ODISHA HUMAN RIGHT COMMISSION FAILS TO ACKNOWLEDGE THE MASSIVE VIOLATION OF HUMAN RIGHTS IN ODISHA

ODISHA HUMAN RIGHT COMMISSION FAILS TO ACKNOWLEDGE THE MASSIVE VIOLATION OF HUMAN RIGHTS IN ODISHA 14/12/2011


ODISHA NEWS :-


In the face of increasing number of human rights violations and a shocking absence of redressal mechanism HRLN (HUMAN RIGHT LAW NETWORK) and a number of civil society organizations today organized an Independent People’s Tribunal (IPT) to look into the functioning of the State Human Rights Commission with regard to addressing human rights issues brought to their notice by a number of victims from across the state.


The state of Orissa has witnessed large number of human rights violations over the past few decades and as the protector and safeguards ‘The Orissa State Human Rights Commission’ completely failed to discharge its duty towards the people, was the common echo during the meet. In the neo-liberal economic era the rights have been grossly violated and the victims have not been protected.

Over 25 victims, many of them women, tribals and dalits, hailing from over many districts of Orissa narrated the horrific tales of torture the state police forces and negligence of other government officials followed by the Orissa Human Rights Commission. The cases were presented by victims of Kandhamal riots, Posco displacement, gender violence and other poor and marginalized of Orissa where the commission has not served justice in a single case despite grave violation. The victims deposed before a panel comprising eminent persons Just. (Retd.) Chaudhury P.K. Mishra, Just. (Retd.) Himadri Mahapatra, Ms. Namrata Chadha (Former Member Orissa Women Commission) and Dr. John Dayal (Member of National Integration Council).


The panel, after hearing testimonies, made the following as part of the interim observations-

1. Understandably most of the complaints to the commission are against the police both for the acts of omission and commission and it is here that the OSHRC fails to meet the expectation of the people and the spirit of the Act.


2. Due diligence by the district courts, the police and the administration hierarchy, as also the human rights the defenders to follow up the cases with the OSHRC and NHRC.


3. The Protection of Human Rights Act should be modified in order to make the Orissa Human Rights Commission an effective, autonomous, independent institution. The act should also allow for more power to the commission to prosecute alleged perpetrators and take punitive action. Members should be appointed regularly and the number of members in the commission should be increased. Higher funding is also necessary for the functioning for compensation and relief measures.


4. Due respect should be given to the Paris Principles.


5. The Orissa Human Rights Commission should have its own investigative wing composed by personnel independent from the security forces. It should have a special investigative team (SIT) for the investigation of cases pertaining to SC/ST and women.


6. Irrespective of the criminal proceedings the commission should look into the aspect of human rights violation of the victim.

7. The Orissa Human Rights Commission should be transparent in its functioning.

8. Human Rights Court should be established as per the Protection of Human Rights Act.


9. Appointment of commission members should include civil society and NGOs.


Consultation with the civil society at different levels of functioning is necessary. The appointment shouldn’t be influenced by the politicians.


10. Victims should reapply to the HRC if relief has not come in and take recourse to the High Courts and Supreme Court in case of HRC inaction.


11. SHRC can press police to enforce court orders and also to assign unbiased officials where police force itself is compromised or if members of the force are guilty of human rights violations. Victims must ask the HRC to do so.

12. OSHRC should be accessible to all the marginalized and the poor.

13. Enquiry should be speedy and reports should be in public domain.


14. The commission should hold human rights training camps and group hearings in sensitive areas thereby not being static in capital but be available to the people at the grassroots. This will serve an encouragement to the people and caution to the state forces thereby increasing the respect for the rule of law and people’s faith in the commission. As an organization that can only give direction its strength lies in peoples backing of it as a constitutional structure important to democracy.



The meeting started with the welcome and introduction by the coordinator of HRLN Bhubneshwar Mr. Santosh Kumar Das who explained the purpose of the IPT in the context of the prevailing human rights situation in Orissa. Harsh Dobhal, Director of HRLN in his introductory remarks explained the objective of such an exercise at a time when India was projecting its image abroad as the largest democracy committed to protection of human rights. He said such tribunals would be conducted in 18 states and at national level and a comprehensive report on the functioning of these commissions would either expose them to public scrutiny or creates pressure on these institutions and government to discharge their duties effectively, in order to strengthen Indian Democracy.


There is no transparency in the appointments and the commission has become bureaucratic enclave favoring the government while no civil society members are a part of it. Mr. Manoj Jena explained in details the gross violation of human rights by the security forces and constant victimization of the poor in the state. He further mentioned complete negligence of the commission in protecting the human rights of the poor. Mr. Praful Samantrai gave deep insights about the functioning of the commission and expressed the facts and reasons about the activists not approaching the commission for justice. The commission has failed in its objective and is acting like a postman and an extended hand of the state.


A case presented from Kandhamal depicted police inaction after the violence. When the victims went to the police station to lodge a complaint against the injustices the action by police only proceeded after a gap of 10 days. When the petition was made to the Governor an enquiry was ordered and report to be submitted to the commission within 8 weeks as per the order dated 5.5.2009. till then despite more than two and a half years the commission has not acted even once.


In another tragic testimony from Posco a Beatle cultivator had complained to the commission stating that his land has been acquired illegally as it falls in the proximity of the Posco project. Illegal land and forest acquisitions have been on rampant progress. When approached the commission, an enquiry was ordered and nothing proceeded thereafter. The commission has been silent in the issue for long.

The silence of the commission in grave instances of human rights had emerged to forefront during the tribunal. The commission is either knowingly silent or the pleas are falling on the deaf ears. Taking a stand with the accused in most of the cases and not having an independent enquiry the commission has clearly taken sides with the state. The reaction of the commission to the complaints from Posco and Vedanta clearly reflects the hidden propaganda of supporting the state and the corporate. Justice for the poor is constantly denied and hence they are further victimized by the commission because of its inaction.

Victims of different types of human rights violations and from all the regions of the state testified about ineffective justice delivery from the commission. Commission on many occasions has failed to protect the right of the victim and succumbed to the pressure of the state. In case of police torture and custodial death the commission has directed the same police to conduct the investigation. The IPT was organized by Human Rights Law Network in collaboration with several civil society organizations in the state.

SIDDHARTHA SHANKAR MISHRA,
BUREAU CHIEF, THESE DAYS,
ODISHA