24 years after the Protection of Human Rights Act was enforced, Nagaland is yet to establish a state level Human Rights Commission as required by the Act. The Supreme Court and the National Human Rights Commission have been reminding states which are yet to comply, that it is the statutory duty of the state governments to set up State Human Rights Commissions, as their absence makes access to justice by victims of human rights violations an illusion.
A team from the National Human Rights Commission headed by Justice D Murugesan, who was in Nagaland recently to conduct a camp-sitting and open hearing in Kohima, had also reminded the Nagaland government to expedite the setting up of its State Human Rights Commission as per the Protection of Human Rights Act 1993. Even the Governor of Nagaland, PB Acharya has overtly urged Nagaland government to set up the State Human Rights Commission at the earliest so as to ensure human rights of the citizens of the state. He observed that human rights are not just about civil liberties but also includes daily and basic needs like education, public healthcare, food, agriculture, employment and livelihood issues, and reminded that Human Rights are relevant to everyone and not just to those who face repression or mistreatment.
The National Human Rights Commission team also said to have expressed dismay that many people of the state are still ignorant of their basic human rights and it had underscored the need to conduct intensive awareness and training on human rights to the people of Nagaland. This is not surprising when a noted Kohima-based rights activist is claiming that Nagaland is an example of ‘A slaughter house of human rights’. The activist cites atrocities on women at home and at workplace, insurgency, problems of drugs and alcoholism, rape, child abuse, flesh trade, extortion, anti-Indian mentality, delay in justice and growth of non-humanitarian values as some examples that are plaguing the state.
The visiting National Human Rights Commission team also reminded the state government its recommendation to ensure that human rights education is incorporated in the school syllabus. An officer of the department is said to have replied that even though this was yet to be done, students were ‘quite aware of the subject’. To this, the venerated Justice Murugesan is said to have wondered aloud how that was so, when many of the state’s NGOs whom his team had interacted with were ignorant of human rights violations.
The State Cabinet had approved the setting up of Nagaland State Human Rights Commission on 20th November, 2015 and subsequently, the state government issued a notification for the same on 4th January, 2016. The Chief Secretary is said to have told the visiting team of National Human Rights Commission that the process of selecting a chairperson and members of the commission is going on.
But, that the state government is still in the process of selection of members to the Commission even after the lapse of more than a year since it notified the constitution of the panel, raises the question on the government’s sincerity towards the matter.
According to the state government’s notification, the State Human Rights Commission will be headed by a chairperson who has been a Chief Justice of a High Court, one member who has been a Judge of a High Court and another member who has knowledge of, or practical experience in matters relating to Human Rights. It also states that the Commission will have a secretary (in the rank of joint secretary) as the Chief Executive Officer. The chairperson and members of the State Human Rights Commission are to be appointed by a committee headed by none other than the Chief Minister, Speaker of the state Legislative Assembly, home minister and Leader of Opposition in the Legislative as members. For the investigative wing of the Commission, deployed by the Director General of Police, a team will be designated headed by a superintendent of police (SP), one inspector, three sub-inspectors, six constables, three drivers and three peons.
The duties of the Commission include submitting annual and special reports to the state government to be laid before the state Legislative Assembly along with memorandum of action taken or proposed to be taken and reasons for non-acceptance of the recommendations, if any.
It is a known fact that numerous violations of human rights are caused by government agencies such as military and police forces, government officials and politicians as well. Whether this is the reason behind the delay to set up the Commission or for any other reason; by not establishing the required Commission, the state government is failing its duty and obligation to see to it that the basic rights of its citizens are protected.
