Justice S R Nayak, chairman of the newly constituted Karnataka State Human Rights Commission speaks on his views and plans to lead the cause of human rights in the state in an interview to Rashmi R Hebbur of Deccan Herald. Excerpts:
What would be the State Human Rights Commission’s scope of activity?
Checking violation of human rights (HR) is the core function of the State Human Rights Commission, which has been established under the Protection of Human Rights Act, 1993.
The Act says all rights relating to life, liberty, equality and dignity of an individual that are guaranteed by our Constitution, international covenants and are enforceable in courts of law are human rights. In essence, we can say — all rights that are essential to make a man human are human rights. They include civil and political rights, social, economic and cultural rights.
Every person living in a civilised society is vested with these rights. But, as we see, they have more significance in theory than in practice. It is the duty of the state to take care of its people and their rights, when they subject themselves to its governance.
But, many of the basic human rights are being denied to a large section of the people by state authorities themselves. Governments fail to ensure the basic right of having potable water, basic education, healthy environment, and life with self-respect. The commission will have to look into all such matters and play an important role in creating a better society.
Apart from investigating complaints on human rights violations, the commission needs to create awareness about human rights among the masses and also sensitise the authorities. It can also review the factors that lead to violation of human rights, including the acts of terrorism and Naxalism, and recommend appropriate steps to the government.
What will be the major areas of your concern?
My first concern is protection of civil liberties. We have to check torture and exploitation rampantly taking place at police stations and remand homes. Most of the complaints received till now also point at police torture and harassment.
Equally important is checking violation of labour laws because they are crucial in promoting economic rights. Even the state machinery engages people on daily wage or contract basis for years, despite need for permanent employees. We see child labourers every day as we enter the streets.
What kind of human rights violations do you see in Karnataka?
Human rights are violated in every police station every day. Violating a citizen’s dignity is a human rights violation. We know how the police respond to a common man, who approaches them. Their perspective should change — no matter what office a person holds, he should show respect the person who comes to him. Human dignity is very important.
And at some places, economic disparity has created breeding grounds for Naxalism. Unscrupulous criminals are exploiting poverty and illiteracy of the masses. This needs serious attention.
What is the response to the commission as of now?
We are waiting for necessary infrastructure and personnel to become functional. The government is, right now, identifying a suitable temporary accommodation for the commission.
However, I have already received 20 complaints to my home office. I am also taking suo motu cognisance of some instances of human rights violations on the basis of media reports.
How do you view the government’s responsibility in protecting human rights?
Recently, it was reported that a man in Raichur found worms in a medicine bottle he purchased. This might be because of negligence of the drug company or the dealer. But, this is a human rights violation, for which the government is responsible since its drug control officers should ensure that only proper medicines enter the market for consumption. There is a lapse on the part of the government machinery.
The government has similar responsibility in case of child labour and bonded labour practices. Though many human rights violations are cases where private persons exploit other persons, the government also becomes answerable since it has an onus of implementing laws against such exploitations.
Do you think the commission has enough powers to act efficiently?
Some people say that human rights commissions are toothless advisory bodies with implementation of their recommendations left at the will of governments. But, I don’t think so. No doubt, we need more powers. But, even the powers available right now are sufficient to function effectively.
If we investigate a complaint and submit a report, the government is morally bound to act on it. However, if it fails to do so, the commission has the power to move the high court or the Supreme Court seeking a direction for its implementation. And once the court directs, it becomes legally binding on the government to act.
A recent Amendment to the Human Rights Act has also provided a right to conduct sudden raids. Earlier, a raid could be held only after issuing a notice to the state government, which was defeating the very object.
Any specific plans?
There is a need for decentralising the functions of the commission to make its services accessible to people in all corners of the state. It is not enough if it is centred in Bangalore alone. So, I strongly feel that units should be established at least at district levels. However, this is at a later stage, and its depends on the government’s ability to accommodate them.
