Nishikant Khajuria
JAMMU, Feb 28: The State Human Rights Commission, which is supposed to protect the human rights of people in Jammu Kashmir and address their grievances, is itself an aggrieved body and victim of Government’s apathy.
Financial constraints due to inadequate funds, acute shortage of staff and being headless without complete strength of its members are among the injustices being meted out to the Commission, which has been repeatedly bringing its complaints into the notice of State Government but there was no action.
The Commission has now placed its grievances on record in the annual report for the year 2012-13, which was tabled in the Legislative Assembly by the Minister for Law and Parliamentary Affairs Mir Saifullah, here today.
“Adequate funds under additional budget/ revised budget are not alloted thus hampering smooth functioning of the Commission, which 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,” says the Commission in its introductory remarks in the reports.
The Commission also laments that the Government has not taken any step for the last more than a year to fill up the vacancies created due to transfers and retirement of officers/officials. “The vacancies have adversely affected smooth functioning of the Commission, so it is desirable that all the vacant positions are filled up by deputing suitable officers” SHRC says further adding that due to absence of Service Recruitment Rules, the officials like Senior Assistants, Junior Assistants and Orderlies in the commission have no promotion chances.
“Junior Stenographers working and born on establishment of the Commission have been promoted after rendering 12 long years of service that too by creation and abolition of three posts of Junior Scale Stenographers,” the SHRC explains and also proposes that four posts of Private Secretaries for Members/Secretary of the Commission be created so that functioning of the body improves further.
And last but not least, the Commission has once again invited attention towards vacant positions of the members as well as the Chairperson. “The vacancies of the Chairperson and members has increased the work load and obviously affecting working of the Commission,” SHRC admits.
It also pointed out that number of complaints wherein the Commission has passed recommendations, have been agitated in the High court challenging the functioning of SHRC on the ground of defective Constitution due to absence of Chairperson.
Pertinent to mention that the SHRC is presently functioning with only two members namely S Amolak Singh and Rafiq Fida while the remaining three positions of members are vacant. Tenure of the existing two members is also going to complete in next few months. The Commission is headless with no Chairperson since October 24, 2011 while Rafia Fida is acting chairperson on temporary basis.
The Commission laments that no action has been taken on its time to time proposal for amendments to the J&K Protection of Human Rights Act and the rules framed there-under to give the SHRC due dignity, status and authority besides minimizing inconvenience to affected persons.
Meanwhile, the Commission has informed that during the year 2012-13, 486 complaints were received whereas 188 cases were disposed of. The complaints included different nature of cases, such as; rape, harassment, disappearance, custodial death, murders, death investigation, service matter, security cover inquiry, kidnapping etc.
Total 276 complaints were received in Kashmir division and 208 in Jammu division while no case of human rights violation came into notice during the period.
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