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on
record Denial of school admission or water is rights violation too National Human Rights Commission (NHRC) Chairman Justice K.G. Balakrishnan spoke to The Tribune, explaining the human rights violations taking place across the country and the commission's efforts to get quick justice for the victims of a wide range of violations, be it encounter killings, custodial deaths, excessive use of pesticides by Punjab farmers, child or bonded labour, atrocities against the Scheduled Castes or the failure of the corporate sector to discharge its social responsibility.
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R Sedhuraman talks to
Justice KG Balakrishnan NHRC Chairman Denial of school admission or water is rights violation too
Justice Balakrishnan, who has been the Chief Justice of India (CJI) for 40 months and also Chief Justice of the Madras and Gujarat High Courts during his over four decades in the legal profession, says his present position is equally challenging. In fact, he says, it is more productive in terms of quicker and effective redress of injustice. Excerpts: How do you deal with fake encounters, custodial deaths? We are a bit serious about these matters. We have directed all states to give details of deaths in encounters within 48 hours and police and judicial custodies within 24 hours. We subsequently ask for post-mortem and ballistics reports. The commission goes into all circumstantial evidence to find out whether a killing took place in genuine or fake encounter. In fake-encounter cases and custodial deaths, we recommend payment of compensation and in some cases also prosecution of the police or prison officials concerned. We have asked the state governments not to honour any policeman with bravery or other such awards until he is cleared of fake-encounter charges. Barring a few instances, the states have been complying with the NHRC's recommendations. Recently, the NHRC intervened over the excessive use of pesticides in Punjab. What is the latest on this? After taking suo motu notice that a large number of people in five southern districts of the Malwa region and a few other areas of Punjab were afflicted with cancer, we called for reports and found that excessive use of pesticides was the suspected culprit. We also learnt that the cancer patients were not getting treatment in the state for want of proper facilities in hospitals. As a result, they
were travelling all the way to Rajasthan by train, dubbed the 'cancer train'. We alerted the state on the issue, and the government promptly equipped the hospitals to handle cancer patients and minimised the use of pesticides, which has now come down by as much as 80 per cent, particularly in
Bt cotton which does not require much pesticide. We disposed of the case after effective action by the Punjab government. What is your experience in handling
atrocities on Dalits? We have been receiving several complaints related to atrocities on Dalits, from denial of housing facilities and possession of allotted property to social boycotts against them. The NHRC asked a retired Secretary, KB Saxena, to study all types of atrocities against them. In his report, he made 150 suggestions, including affirmative action for allotment of land, providing admission in schools and amendment to the SC/ST Atrocities (Prevention) Act. He also suggested that the NHRC conduct open hearings in cases relating to such atrocities in order to instil a sense of confidence in them. So far, the commission has visited Odisha, Gujarat, Tamil Nadu and Rajasthan and held open hearings. In several cases, the states provided immediate relief to the victims after receiving notice from
the commission.
Atrocities cannot be attributed to economic disparities alone. These have been there in society since ever. The situation cannot be changed overnight, as it requires gradual social transformation and better education. It has undergone drastic change in Kerala in the past 25 years, largely due to improvement in literacy levels. But there has not been much change in states like Bihar and Odisha owing to poor literacy. What is the controversy over the NHRC's jurisdiction in J & K? There is no controversy. The state government has challenged NHRC action in 37 cases and obtained stay from the High Court. One case relates to the death of a boy from Punjab following alleged torture by the J&K Police. We recommended that the police pay a compensation of Rs 5
lakh. The state government contended it was a state subject, and as such the NHRC had no jurisdiction. The commission contended the incident had nothing to do with law and order, and it was a case of human rights violation. Another case pertains to the prevention of a political group from hoisting the National Flag in the state. Our contention is that the National Flag and Anthem are a matter of national integrity, which is the Centre's responsibility, and as such the commission can intervene. Normally, the NHRC does not contest cases in court. But we have decided to contest all these cases. Are you also trying to ensure corporate social responsibility? We may not have a direct say in the matter, but we intend to issue some guidelines for them through the government machinery concerned following widespread complaints against the corporate sector, mainly people displaced by projects. We had asked for a research document on the issue, and this will be considered. We will consult NGOs and corporate bodies. The welfare of project-hit people and environment protection are issues which come in the realm of corporate responsibility. It is for the states to prevent the corporate sector from committing such violations. Aggrieved parties should have a forum to agitate and have access to justice. What is the NHRC's role in clinical drug trials? There is no effective law to regulate such trials. Our examination found that patients are subjected to the trials without disclosing to them the entire consequences. Further, the victims are not being adequately compensated. We are of the view that the amount paid initially is not sufficient as the side-effects of the drugs involved in the trial may show up after some years. Patients should be offered a compensation package, covering all the complications arising from such trials. The Supreme Court is seized of the matter and we plan to intervene in the proceedings to help find an effective remedy. We have also constituted an expert group to suggest some guidelines for clinical drug trials. What is the NHRC doing to check child labour? It is a huge problem as it is prevalent in many sectors and states. After the commencement of the constitutional amendment on the right to education, we cannot even think of child labour, as all children in the age group of 6-14 should go to school. NHRC members are focused on this major social problem. The commission is also paying special attention to work-related health problems such as silicosis and mental health. Where does India stand globally on human rights issues? In Europe and other developed countries, human rights violations are mainly restricted to police torture and racial discrimination. In India, the additional problems include caste-based discrimination, illiteracy, huge population and social disparities. As a result, the NHRC is perhaps the only commission in the world that has to grapple with a wide range of issues. Which are the states from where you get more complaints? The maximum number of complaints is received from Uttar Pradesh. This does not mean UP can be singled out as the worst offender, as various factors are involved. First, it is the most populous state. Second, the number of complaints is directly proportional to the level of awareness about the availability of redress mechanisms. Also, much worse violations are reported from Madhya Pradesh, Maharashtra, Rajasthan and some other states, though the total number of complaints received from there may be less. Do you think human rights violations could be handled better? We have been asking the states to set up courts to deal exclusively with human rights violations. Many have set up them too. But the problem is the absence of a law that defines and contains a list of the violations that may be taken up by human rights courts. States should come up with legislation and frame rules specifying that some issues like non-supply of water or denial of admission in school may be considered human rights violations, which can be taken cognizance of by the court. We have appointed a committee to come up with model legislation. Human rights courts should have the power to impose fines - to be paid to the victims - and simple imprisonment on the offenders for a short period.
