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THE TIMES OF INDIA India

NHRC vows to strengthen human rights defenders

TNN | Dec 10, 2014, 03.56AM IST

NEW DELHI: The National Human Rights Commission (NHRC), on the eve of Human Rights Day on Wednesday, appealed to state governments to come forward on the occasion to endorse publicly the importance of this special day through various forums in order to help usher in a culture of human rights in the country. It has also pledged to stand up for human rights defenders (HRDs) whether in India or globally. The NHRC will on Wednesday organize a programme where Lok Sabha speaker Sumitra Mahajan will release some NHRC publications for spreading awareness against rights abuses. The slogan of this year's Human Rights Day - 'Human Rights 365', encompasses the idea that every day is Human Rights Day.

Sumitra Mahajan calls for balanced view on human rights Last Updated: Wednesday, December 10, 2014 - 22:34

New Delhi: Lok Sabha Speaker Sumitra Mahajan on Wednesday stressed on the need for balance when considering the human rights of those accused of crime and the victims.

"It is important that no one should be in jails for years just like that. But at the same time, what is the circumstance of the victims? ...They do not have just physical wounds, they have mental wounds as well. There should always be a balancing view," Mahajan said, addressing a function organised by the National Human Rights Commission (NHRC) to observe the Human Rights Day.

"There was a question in Parliament recently on undertrials. You (NHRC) have gone to the jails and witnessed the situation... There are talks of crimnals but I think, there should be talks of victims as well. There should be a balance between both," she said.

Mahajan also drew attention to the condition of security personnel who have been accused of human rights violations.

"When we talk about human rights, there are times, when there are allegations on our security jawans as well...We also have to see under what circumstances they were working. I am talking about everybody. A balanced view is needed presently," she said.

She said that violation of rights in households as well as villages should also be given priority and the society needs to give issues like honour killings a serious thought.

"When we talk about social stability...The violation of rights in households, one should give importance to that... today honour killing is such a subject which the entire society has to think... What the society wants on this. Our girls are deprived of the right to education today," she said.

She noted that if we minutely look at Indian culture, its holy books and thought processes, there is not only talk about human rights in them, it talks about the rights of all the beings which reside in this universe.

PTI First Published: Wednesday, December 10, 2014 - 22:34

Human rights not an outside concept: Lok Sabha speaker IANS | New Delhi December 10, 2014 Last Updated at 21:22 IST Lok Sabha Speaker Sumitra Mahajan Wednesday said human rights was not an "outside" concept as Indian culture talks not only of rights of human beings but also gives respect to plants and trees.

Addressing a function organised to mark Human Rights Day here, she said it was sad to see girls, who are in their early 20s, being married off.

"Whenever, I go to my constituency and to other areas of the country, I often see girls being married off at very early stage of their lives," Mahajan said.

"Why this is being done? It's about her rights, her right to education, her right to choose life partner," she said.

The speaker said the concept of human rights and even the rights of non-living things has been imbibed in Indian culture for a long time.

"Why it seems that the concept of human rights has come from outside... it's been there in our country for a long time. Here we not only talk about human rights but the rights of trees and even non-living things," she said.

Mahajan said every person's rights were equally important and must be protected at all costs.

"Women are also humans as they too have similar feelings like men, so they should also be treated as humans when it comes to protecting humans rights," she said.

UN General Secretary Ban Ki-moon's message was read out on the occasion.

The function was attended by National Human Rights Commission (NHRC) chairman K.G. Balakrishnan.

Mahajan also released six publications of the NHRC on the occasion.

