*Human rights of Commission staff being violated since long
Mohinder Verma
JAMMU, Apr 9: Jammu and Kashmir State Human Rights Commission, whose primary job is to protect human rights of the people, is not receiving cooperation from many departments particularly Revenue and Police in implementation of J&K Protection of Human Rights Act, 1997. The officers and officials of these departments are sitting over the recommendations of Commission on flimsy grounds thereby exhibiting misuse of power and encouraging corrupt practices.
This has been revealed by none else than the Commission in its latest report tabled in the State Legislature today in compliance to Section 12 of the J&K Protection of Human Rights Act. The annual reports of the Commission are prime and essential source of information of the human rights situation in the State as these give a detailed and meticulous account of cases covered by the Act.
During the year 2013-14, the Commission received 507 complaints whereas 305 were disposed off. From last about three years, the Commission is without Chairperson and presently the Commission has been for the most part working with depleted strength of just two Members and despite reduced strengthen, it worked round the clock to perform its duty.
The recommendations of the Commission are based on full enquiry after recording evidence and documentary material and on examination of documents with the assistance of the parties, who are provided full opportunity to put their point before the Commission. “However, it is painful that the recommendations so made by the Commission in some cases either are not followed or declined to be complied with on flimsy grounds and that too on the report of low rung officials of the Revenue and Police Departments”, the report said.
“There is no justification to sit on the recommendations and to conduct fresh enquiry and even complainants are dismayed to see the approach of the authorities and functionaries as they are provided justice after two to three years from the Commission”, the report said, adding “no such procedure is in vogue in any part of the country and even in National Human Rights Commission.
“This practice encourages corruption and misuse of power by the officers and officials of the concerned departments”, the Commission said while stressing that its recommendations should receive due attention and adequate weight-age by stopping the prevailing practice henceforth.
According to the report, in view of the real difficulties at the ground level and to minimize inconvenience, delay and enormous expenses, which the poor and indigent affectees/concerned members of public face and to promote the efficiency in the ranks, the Commission had proposed number of amendments to J&K Protection of Human Rights Act and Rules. Moreover, it had forwarded logistic, administrative, financial and structural requirements to the Government from time to time but till date no action has been taken.
Like in the previous reports, the Commission has once again reiterated that its demands should be taken note of in full-flow.
“Adequate funds under additional/revised budget are not allowed which hamper smooth functioning of the Commission”, the report said, adding “to overcome the financial constraints the Commission has been repeatedly requesting the Government to allot the funds in the shape of grants as provided under Section 21 of the Act instead of normal annual budgetary allotment”. The Commission hoped that this demand would be taken seriously by the Government.
Regretting that for the past many years the Government has not taken any step to fill up the vacancies by deputing suitable officers against the vacant posts, the Commission said that these vacancies have adversely affected its functioning. “The services of the officials born on the establishment of the Commission have no promotion chances in absence of Service Recruitment Rules”, the report said while disclosing that some officials working and born on the establishment of Commission have been promoted after rendering 12 long years service that too by creation of abolition of three posts.
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