Committee set up to act on SHRC recommendations

Syed Ali Safvi

JAMMU, Mar 16: After facing persistent criticism from the State Human Rights Commission (SHRC) for ignoring its recommendations, the state government has finally constituted a high-level committee to review and take action on the recommendations of the SHRC - mandated to serve as a credible watchdog institution meant for safeguarding and upholding the human rights of the people of J&K. The decision is also being viewed as an attempt to improve the human rights situation in strife-torn and conflict-ridden state of Jammu and Kashmir.

Set up by the state's Home Department, the one-member committee will be headed by the Financial Commissioner Home, Samuel Varghese.

The state government had come in for stern criticism from SHRC and state's independent human rights watchers for not taking the Commission's recommendations seriously.

Often referred to as a 'toothless tiger' and 'dead horse', SHRC is plagued by problems related to its powers and its autonomy, which have had a major impact on its functioning and credibility.

The Commission has reportedly forwarded 973 recommendations to the state government since its inception. Out of 973 recommendations, the government has taken action in merely 447 cases.

In its annual reports, SHRC had maintained that its recommendations are being treated like 'routine papers'.

It is pertinent to mention here that under Section 12 of the Jammu and Kashmir Protection of Human Rights Act, 1997 it is mandatory for the state government to initiate action on the report of the SHRC within a period of four weeks from its receipt and intimate the Commission about the action taken.

Prominent human rights activist and president Kashmir Bar Association (KBA), Mian Abdul Qayoom termed the decision as a mere 'eye wash'.

"Earlier also the government had constituted committees for reviewing the recommendation of SHRC, but they did nothing. This committee will also do nothing," he said.

He said that unless the law is amended and more power is given to the Commission, these committees would not yield any result.

Another separatist leader, Shakeel Bakshi said: "SHRC is a toothless tiger and the creation of a committee to review the Commission's recommendations is an attempt to keep Kashmiris in good humour."

Shakeel said that the state's Defence was in the hands of New Delhi and not in the hands of the state. Even the state legislature has no power to interfere in Defence related matters, he said.

Two former chairpersons of SHRC - Justice Abdul Qadir Parray and Justice AM Mir - have expressed concern over the government's callous attitude in implementing the recommendations of the Commission.

Justice Parray had made a complaint in 2002 stating that "cases of human rights violations in Kashmir at the hands of security forces are gathering dust in the official chambers of LK Advani. Our commission is only a recommendatory body and has not been provided with enough powers to force implementation."

Similarly, Justice Mir was quoted as saying, "Insofar as the implementation of the SHRC's recommendations was concerned, I am effectively whipping a dead horse".

Justice Mir had later resigned from the post of chairman SHRC to protest "growing human rights violations in the state and non-implementation of the Commission's recommendations".
"Right from the day I assumed the office, I have been observing that the government is not serious about the Commission. All along I made strenuous efforts for drawing the attention of the Government to the difficulties of the institution. The position has worsened from day to day," he had written in the resignation letter to the then Governor, Lt Gen (Retired) SK Sinha. "During my tenure, not a single recommendation made by the commission was implemented. SHRC has not been able to accomplish the object for which it was established. I waited for long in the hope that my efforts might yield some results."

The Common Minimum Programme of erstwhile Congress-PDP government had listed the strengthening of SHRC as one of the key objectives. Similarly, present government has also vowed to strengthen all the commissions, including SHRC. Despite the tall promises, the Commission's recommendations are biting the dust.

The Amendment to the Jammu and Kashmir Protection of Human Rights Act (PHRA) in 2002 stripped the SHRC of powers to appoint its technical staff and transferred this power to the government. The Commission can not appoint its own staff, and the government has failed to do so. Instead, the government transfers and replaces the SHRC staff at will, without consulting the chairperson.

For an institution that is often required to carry out independent investigations in order to verify and/or address complaints of human rights violation, the presence of investigating officers is essential. This is also stipulated in Section 11(1) of the Jammu and Kashmir PHRA.
After the exposure of the infamous fake encounter cases, then Chief Minister Ghulam Nabi Azad, in February 2007, said in the state Legislative Assembly that "all human rights violation cases in the state since 1990 will be probed". In October 2008, a Cabinet Sub-Committee, constituted to monitor the implementation of the recommendations of the State Human Rights Commission (SHRC), constituted a Special Task Force (STF). The STF was directed to visit different districts and have meetings with District Level Screening Committees, headed by Deputy Commissioners, to review the implementations/ recommendations of the SHRC since its inception (1997-1998). The STF was asked to submit its report to the Cabinet by November end, but the report never saw the light of day.

The human rights watchers have been relentlessly blaming that the state government for having failed to implement the recommendations of SHRC.

"The government, in some cases, has been simply cold shouldered. It has not even implemented SHRC's recommendations related to grant of compensation to victims in many cases," said a human rights watcher.