCA is chaired by New Zealand and consists of representatives from Honduras, Greece, and South Africa.

First in October 2022 and then again in October 2023, the All India Network of NGOs and Individuals Working with National and State Human Rights Institutions (AiNNI) submitted detailed civil Society reports to GANHRI.

Both these reports unequivocally stated and with irrefutable evidence that the NHRCI had failed to uphold its mandate to protect and promote human rights in India. There is absolutely nothing right’ with India’s Human Rights Commission and to say that, volumes can be written of this pathetic state of affairs, is surely an understatement! Several global indicators and even national ones, provide fool-proof data to substantiate this!

The prestigious Swedish V-Dem (Varieties of Democracy) Report 2024, finds India to be in the bottom 40-50% of the 179 countries reviewed and puts it at one of the top ten ‘autocratisers’ in recent times. India dropped down to electoral autocracy in 2018 and continues to remain there.

India’s autocratization process is well documented, including gradual but substantial deterioration of freedom of expression, compromising independence of the media, crackdowns on social media, harassments of journalists critical of the government, as well as attacks on civil society and intimidation of the opposition.

The ruling anti-pluralist, Hindu-nationalist Bharatiya Janata Party (BJP) with Prime Minister Narendra Modi at the helm has for example, used laws on sedition, defamation, and counterterrorism to silence critics.

The Government has undermined the Constitution’s commitment to secularism by amending the Unlawful Activities (Prevention) Act (UAPA) in 2019. The Modi-led government also continues to suppress the freedom of religion rights. intimidation of political opponents and people protesting government policies, as well as silencing of dissent in academia. All this, clearly blatant violation of human rights!

A study by the research group the ‘World Inequality Lab, (mid-March 2024), found that the wealth concentrated in the richest 1% of India’s population is at its highest in six decades and the percentage share of income exceeds that of countries including Brazil and the United States.

The study highlighted the fact that by the end of 2023, India’s richest citizens owned 40.1% of the country’s wealth, the highest since 1961, and their share of total income was 22.6%, the most since 1922. The gap between the rich and the poor continues to widen with the growing impoverishment of vulnerable sections of society!

On March 20, the UN’s International Happiness Day, The World Happiness Report was published by the UNs Sustainable Development Solutions Network. The Report takes into account six variables: GDP per capita, healthy life expectancy, having someone to count on, freedom to make life choices, generosity, and freedom from corruption. India was ranked a pathetic 126 out of 143 countries surveyed.

Corruption has indeed become new normal: India has undoubtedly the most corrupt government since independence! The unprecedented scam of the Electoral Bonds (EB) rocks the nation- it is regarded by some as ‘the world’s biggest scam’! Fortunately, the orders of the Supreme Court have necessitated the opening of the Pandora’s box, revealing how corrupt the ruling party is. With demonetisation in 2016, the ruling regime amassed a huge amount of wealth.  The ‘PM Cares Fund’, which is shrouded in secrecy, has accumulated huge sums of money.

There is the rise of majoritarianism, best indicated in the unbridled power of a fascist ideology termed as hindutva’. Religious intolerance is mainstreamed.

The demonisation and discrimination of minorities (Muslims, Christians and Sikhs), happens with frightening regularity with hate speeches and targeted violence.

A recent report by an independent private agency has detailed 601 attacks on Christian personnel/ institutions in 2023.  Violence on the Kuki tribal population (mainly Christian) which began on May 3, 2023, still continues with obvious approval from the BJP Governments both in Manipur State and at the Centre.

On March 16,a group of International Students in the University Hostel in Ahmedabad whilst praying their namaaz, were brutally attacked by hindutva elements. The anti -conversion laws in BJP-ruled States clearly undermine Constitutional Article 25, the Freedom to preach, practice and propagate ones religion.

The World Press Freedom Index 2023 ranked India 161 out of 180 countries. Human rights defenders, dissenters and all those who stand up for truth and justice are harassed, incarcerated and even killed. The renowned Delhi University Professor G. N. Sai Baba was falsely implicated in a case, languished in jail for ten years and was finally acquitted on March 5!  There are still several Human Rights Defenders languishing in jail, among them those incarcerated in the Bhima- Koregoan conspiracy case.

