‘No politician dares to approach me’

Recently, former Chief Justice of India, Justice Adarsh Sein Aand, took over as chairman of the National Human Rights Commission (NHRC). Con...

Recently, former Chief Justice of India, Justice Adarsh Sein Aand, took over as chairman of the National Human Rights Commission (NHRC). Considered an authority on the Constitution of J&K — he has not only written a thesis on the development of the Constitution of J&K but has also authored a book on the subject — Justice Anand spoke to HUMRA QURAISHI on the rising expectations from the NHRC (the number of complaints that the NHRC receives has steadily increased from 500 in 1993, when the body was set up, to 70,000 last year). Excerpts from the interview:

• It was reported that President A.P.J. Abdul Kalam took some time to clear your name for appointment as chairman of the NHRC.
The delay was not pertaining to me. It was a query about one member. She later withdrew her nomination. After she withdrew, my name and that of Justice Thomas were cleared.

• What would be your priority areas as chairman of this Commission?
We would be focusing attention on maternal care, trafficking of women, child labour and child abuse, custodial deaths and the mentally challenged. In fact, we have already begun monitoring the state of the mental asylums in the country and also the treatment meted out to the mentally challenged prisoners. I feel that they should not be lodged in prisons but in hospitals and should be given full treatment.

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• What about victims of communal riots — like the one we witnessed in Gujarat?
Our focal point is to uphold the two core values in the Constitution — dignity of the individual and the unity and integrity of the country. So protection of the human life and dignity is definitely our concern.

• Suppose there is a repeat of that carnage, what would be the Commission’s reaction?
We cannot pre-suppose… we will have to see then.

• What about political interference? Sometimes, political bigwigs are the violators of human rights.
During my entire career, nobody, no politician, has attempted to or even dared to attempt to approach me.

• But politicians are politicians.
True, but politicians being politicians, they first put their big toe in a tub of boiling water to test it…

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• In the last few days, after taking over as chairman of this Commission, have you taken any major decisions?
We took up the cases of that teenaged boy and that 81-year-old man in Jharkhand who were detained under POTA. We also took up the case of Hurriyat leader Syed Geelani. Besides demanding that he be released on health grounds, we are also looking into what would happen after his treatment.

• What in your opinion is the human rights situation in the J&K Valley and what should be done to reduce the violations?
There is a need for a healing touch and that alienation has to be reduced. Yes, it’s possible even at this stage. I’m an optimist.

• You belong to the state of J&K. Did you ever think the situation there would sink to this dismal level?
When I left the Valley on November 4, 1989 (to take over as Chief Justice of the Madras High Court), I could sense some simmering unrest. But then it all blew up, though I must say that Kashmiri Muslims are never known to be violent. They are peace-loving people and the communal harmony that I witnessed in the Valley is amazing. It was touching to see so many of my colleagues coming all the way from Srinagar when I was sworn as Chief Justice of India.

• Why do you think the violence errupted?
I think the main reason is unemployment. That has led to frustration among the youth. I really feel a healing touch is needed.

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• So you stand by Mufti’s policy?
Mufti does require to be given a fair chance.

• How would you define a terrorist?
Unfortunately, nobody has been able to give a definition of a terrorist. Here, I must say that there has to be a very clear distinction between a criminal and a terrorist. I would also emphasise that to implement POTA, the enforcers ought to be really sensitised.

• Human rights has become a fashionable term. Yet the state and condition of the human form has never been so dismal.
All that I can say is that whenever violations have come to our notice, we have taken a stand. This commission has credibility because of the stand it takes.

• Many a time, the average citizen is subjected to many injustices by our so-called system. How should he go about approaching the Commission for justice?
If any such case comes to our notice, the Commission will itself go to the victim. We will reach out to him, like we did the minute it came to our notice that the young boy and the old man had been detained under POTA in Jharkhand.

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• But what is the procedure for seeking justice from the NHRC?
The person who has been wronged can write to us. We will examine the case and ensure that the citizen’s human rights are protected.

• In the event of a US-led war on Iraq, would you consider it a violation of the Iraqis’ human rights?
I cannot comment on this subject.