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good news
Glued
to his television set, as 14-year-old Jagdeep Singh witnessed the destruction caused by the nuclear disaster in Fukushima, Japan, last year, he couldn't believe the dreadful incident was the result of a power supply failure due to a Tsunami that hit the nuclear power plant.
For the next one year, Jagdeep engrossed himself in reading about similar nuclear disasters around the world and finally ended up working on a disaster management model for a nuclear reactor. His idea won him the state-level award in Punjab under the "Innovation in Science Pursuit for Inspired Research (INSPIRE)" programme of the Ministry of Science and Technology, aimed at encouraging talent amongst students to study science and pursue careers in research. A simple boy from Amritsar, Jagdeep is a Class 8 student of Government Middle School, Mandiala, who prefers to explain his model in Punjabi. He was at the INSPIRE exhibition and award ceremony in the Capital last month. Describing his project, Jagdeep said, "Being the best source of electrical energy, a nuclear reactor requires utmost safety and protection. The slightest lapse in safety can lead to widespread devastation. Till now, 57 accidents have taken place since the Chernobyl disaster in 1986. Learning from these incidents, I worked on some ideas to prevent damage from earthquake vibrations, reducing pressure and heat inside a reactor, and even ways to reprocess germanium in the reactor." Overwhelmed with the accolades coming his way, Jagdeep said, "Such competitions are very encouraging. At the award ceremony, I got a chance to interact with nearly 1,200 students from all over the country, who had worked on fantastic models. The sheer simplicity in their complex ideas made me think how science is limitless, and how a single concept can be read in many ways. I cherish the exposure more than the winning. For me the experience isn't over, I have just started enjoying science; every idea now looks more fun and engaging." More than 18,000 INSPIRE awards at different levels have been sanctioned to date in Punjab, while close to 15,000 students in Haryana have received it. Speaking to The Tribune at the INSPIRE exhibition and award ceremony, T Ramasami, Secretary, Ministry of Science and Technology, said: "Scientists do not need any competitions. Bright minds know how to find their way. But the spirit of science, how to learn it, enjoy it and employ it, needs to be inculcated at the right time. Which is what we aim to do with INSPIRE. "When we were young, such platforms did not exist. Today, students have numerous opportunities to nurture their hobbies and interests and explore science like we never could. Most of these students may not choose a career in science, but they will still understand the subject better. Those who do go for science, will do it with greater vigour and confidence," he said. Only a handful of winners may have made it to the national level, but overall there were more than 3 lakh students across the country (age group 10-15) who had reached the district-level competitions. "In a way, we managed to get those many students excited about science, and encouraged them to think out of the ordinary to create something," Ramasami said. The Haryana winner, Deepankar Malhan, a Class XI student from Model School, Sector 4, Rohtak, was also there. He had a self-sustaining housing model demonstrating the "net zero energy" concept. "If not for these competitions, school life would be only about attending eight classes and
doing homework. Intra and inter-school contests spark healthy debate and brainstorming. Even if we do not win, just participating is fun," he said. Describing his model, Deepankar said: "The idea for my project came after I was asked to prepare a speech on energy conservation for the school's morning assembly. I started researching the subject and delved deeper. Even as we protest against the limit on subsidised LPG cylinders and increase in electricity and fuel prices, it is ironical we do not tap the solutions nature offers. There is an answer for every need. So I prepared a model for an alternative world where we might live in houses with solar cookers, rainwater harvesting, natural insulation and refrigeration options." Mrs Balhara, principal of Deepankar's school, said, "Such activities make the otherwise rigorous schedules of students interesting. They have to explore their areas of interest, so that by the time they leave school they have a fair idea of where they want to head." The winners, one can safely bet, are headed for science. |
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off the cuff
MS Swaminathan, farm expert
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