Opposition leaders like Arvind Kejriwal, Hemant Soren, Rahul Gandhi, Mahua Moitra have false cases foisted on them and even jailed!  There are draconian, prejudiced policies (all designed to decimate the Constitution) which include the Citizenship Amendment Act (the rules of which have just come into force), the National Education Policy, the anti-farmer (pro-Corporate) farm laws, the four labour codes, the Forest Conservation Amendment Act. Constitutional bodies like the Election Commission, the Enforcement Directorate, the Central Bureau of Investigation, the NIA, the Income-Tax, the police and even sections of the judiciary are compromised.

The Environment Performance Index 2022, by the World Economic Forum, ranks India last among 180 countries. The UNs Human Development Report 2023-24. ranked India 134 out of 193 countries.

The tragedy is that despite all this being in the public domain and from impartial, impeccable sources, the NHRCI has not found it appropriate to take cognisance of any of the above and to come out with statements, order investigations and publish their own independent findings!

On the contrary, it has over the years, clearly been a mouth-piece of the ruling regime and has not dared to taken on the Government when it has promoted or acquiesced with/in human rights violations. Not only on the above, but on several other counts, the NHRCI has failed to comply with the Paris Principles and to address the deteriorating human rights situation in India.

In a very detailed open letter entitled ‘Review of the Accreditation Status of the National Human Rights Commission of India’ (dated March 26, 2024)  and addressed  to the Chairperson of  the Global Alliance of National Human Rights Institutions (GANHRI),  nine of the world’s best known  human rights organisations including  Amnesty International stated, “The cumulative picture that emerges reflects the NHRCIs and the Indian governments clear lack of political will to act and the apparent reluctance to effectively respond to and address the deteriorating human rights violations in the country and to uphold transparency and accountability.

The failure to create a truly independent NHRCI stands to perpetuate impunity and hinder any effort to ensure that the Indian authorities respect and uphold human rights. Therefore, taking into consideration the clear defiance of the SCAs recommendations in 2006, 2011, 2016, 2017 and most recently in 2023, by the NHRCI, we strongly urge your office to evaluate the NHRCIs rating carefully during the upcoming accreditation process”

It goes without saying that the NHRCI, since it belongs to the people of India and accountable primarily, to the people of India – must make an immediate, concerted and conscientious efforts to change for the better by responding impartially and pro-actively to the growing human rights violations in the country! Whether the NHRCI will have the audacity, objectivity and honesty to do so, is anyone’s guess!  

(The author is a renowned human rights, reconciliation and peace activist/writer. He is the recipient of several international and national awards. He is also a member of AiNNI )

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Plea to NHRC: Fairly investigate into ‘enforced disappearance’ of youth off Bangla border https://sabrangindia.in/plea-to-nhrc-fairly-investigate-into-enforced-disappearance-of-youth-off-bangla-border/ Mon, 15 Jan 2024 06:43:21 +0000 https://sabrangindia.in/?p=32411 In a representation to the National Human Rights Commission (NHRC) chairman, human defender Kirity Roy, who is secretary, Banglar Manabadhikar Suraksha Mancha (MASUM) and national convenor, Programme Against Custodial Torture & Impunity  (PACTI), has said that his fact finding team has found out how the Border Security Force personnel are responsible for allegedly “enforced disappearance […]

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In a representation to the National Human Rights Commission (NHRC) chairman, human defender Kirity Roy, who is secretary, Banglar Manabadhikar Suraksha Mancha (MASUM) and national convenor, Programme Against Custodial Torture & Impunity  (PACTI), has said that his fact finding team has found out how the Border Security Force personnel are responsible for allegedly “enforced disappearance of a minority youth” off the border with Bangladesh.

Roy demanded that the NHRC should “fairly intervene” in the case, as the “right of the family of the deceased victim for a fair enquiry has been denied and such denial is still in continuation.


I wish to attract your attention over the systematic use of enforced disappearance practice by Border Security Force (BSF) personnel in 24 Parganas (North) to initiate an era of brutality at the said area of Indo- Bangladesh bordering area of West Bengal.

Through our fact finding it has been reported that the BSF illegally apprehended, tortured the victim to death and then instrumental in disappearing the body. From the time of incident the body of the victim could not be traced. The mother of the disappeared victim in this incident, Mrs. Nokila Mondal lodged complaints to the Swarupnagar police station, Superintendent of Police of 24 Parganas (North) and Sub Divisional Officer of Basisrhat sub division of 24 Parganas (North) district but authority failed to trace out the victim.