Empower NHRC with penal powers, says Judge Manipal, DEC 10, 2014, DHNS: 'Serious note should be taken against the barbaric violation of human rights in case of sexual atrocities' District and Sessions Judge Shivshankar B Amarannavar asserted that National Human Rights Commission (NHRC) should be empowered with penal powers. Speaking after inaugurating the Human Rights day celebrations here on Wednesday, the district judge said that the National Human Rights Commission is born toothless with no punitive powers. It recommends to State for taking action. It makes efforts to take into account the violation of human rights. He opined that serious note should be taken against the barbaric violation of human rights in case of sexual atrocities. He pointed out that the human rights day is celebrated to commemorate the day on which United Nations General Assembly accepted Universal Declaration of Human Rights (UDHR) on December 10, 1948. The UN decided to celebrate the human rights day on this day in 1950. It represented significant changes from events during World War II and the colonialisation that persisted during that time in the world. Asserting that the main purpose of the celebration is to educate people, the judge said awareness should be created among children and teenagers regarding human rights and importance of upholding these in their own communities. It is to alert people over the instances where UDHR is not recognised or respected. This year’s slogan, Human Rights 365, encompasses the idea that everyday is human rights day. ‘It celebrates the essential proposition in the fundamental rights, that each one of us, everywhere at all time is entitled to, which binds us together as a global community’. Stating that SC has expanded the scope of the right to life, he said the directive principles of State policy also act as guidelines while framing the human rights. Pointing out that India has not recognised some rights, he said the issue of abolition of capital punishment continues to be the topic of deliberation. Similar is the case with right to abortion and euthanasia. Even the attempt to suicide is punishable under IPC 309. Despite several attempts to make it unconstitutional, the SC has made it clear that right to life does not include right to die. The Government should enact the laws and see that whether it is infringed.

Speaking on the occasion, SP Rajendra Prasad said the police are always viewed as the most violators of human rights. It was slightly true in the previous years due to unavailability of techniques to track the truth, except third degree method and torture in the custody. However, the scenario is changed owing to many number of scientific methods like narco analysis, DNA test, calligraphic test, DNA and so on, he said and added that district police complaint authority would be shortly set up in Udupi district. Deputy Commissioner Dr R Vishal said officials play a major role in sustaining the human rights. India will have the highest number of populace in the working age group in the next 20 years. He said the right to education, skill development and employment opportunities are the need of the hour. He opined that if India has 10 per cent growth rate subsequently every year in the next 10 years, only then India can utilise the demographic dividend. Development is something wherein every person has the voice. He lamented that 90 per cent of the accused punished for capital punishment are poor, adivasis, SC/ST and minorities. They had no sufficient legal services.

Published on: Dec 10 2014 12:31AMSUICIDE OR HONOUR KILLING

NHRC orders DIG to probe Kalayat teenager’s death

Geetanjali Gayatri Tribune News Service Chandigarh, December 9 Over a month after the hurried cremation of a teenager in Kalayat, the cause of her death continues to be shrouded in mystery.

While the police and family are sticking to a “suicide” theory, an RTI activist, Baljit Singh Nayak, has termed it as “honour killing”. Questioning the role of the police in hushing up the case, he has moved the National Human Rights Commission to investigate the matter. The NHRC has directed the DIG (investigation) to submit a report in four weeks in a case where a case of fiddling with the deceased’s skull for the purpose of black magic was slapped on the complainant, Surender, by the girl’s family. He had complained to the police about the alleged “honour killing”. Kaithal SP, Krishan Murari, insists that investigation has been carried out in the case which is a suicide. “An honour killing can happen only in cases where there is a relationship between a girl and boy. The complainant has not been able to give the boy’s name. We have investigated and found it to be a suicide,” he maintains. However, when asked if any inquest proceedings were initiated and whether a case is made out against the parents who cremated her without informing the police within two hours of the teenager’s death, the SP said that the police came into the picture very late. “The girl had been cremated and everything was over. No post-mortem could be conducted. However, no case is made out against the parents of the girl who did not follow the procedure,” he claims, something Surender and Nayak challenge. In a complaint submitted to the SP, Kaithal and the CM, Surender claimed that he was returning from work on the evening of November 4 when he saw a few people from his area attending a cremation. “Upon enquiring, I found out that my sister’s friend, the daughter of a lab technician, had died and was being cremated. On probing further, some people claimed that she had been killed. I responded by saying that I would definitely lodge a complaint. Angered, the deceased’s family bashed me mercilessly,” recalls Surender.

