NHRC has limited jurisdiction with Army — Justice Verma

NEW DELHI, DEC 12: Even as Non Governmental Organisations (NGOs) and human rights activists are calling for concrete steps to curb human r...

int(3)

NEW DELHI, DEC 12: Even as Non Governmental Organisations (NGOs) and human rights activists are calling for concrete steps to curb human rights violations by the Army, National Human Rights Commission chairperson Justice J S Verma has said that the Commission can only play a limited role while enquiring into allegations against the Army.

Justice Verma said that "there is a limited procedure in Section 19 (of the Human Rights Act), so that direct enquiry is not provided. The section provides for reports being asked from the Ministry of Defence," he told newsmen.

"Ulitmately if we are not satisfied with the report and we say so. That will bring down the credibility and will have the desired effect," he said.

Story continues below this ad

When asked to comment on the general perception that the Commission lacks teeth, Justice Verma said "There is a misconception to this extent. But one must remember that Commission and court are two different institutions. Commission is not a court nor is it a duplication of the court. It is supposed to play a complementary role to that of the judiciary."

The chairperson said that Commissions normally do not have contempt provision. "I am not very much bothered about that contempt provision and I have never been," he said.

On the compliance part of its various orders and recommendations, Justice Verma said "We make recommendations and by and large they are all complied. If the recommendation is not complied it can be taken to the court for an order which would bending. But the need hardly ever arises," he added.

When asked whether the Commission has got any reply from the Central Government on the recent killing of Amarnath pilgrims (the NHRC had issued notices to Union Home Ministry and Defence Ministry on August 3), Justice Verma said, "We have asked for the report. For the time being we are waiting. As a matter of fact, when the court is also looking into the matter, then we stay our hands and we let the court do that".

Story continues below this ad

He said that there is nothing like conflict of interest as ultimately it is the discharge of public duty.

Pointing out the significant achievements of the Commission, since NHRC was constituted in 1993, Justice Verma said from a time when people were not sure what NHRC was expected to do and what it could do, people now look to the Commission for everything.

From 496 complaints, the Commission recieved, in the first six months after it was constituted, NHRC today receives an average of 257 complaints per day. Between April 1 and December 6, 2000, the Commission received 45,773 complaints.