It must be mentioned here that enforced disappearance is considered to be the worst form of crime as the feeling of insecurity generated by this practice is not limited to the close relatives of the disappeared, but also affects their communities and society as a whole. It also an act of destruction of evidence of crime. This case is also adding up to the list of murders by Border Security Force, where the higher officials and police administration in a nexus, tries to save the perpetrators. It is also to be mentioned that the place of the incident is well inside Indian Territory from border of Bangladesh.

The perpetrator Border Security force personnel not only violated the rights guaranteed in Article 21 of Indian Constitution but also the premise of Article 7 of International Covenant on Civil and Political Rights as well as the Goal number 8 and 16 of Sustainable Development Goal earmarked by United Nations and in both these international instruments; the government of India is a party and have agreement. The incident and subsequent impunity legitimize our long standing demand for immediate ratification of United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment and Declaration on the Protection of all Persons from Enforced Disappearances. The perpetrators also violated the article 2, 3 and 8 of Code of Conduct for Law Enforcement Officials; Adopted by General Assembly resolution 34/169 of 17 December 1979. The perpetrator Border Security Force personnel also made offence under section 201 of Indian Penal Code for causing disappearance of evidence in order to screen their offence. I am sorry to say that thousands of incidents of torture, killing and disappearance by men in uniform have been reported to NHRC and other governmental agencies but no proper remedial or corrective measures have been taken.

I hope that the Commission would fairly intervene in this present case as the right of the family of the deceased victim for a fair enquiry has been denied and such denial is still in continuation.

Under the circumstances we demand:

  • BSF should be posted in actual borders and not inside villages.
  • The whole incident must be investigated by Commission’s own investigating team.
  • In first instance while the mother of the victim made a written complaint to the Swarupnagar PS on 15th of December 2023, no FIR has been registered, later while she made the similar complaint to the Superintendent of Police on 26th December 2023, FIR has been registered, thus punitive action must be initiated against the on duty police personnel of Swarupnagar PS.
  • Immediate direction should be given to the concerned authorities for taking necessary action to recover the body of the disappeared victim.
  • The guilty Border Security Force personnel involved must be booked and prosecuted in open court of law.
  • The police and BSF administration must take appropriate steps to control cross border smuggling in bordering villages instead of collaborating with the smugglers.
  • The family of the victim must be duly compensated and security and safety of the witnesses and family members must be ensured.
  • Any other action as the Commission may deem fit and proper.

***

Name of the Victim: Mr. Milan Mondal, son of Late Arshad Mondal, aged about 33 years, by faith – Muslim, other backward caste, by occupation an agrarian wage labour and part time involvement in cross border smuggling of goods as mere courier, without possessing agrarian land, resident of village- Daharkanda, Police Station- Swarupnagar, Block – Swarupnagar, Gram Panchayet- Bithari- Hakimpur, Post Office – Hakimpur – 743273, District – 24 Parganas (North), West Bengal. Aadhar card no. 418181583594

Name of the secondary victims: (i) Ms.Nokila Mondal, aged about 54 years, mother of the victim. (ii) Master Hasan Mondal, aged about 6 years, son of the victim. All are residing at village Daharkanda Police Station- Swarupnagar, Block – Swarupnagar, Gram Panchayet- Bithari- Hakimpur, Post Office – Hakimpur – 743273, District – 24 Parganas (North), West Bengal.

Thousands of incidents of torture, killing and disappearance have been reported to NHRC, yet no proper remedial measures have been taken

Date & Time of the incident: On 14.12.2023 at about 5:30 pm and thereafter.

Place of the incident:  At the bank of Sonai river inside Indian territory, between 7 and 8 No. BSF OP of Bithari BOP of BSF Battalion No. 112 .

Details of the perpetrators: 1) Border Security Force personnel who were on duty at the mentioned date and time of the incident at the OP number 7 and 8 at the bank of Sonai river, attached with Bithari BOP of 112 Battalion of BSF, 2) Mr. Rabindra Kumar Yadav, Company Commander of BSF, 3) Officer in Charge of Swarupnagar Police Station and 4) on duty police personnel of Swarupnagar Police Station.