He then approached Nayak the next morning for help and he was admitted to a hospital where a medico-legal report was made. Though the two had approached the police with their complaint of “honour killing,” the police registered a case against Surender for trying to take away the girl’s skull for black magic. Both of them have questioned the conduct of the police and had alleged that the cops were hand-in-glove with the girl’s family and were trying to arrive at a compromise by implicating Surender. While Surender was subsequently arrested, Nayak moved the NHRC and the Commission asked the DIG (investigation) file a report in the matter within a month. “I have not gone to my house in Kalayat, in the same colony, fearing for my life. I just want the truth to prevail. If it was a suicide, the family would not cremate her in a hurry. Even after the police got to know, it kept dragging its feet in an attempt to work out a compromise. The police should book the parents for destruction of evidence. All this speak volumes about the dubious role of the police,” says Nayak.

Govt decides to decriminalise attempt to suicide, to scrap Sec 309 IPC Press Trust of India | New Delhi December 10, 2014 Last Updated at 22:10 IST Attempt to suicide that is punishable by a one-year jail term will no longer be a crime with the government deciding to remove Section 309 of the Indian Penal Code(IPC) to decriminalise the offence.

The move by the Government came after it got the backing of 22 states and union territories. Minister of State for Home Haribhai Parathibhai Chaudhary while giving this information in the Rajya Sabha today said the Law Commission of India, in its 210th Report, had recommended that Sec 309 (attempt to commit suicide) of IPC needs to be effaced from the statute book.

Chaudhary said since law and order is a state subject, views of all states and union territories were sought on the recommendations of the Law Commission.

"18 states and 4 union territory administrations have supported that Sec 309 of the IPC may be deleted. Keeping in view the responses from the States/UTs, it has been decided to delete Sec 309 of IPC from the Statute book," he said in reply to a written question. Previously, suicide attempts in India were punishable by up to a year in prison or a fine, or both.

According to government data, 134,799 people committed suicide in 2013 compared to 135,445 in the previous year. There was no official data on the number of attempted suicides. The Law Commission that recommended repealing of Section 309 of IPC in its 210th report in 2008 said that sympathy, counselling and appropriate treatment and not punishment will prevent a person from committing suicide.

It called Section 309 a "stumbling block in prevention of suicides and improving the access of medical care to those who have attempted suicide."

The five states which did not fully support the move to delete Section 309 are Bihar, Madhya Pradesh, Punjab, Sikkim and Delhi.

Reacting cautiously to the government's move, National Human Rights Commission (NHRC) Chief Justice (rtd) K G Balakrishnan said there are various factors and he will wait for "views from all directions".

"There could be another view. Suicide is for various reasons. We had seen the draft legislation. It was also referred to NHRC. Let us see the reaction. Let us see the views coming from all directions," Balakrishnan said.

Asked whether NHRC supports it, he said, "It's not a question of supporting (government move). Suicide...People have got some mental depression, various reasons. Nobody will commit suicide simply. Various factors are there," he said.

To a query whether the NHRC had raised some concerns about the issue, he said that a question was raised in a NHRC conference but added, "Let us see the reactions."

Congress spokesperson and senior lawyer Abhishek Singhvi backed the Centre's move but said it was his "personal view" and his party has not taken a position on the issue.

"I am for it. Personally I support it. Congress has not taken a position on it. This is not something for political parties to decide. This is a sociological debate. I do not think Congress is obliged to take a view on it," Singhvi said.

He said he was aware that there could be several views on this issue like that on death penalty but insisted, "I find some merit in it in my personal opinion.

Crime tag set to go off suicide bid

- States favour IPC clause repeal: Centre

PTI AND OUR BUREAU

Irom Sharmila

Dec. 10: Suicide attempts, a crime punishable with up to a year in jail, will no longer be so with the Centre deciding to decriminalise the offence.

Twenty-two states have backed the plan to repeal Section 309 of the Indian Penal Code (IPC), which makes suicide bids a crime, junior home minister Haribhai Parthibhai Chaudhary told the Rajya Sabha today.

