The mechanism for protecting human rights is transparent in India. The Human Rights Commission is constantly engaging and working with the centre and state governments, said a senior official of National Human Rights Commission, India.
“India is a vibrant and very transparent country where the human rights laws have been protected and promoted very aggressively. In case of any violations by the armed forces and para military forces or even the state police, we are taking cognizance of it. Within 24 or 48 hours, the state governments have to report to the commission,” Surajit Day (pictured), Registrar (Law), National Human Rights Commission of India told The Peninsula.
He was in Doha to attend the international conference on ‘National, regional and international mechanisms to combat impunity and ensure accountability under international law’ concluded yesterday at Ritz Calrton Hotel.
After taking cognizance, the commission has it own independent team for investigation and inquiry to examine the witnesses of the crime, victims or the members of the family of victims.
“After looking into the forensic evidence and other medical reports, if commission finds that there is a possibility of torture, reprisal or kind of crime that goes against the human dignity and equality, and life and liberty, in that situations the commission recommends compensation, and prosecution of perpetrator,” Day added. He said that the commission take cognizance of complaints and recommends compensation which is normally accepted by the states.
“India has a very robust system of judiciary which is absolutely independent and our constitution guarantees fundamental aspects of human life and liberty,” he said.
“India has arguably the most powerful judiciary in the world, because even if the legislatures have legislated a certain law which fundamentally infringes the basic structure of the constitution, which is based on the fundamental rights of individuals or the citizens, then in that case judiciary has the power to strike it down,” he added.
Human rights commission is not the first respondent, if any violation has been made to any individual’s right than he has to approach authority like police or a civil authority.
In case public servants fail to perform their duty, then the commission steps in and once the commission steps in they ask report from various organisations. “Once the report is submitted, the commission has an independent body which will examine every aspect in consultant with the complainant. The commission independently examine the reports and response of the complainants and thereafter the commission makes the recommendations,” he added.
“So violation of human rights can not be allowed to be continue with impunity. The mechanism to implement the law is very fundamental to our protecting and promoting human rights in India,” he said.