Details of the witnesses: 1. Mr. Jubbar Sardar, son of Ajgar Sardar of Village – Padmabila, Post Office – Hakimpur, Police Station – Swarupnagar 2. Ms. Abeda Sardar, daughter of Late Dhanai Sardar, Village – Padmabila, Post Office – Hakimpur, Police Station – Swarupnagar 3. Ms. Nazma Bibi, daughter of Ater Ali, village- Daharkanda, Post Office – Hakimpur, Police Station- Swarupnagar

Fact Finding Report of MASUM:  The victim Milan Mondal lost his father and subsequently his wife. 23 years ago his widow mother returned to her paternal village and started living with Milan. They don’t posses a piece of land for agriculture and sustaining without any regular income. Nokila Mondal; mother of the victim used to work as agrarian labour. Milan Mondal’s wife died four and half years ago due to blood cancer, leaving a boy child, who is 6 years old now and totally dependent on his father, the victim. Milan Mondal has part time involvement in cross border smuggling as courier like almost all unemployed youth of that area. Presently none from the area has been allotted with MGNRGEA work.  We found that the poverty alleviation and self employment schemes of state and central government is not reaching the masses in this area. Milan’s mother is getting 5 kilogram of rice and 3 kilogram flour per month from ration shop free of cost.

On 14th of December 2023, Milan left his home at around 5 pm and reached at the bank of Sonai river (between 7 and 8 OP of BSF ) with a bag consisting few bottles of Phnsydil (an Indian brand of cough syrup). The on duty BSF personnel of OP number 7 and 8 encircled and captured/ detained him. At this very moment, the people of that area and passerby heard sound of gun shot (which the witnesses confirmed later) and within few minutes two BSF vehicles; one green coloured jeep and one black bigger vehicle reached at the spot of occurrence, and BSF personnel started restricting villagers to reach the spot. Ms. Nazma Bibi, a witness informed the fact finding team that the gun shot sound which she heard was just few minutes before the entry of BSF vehicles at the place of occurrence and subsequent restriction made by BSF to reach the bank of Sonai river. From that time only, there is no trace of Milan Mondal. At around 7.15 pm, Mr. Kalimuddin Molla, son of Samsuddin Molla of village Daharkanda; who employed Milan Mondal to smuggle the goods called Milan on his mobile from his mobile (Kalimuddin Molla’s mobile number 8670565770 and Milan Mondal’s mobile number 9800168796) but the call was received by one BSF personal, who informed that he picked the mobile phone from bank of the Sonai river along with a Gamcha (towel). Later on 15th December 2023 at around 12 noon, someone informed the mother of the victim that Milan’s trouser, t-shirt and sandals were lying at the bank of the river, which she collected from the spot. Milan’s mother Nakila Mondal visited Swarupnagar PS on 15th December 2023 with a written complaint, which has been entered as GDE No. 702/23 dated 15/12/2023 but that was not transmitted into FIR.. On 15.12.2023, police personnel from Swarupnagar PS, villagers, professional divers and BSF collectively made search operation but in vain.

The mother of the victim made another subsequent appeal to the police officials and in this course on 26th December, she made complaints to the Superintendent of Police of Basirhat Police District and requested him for the whereabouts of her son. This complaint was registered as Swarupnagar PS Case No. 768/23 dated 26.12.2023 under sections 302 and 201of Indian Penal Code against unknown BSF personnel of Bithari BOP of 112 Battalion of BSF.

The local administration and Gram Panchayet members, named Hakim Gain, a Gram Panchayet member and Illiyas Gazi; husband of Gram Panchayet member Ms. Rupsa Gazi are intimidating and threatening the family members and witnesses and asking the mother of the victim to withdraw the complaint. On 31.12.2023 evening, BSF personnel with a convoy from Bithari BOP of 112 BSF Battalion visited the house of Jubbar Sardar; a witness, and pressurised him and ask him to keep mum.

As the place of occurrence (river bank of Sonai) is under the jurisdiction and complete control of BSF and BSF personnel are present there to guard the area, it is evident that only they have the whereabouts of the victim, secondly the mobile phone set is with one BSF personal also corroborating their involvement. The place of occurrence is being heavily guarded by BSF personnel, in this situation none other can put the apparels and slippers of the victim at the bank of the river, so it is clear that Milan was apprehended/ captured by BSF personnel and only they have the whereabouts of Milan Mondal.

