Human Rights

NHRC in J&K: dismal record

New Delhi: With negligible jurisdiction over rights violation in J&K, the National Human Right Commission (NHRC), could never dream of spectacular results. Reply to a RTI application filed by a Jamia Millia Islamia student Afroz Alam reveal how sordid had been its performance since 1993.

Out of 338 cases of human rights violation 20 could be proved while investigation in 52 was in progress. In the reply NHRC disclosed: A total of 34 cases under the head “disappearance” have been registered since 1993. 18 cases of fake encounters, 12 cases of death in police custody, 2 cases of communal violence and 104 cases of women’s exploitation have been registered.” So far as disposal of these cases are concerned the performance tally stands as follows. All 34 cases of disappearance, 18 cases of fake encounters have been disposed; whereas out of 21 custodial deaths and 24 of communal violence only one in each category are pending. Similarly out of 104 cases of women exploitation only one is pending. Cases of human rights violations by armed forces are pending out of 388 registered cases. 52 compensation to the tune of Rs 48.6 lakhs was awarded so far.

So far as percent wise performance in each category the performance is good. However, the real picture is totally different. Parveena Ahangar, who lost her son in 1989 (disappearance) claims that there are more than 8000 cases of disappearance. She alleged that even J&K government does not give consistent figures. In last August (2009) it had admitted of having 3429 cases of disappearance while in March 2010 the same Omar Abdullah government admitted a mere 1,105. Even out of the 1105 ex-gratia was paid only to 530 families. The NHRC’s role is merely of recommendation of monetary relief. Actual disbursement is the responsibility of the state government. Ahangar makes it abundantly clear, “we do not want the money …. we want our children back”

As the NHRC exercises jurisdiction on subjects under the central and concurrent lists it has no say in J&K subjects. NHRC Chairman, K.G. Balakrishnan, had recently desired full jurisdiction believing that it would be beneficial to the common people as it would give them “recourse to better redressal of grievances.”


This article appeared in The Milli Gazette print issue of 1-15 January 2011 on page no. 11

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