I welcome Statement of NHRCs' chairperson for protections of Human Rights Defenders (HRDs) , improved complaint mechanism and follows highlights of points in recent meeting of HRDs:
- Advise police not to summon those HRDs who file complaints of human rights violations of others;
- Set a time frame for the disposal of the complaints of human rights violations of HRDs, especially those related to threat to their life;
- Complaints of false implication should not be ordinarily disposed of by the Commission treating them as sub-judice;
- NHRC should intervene for expeditious trial of court cases which involve HRDs;
- Post NHRC investigations in a matter, the time taken in processing to dispose the case needs to be expedited;
- Conduct research study to know the causes behind the continued violation of human rights of a particular category;
- Develop a working definition of human role of the human rights defenders rights, which is easy to understand for all;
- Initiate measures to stop motivated targeting of selected human rights defenders and their organizations through income tax notices;
- Look into the notification for setting of foreigners’s tribunals and faulty mechanism of appeals against their orders;
- Take a position on the issue of National Register of Citizens and detention centres.
On Thursday, 13th June, the NHRC convened a meeting of its Core Group of NGOs and Human Rights Defenders which was attended by HRDs working across a spectrum of issues.
At the outset, the NHRC acknowledged its own status as a HRD and the value of the work of HRDs in furthering India’s democracy and development agenda. It also affirmed its commitment to protecting HRDs in keeping with India’s international obligations under the UN Declaration on Human Rights Defenders and the action plan developed at the World Summit of HRDs in 2018.
It is noted that before NHRC meeting, I issued a open letter with details facts and evidences titled “Threat to my life is judged at office desk in NHRC, I am left to live at Perpetrators’ mercy: Lenin Raghuvanshi” on 9 June, 2019 and simultaneously I wrote to President of Indian, Home Minister of India and Chairperson of NHRC. I highlighted summary of non action and manipulation by NHRC as follows:
1. NHRC website[i] talked about intervention in false implication. But in case of false implication of a human rights defender, NHRC did eye wash tactics. NHRC waited to bring cases before courts. NHRC provided a lot of time to CB/CID and police for that reason. I submitted details point-wise protest report of CB/CID and asked for CBI investigation, but smartly NHRC did not talk about my comments on CB/CID report.
2. NHRC gave interim direction for security of Human Rights Defenders and victim on 26.09.2013 and also highlighted gave security threat too. But NHRC did not make any effort for compliance of its own direction. It is a sign of dangerous trend for protection of Human Rights defenders.
3. I wrote a letter to Chairperson of NHRC on 26 July, 2013[ii]about action against responsible police official under 166 A, IPC. I also demanded to file FIR on threat to me on 20thDecemebr, 2012 and 16 January, 2013, but no mention about this demands and facts in NHRC direction. I also asked for CBI investigation too. But NHRC procedures in my case played smart mysterious silence game in favour of perpetrators.
4. If you observed all proceedings then you find that NHRC provided long time to police department which is a way to justice delay is justice denied.
5. I found an important fact that Ms Jyotika Kalra ji assumed office as Member of the National Human Rights Commission on the 5th April, 2017[iii] and my case from Chairperson of NHRC to transferred to Smt. Jyotika Kalra and she provided direction on 15 December 2017 after proceeding on 19.04.2016. She puts my case on 20 February, 2018. Then she resigned from NHRC on 2 January, 2018 (according media report) and then she rejoined on 7 March, 2018. According Scorll[iv], among other factors that had compelled her to resign, Kalra mentioned the body’s alleged inefficiency in spreading awareness about human rights, its tendency to close cases quickly. I shocked to know that she closed my case on 5 November,2018. And she did not mention previous directions of NHRC and it shows her tendency to close cases quickly and superficially.
I write, “Every time, the Honorable High Courts of UP and Delhi have provided me with immediate and effective remedies, in comparison to the Human Rights Defenders desk of the NHRC. I appealed to the NHRC for a Central Bureau of Investigation (CBI) enquiry into the systematic attack on me and Shruti Nagvanshi, due to People's Vigilance Committee on Human Rights' (PVCHR's) support to a woman survivor and her family. But, there is no step towards any independent investigation by the NHRC, or real time support by Human Rights defenders desk too. There is only one trend that justice delay is justice denied. (Case No. 42218/24/72/2012)”
In this case, we criticized the national and international players through our writing on blog and emailing. Now, a few international players are involved, to oppose us to establish the era of 'corporate fascism' in context of 'sectarian fascism' of Hindutva[v].
Simultaneously, Shruti Nagvanshi and Shirin Shabana Khan intervened in the case of rape of a Danish woman, at Paharganj police station in New Delhi. Both of them are first complaints to the NHRC, but the NHRC did not send a report to them for comment, and marked the case as a closed case'.
Edmund Burke rightly says, "All tyranny needs to gain a foothold is for people of good conscience to remain silent." So, we are continuously pursuing the case for justice. We received the consequence of false implication by the police of Paharganj Police Station in New Delhi. I, and associates of PVCHR, filed many petitions, but the NHRC responded as mere eye-wash tactics. We received surprised responses from the Home Ministry of India and office of Honourable President of India, but there is a mysterious silence of the NHRC. Why?
India should develop a national law for the protection of human rights defenders, and strengthen the capacity and mandate of the NHRC's focal point on defenders.
The NHRC needs to establish and resource a full-time dedicated focal point, to intervene in cases where human rights defenders are at risk, and to investigate and promote accountability where threats and attacks occur.
This matter concerns not only the life and the reputation of a human rights defender, but also the very legitimacy of human rights work in general.
I say, “After my protest on technical fault of visit of UN Special Rapporteur on situation of Human Rights defenders,many key players and elites of civil societies initiated conspiracy, mysterious silence on my cases and inside campaign on my dignity. I observed many manipulating discussion in important meetings at Kathmandu and Bangkok. I criticize horrific joint game plan of few peoples at NHRC, police and Civil Societies in false implication of me and I ask for CBI investigation in matter.”
#HRD #NHRC #PVCHR #U4HumanRights
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