Courtesy: CounterView

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Assault on students during peaceful protest in Allahabad protested, complaint to NHRC https://sabrangindia.in/assault-on-students-during-peaceful-protest-in-allahabad-protested-complaint-to-nhrc/ Fri, 10 Nov 2023 11:42:54 +0000 https://sabrangindia.in/?p=30972 The HRD Alert-India has, in a strongly worded complaint, protested the assault of students during a peaceful protest in Allahabad University; the assault was, reportedly, by officials of the university and the issue exacerbated, by a failure of the police to file an FIR

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In a complaint addressed to Indrajeet Kumar (National Focal Point – Human Rights Defenders & Assistant Registrar) of the National Human Rights Commission (NHRC), HRD Alert-India has expressed concern regarding the assault on a peaceful and unarmed student protest allegedly by the Chief Proctor of Allahabad University (AU). Worse, instead of an arrest of the said official, the Karnal Ganj police station refused to register an FIR on the students’ complaint and detained the students.

HRD Alert -India is a forum of Human Rights Defenders for Human Rights Defenders. It endeavours to initiate actions on behalf of Human Rights Defenders under threat or with security concerns.

Weeks ago, on October 17, 2023, a group of students first demonstrated at Student Union Building of AU in the morning. At around 11:00 am they reached the library gate from Chhatrasangh Bhavan and sat on a peaceful sit-in/dharna. Reportedly, around 11:30 am some police personnel and Mr. Rakesh Singh, the chief proctor of the university reached the spot where the students were protesting. Seeing them, some students shouted slogans against both the university administration and chief proctor.

The chief proctor, Rakesh Singh, it is shockingly alleged, after hearing the student’s slogans, took a policeman’s baton and started beating a student with the baton while the police officials stood silently. The video of this incident was put on social media and went viral.

 The background of the protests is this: In September 2022, the fee of Allahabad University for under-graduate courses was increased by 300%. Students have been protesting since then against the fee hike since September 2022, demanding that it be rolled back. Many students have been suspended for participating in these demonstrations. There have been protests for the reinstatement of these students who were suspended.

Thereafter, on October 17, it is stated in the complaint, instead of stopping the Chief Proctor from assaulting the students, the police forcefully took away students at 11:30 am to Karnal Ganj police station, Allahabad. At around 11:50 am, around 50-60 students reached Karnal Ganj police station, Allahabad demanding the police act against the proctor who assaulted the protestor and release the detained students. Mr. Vivek, a student of the university wrote an application to the Station House In charge, Karnal Ganj Police Station mentioning the incident and asked for action to be taken. However, the police officials of Karnalganj police station did not register an FIR saying that there is pressure from higher authorities, and they cannot file an FIR against the assault.

On October 18, 2023, some students met the Superintendent of Police (SP), Allahabad and requested him to act against the Chief Proctor. Though the SP assured them of action but no action has been taken yet and no FIR has been filed by the police. After this protest, four more students have been suspended by the Chief Proctor.

HRD Alert- India states that the organisation believes that “the assault by Chief Proctor on peacefully protesting students in front of the police officials is an arbitrary, illegal, and serious violation of constitutionally guaranteed right to life and peaceful assembly. Furthermore, registering an FIR regarding complaint of assault is the duty of the police under Section 154 of the Criminal Procedure Code.

“The right to freedom of peaceful assembly is an essential right in a democracy and Article 19 (1) (b) of the Indian Constitution guarantees the right to peacefully assemble. Article 21 of the Indian Constitution ensures to all its citizen right to life – a life to live without fear, intimidation, harassment, or mental torture.

“Unprovoked lathi-charge on unarmed protestors is a violation of the Articles 19 and 21 of the Indian Constitution. Hence, the complaint by HRD Alert-India states that, “the lathi-charge on unarmed protesters, is a violation of international human rights laws. A peaceful assembly is protected under the Article 21 of the International Covenant on Civil and Political Rights (ICCPR).

“According to the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voule, ‘states and their law enforcement agencies and officials are obligated under international law to respect and protect, without discrimination, the rights of all those who participate in assemblies, as well as monitors and bystanders. The potential for violence is not an excuse to interfere with or disperse otherwise peaceful assemblies.’”

Finally, the complaint that urges the NHRC to take cognisance of the case has also urged that:

  • The Superintendent of Police (SP) of Allahabad is directed (by the NHRC) to initiate and urgent, unbiased and transparent inquiry on the wilful negligence and inaction by police personnel of Karnal Ganj police station for not registering an FIR against the Chief Proctor Mr. Rakesh Singh and submit a detailed report in writing to the honourable Commission in two
  • That, depending on the result of the inquiry take strict action against the Police personnel of Karnal Ganj police station Allahabad for not registering the FIR and submit the report to the NHRC within two
  • That, a direction for an FIR against chief proctor and police personnel of Karnal Ganj police station, Allahabad for their wilful negligence and inaction to register an FIR should also be ordered by the NHRC.