The Law Commission had in a report submitted six years ago recommended that the provision be struck off the statute, the minister said. The panel had termed the section a "stumbling block in prevention of suicides and improving access to medical care for those who have attempted suicide".

Today, Chaudhary said that since law and order was a state subject, the views of all states and Union territories were sought on the commission's proposal. "Eighteen states and four Union territory administrations have said that Section 309 of the IPC may be deleted. Keeping in view the responses of the states/UTs, it has been decided to delete the section from the statute book," he said in reply to a question.

The states that did not fully support the move include Bihar, Madhya Pradesh, Punjab, Sikkim and Delhi.

According to government data, over 1.34 lakh people committed suicide in 2013, around a thousand fewer than the previous year. No official data is available on suicide bids, which can now bring up to a year in jail or a fine, or both.

To bring about the change, the Centre will have to get cabinet clearance and move a bill in Parliament to amend the IPC. Sources said the process may be completed quickly as the government has made up its mind.

Once the offence is decriminalised, it could pave the way for some relief to protesters like Manipur rights campaigner Irom Sharmila, who has been fasting for nearly 15 years demanding the withdrawal of a law that gives armed forces immunity from prosecution in cases of rights abuse. Sharmila faces several cases under Section 309.

The Law Commission had recommended repeal of the section saying "sympathy, counselling and appropriate treatment, and not punishment, will prevent a person from committing suicide".

The Centre's announcement today drew guarded endorsement.

National Human Rights Commission (NHRC) head, former Chief Justice of India K.G. Balakrishnan, said there were various factors involved in the issue and he would wait for "views from all directions". "There could be another view. Suicide is for various reasons. We had seen the draft legislation. It was also referred to the NHRC. Let us see the views from all directions."

Asked whether the panel supported the move, he said: "It's not a question of supporting. Nobody will commit suicide simply. Various factors are there." On whether the rights body had raised concerns, he said a question was raised at an NHRC conference, but added "let us see the reactions".

Congress spokesperson Abhishek Singhvi backed the Centre's decision but termed it his "personal view" and said the party had not taken a position. "I am for it. Personally, I support it. The Congress has not taken a position on it. This is not something for political parties to decide. This is a sociological debate. I do not think the Congress is obliged to take a view on it," Singhvi, also a senior lawyer, said.

States Human Rights Commissions lack in transparency: NGO Press Trust of India | New Delhi December 10, 2014 Last Updated at 17:03 IST Jammu and Kashmir and Manipur are among six states which do not have dedicated websites for their Human Rights Commissions (HRCs) and most of the other states have inadequate compliance of suo-motu disclosures mandated under RTI Act, a report released by an NGO has claimed.

According to a compilation released by Commonwealth Human Rights Initiative (CHRI) on the occasion of Human Rights Day being observed globally today, besides J&K and Manipur, the HRCs in Andhra Pradesh, Goa, Uttarakhand and Sikkim also do not have their websites, making it difficult for people to register their grievances or to reach them. Interestingly, the link to Himachal Pradesh Human Rights Commission website--http://www.Himachal.Nic.In/hphrc-- does not open-up, the CHRI said.

The websites of Human Rights Commissions in Gujarat, Haryana, Karnataka, Kerala, Madhya Pradesh, Odisha, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh, Jharkhand, Haryana, Kerala and West Bengal lack on suo-motu disclosure as mandated under Section 4 of the RTI Act, it said adding that most of the contents on them are available in English only.

Whereas, Bihar Human Rights Commission has bilingual website--English and Hindi--and Maharashtra's portal is in English and Marathi, the report said.

"Most States Human Rights Commissions do not have their websites. The content mentioned on them are not updated regularly. It is difficult for the common man to raise their grievances with them," said Venkatesh Nayak, who works with the CHRI.

The data also shows rise in number of RTI applications pending with the National Human Rights Commission (NHRC) in past five years.

There were as many as 865 RTI applications pending with the NHRC in 2008-09 which rose to 2,409 in 2012-13, it said. There were 1,454, 2,034 and 2,455 RTI applications pending with the NHRC in 2009-10, 2010-11 and 2011-12, respectively, the compilation said.