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UP decides against a human rights commission

Uttar Pradesh, which reported the maximum number of custodial deaths and other human rights violations last year, has withdrawn its earlier decision to constitute a human rights commission.

In a recent notification, the state government said, "The desirability of constituting a state human rights commission was considered extensively by the state government and it has been decided that the constitution of an Uttar Pradesh state human rights commission is not necessary".

The state had earlier decided to set up such a commission on a suggestion by Justice Ranganath Misra, then chairman of the National Human Rights Commission, and the views expressed by the Allahabad high court.

It had even issued a notification in this regard on April 4, 1996, under section 21(1) of the Protection of Human Rights Act, 1993.

A logical follow-up would have been a notification under section 21(2) of the act appointing the chairman and members of the proposed commission. But as the state was under President's rule at the time, this could not be done.

The NHRC directed the state government on July 30 this year to appoint the chairman and members of the proposed commission to make it effective. But the state government has decided instead to withdraw its earlier notification.

"The state government has said that in exercise of powers conferred by section 21 of the General Clauses Act, 1897, read with section 21 of the Protection of Human Rights Act, 1993, the governor is pleased to rescind with immediate effect the government notification number 2254 KHA/6-4-1996," its order said.

NHRC sources said of the total complaints received by the commission, a substantial percentage pertains to Uttar Pradesh. Of the 20,833 complaints received in 1996-97, 8,787 were from Uttar Pradesh. The corresponding figures in 1997-98 were 36,792 and 17,638.

In 1996-97, 170 custodial deaths were reported in Uttar Pradesh, which was second only to Maharashtra (200 deaths). Of the total cases disposed of by the NHRC that year, 56.99 per cent were from Uttar Pradesh.

The NHRC felt a state human rights commission would have provided quicker access to remedy to victims of human rights violations. It would have also obviated the need for the aggrieved parties to approach the already overburdened courts of law.

The rising number of complaints from the state is a reflection of the people's growing awareness of their rights, the sources said.

Apart from inquiring into individual complaints of rights violations, the state commission could have also addressed societal issues such as bonded labour and child labour, they added.

UNI

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