 

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Curb prison suicides: NHRC advisory to Union, States https://sabrangindia.in/curb-prison-suicides-nhrc-advisory-to-union-states/ Fri, 23 Jun 2023 12:07:35 +0000 https://sabrangindia.in/?p=27891 Jail authorities were asked to do regular check on bed sheets and blankets of inmates to ensure that these are not used for suicide attempts.

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Addressing the critical issue of suicides in prisons, the National Human Rights Commission (NHRC) on Friday, June 23, 2023, issued an Advisory to the Union, States and UTs to take immediate measures to check the same.

In an advisory issued by the NHRC asked to the Union, States and UTs, to mitigate suicide attempts by prisoners in judicial custody. The Commission) observed that most of the unnatural deaths of prisoners occur due to suicide.

The advisory has stressed that besides focusing on their mental well-being, to stop suicides, the barracks as well as the toilets, where most suicides take place, should be kept free of objects, which can be used for hanging, e.g., iron iods/irills, fans, hooks or similar objects.

Encouraging visits by the family members of the prisoner and their telephonic communications with them is another important recommendation. The Commission, in a letter through its Secretary General, Devendra Kumar Singh, to all the Chief Secretaries of States and Administrators of Union Territories with a copy to the Ministry of Home Affairs, Bureau of Police Research and Development, and all Director General Prisons, has asked for the implementation of its recommendations in the Advisory and sought Action Taken Report within three months.

Focus on key areas

The Advisory has focused on eleven key areas for action by the Union, States, and UT Administrations: filing up the vacancies and augmenting the staff strength; training Prison staff and prisoners, screening their mental health at the admission stage; supervision and monitoring at-risk prisoners; creating a collaborative framework for mitigation; issue of addiction among prisoners, compliance with the relevant statutory provision; prison housekeeping; strengthening the independent visitor system and improving prison architecture & its environment.

Other recommendations

  1. Abrasive and corrosive chemicals, such as phenyls, acids, etc., used for cleaning toilets and surfaces, to be kept beyond the reach of prisoners
  2. Tools used for building maintenance, such as ropes, glass, wooden ladders, pipes, etc., are to be kept in the safe custody of the concerned Prison staff
  3. Regular check and vigil on bed sheets and blankets of inmates be exercised to ensure that these are not used to make ropes, etc to attempt suicide
  4. The place/area in Prison prone to such acts be identified and corrective actions, including installations of CCTVs, be ensured
  5. Mental health screening be included in the initial health screening report of every prisoner
  6. Existing vacancies of Prison staff should be filled up particularly those of Prison Welfare Officers, Probation Officers, Psychologists, and Medical Staff and the strength should be suitably augmented to include Mental Health professionals
  7. A component of mental health literacy must be included in the basic training of Prison staff with periodical refresher courses
  8. Selected Prison staff in each Prison barrack be trained in providing Cardiopulmonary Resuscitation & First Aid (CPR), particularly for handling attempted hanging, bleeding through self-inflicted cuts, or on ingesting toxic substances
  9. Regular observation by Prison staff and assignment of a prisoner ‘buddy’, trained in psychological first aid
  10. Adequate number of telephones for contact with friends or family of the prisoner to be ensured in accordance with relevant regulations
  11. Family members of the at-risk inmates must be contacted to give them the required assurance, counseling, and mental support; their visits should be encouraged to provide emotional support to the prisoners
  12. Gatekeeper Model: (devised by the World Health Organization, WHO), to strengthen mental health care in Prisons be implemented for training of carefully selected inmates to identify prisoners at risk of suicide
  13. Measures to tackle the issue of addiction among prisoners be undertaken by regular visits of mental health care professionals and de-addition experts
  14. Prisoners must be provided with life-skill-based education and activities like yoga, sports, crafts, drama, music, dance, and suitable spiritual and optional religious instructions to channelize their energies positively and occupy their time. This can be done with the help of reputed NGOs if required
  15. The facilities for up-skilling, vocational guidance, and means for financial independence to be increased. Long terms skilled prisoners may be linked with government schemes for entrepreneurship.

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