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This is an archive article published on November 4, 1998

UP, with most rights abuses, says no to panel

NEW DELHI, Nov 3: Uttar Pradesh has reversed its decision to constitute a state Human Rights Commission. The State reported the maximum numb...

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NEW DELHI, Nov 3: Uttar Pradesh has reversed its decision to constitute a state Human Rights Commission. The State reported the maximum number of human rights violations last year.

A notification issued by the State Government recently said, “The desirability of constituting a State Human Rights Commission was considered extensively by the State Government and it has been decided that the constitution of Uttar Pradesh State Human Rights Commission is not necessary”.

The decision has evoked strong reactions from the Opposition, which alleged that the Kalyan Singh Government in UP was afraid to face the truth, since it was indulging in a sustained campaign to eliminate political opponents in the name of its anti-crime drive.

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While BJP leaders tried to defend the government’s decision, the Samajwadi Party has decided to launch an agitation against it. SP chief Mulayam Singh Yadav described the BJP as, “a party of criminals” and pointed out that a report by the Director General (Criminal InvestigationDepartment) had found that four Dalits had been killed by policemen in a fake encounter in Varanasi, “just to get medals”.

“How can the government afford a human rights commission when it is openly violating human rights?” asked Dr Ramesh Dixit, chief spokesperson of the UP Congress Committee.

He pointed out that more than half the UP ministers had a criminal history behind them. Documents recovered from recently-killed underworld don S P Shukla had proved that at least half-a-dozen members of the Kalyan Singh Cabinet were engaged in criminal activities.

Political observers feel the UP Government’s move might affect the outcome of the forthcoming Assembly elections in Madhya Pradesh, Rajasthan, Delhi and Mizoram — especially in the context of charges by the Opposition that some senior Bharatiya Janata Party leaders were aiding and abetting criminals and mafia dons.

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State BJP leaders are also unable to explain the reasons for the change in the Government’s stand. The State had earlier decided toset up such a Commission based on the suggestions made by the then chairperson of the National Human Rights Commission (NHRC) and views expressed by the Allahabad High Court and even issued a notification in this regard on April 4, 1996 under section 21 (1) of the Protection of Human Rights Act, 1993.

A sequel to this was expected in the form of a notification under Section 21 (2) of the Act appointing the chairperson and the members of the proposed Commission, but as the State was under President’s Rule at the time, the government could not issue such an order, the sources said.

Later, the NHRC directed the State Government on July 30 this year to appoint the chairperson and members of the proposed commission to make it effective.

However, instead of complying with the Commission’s directions, the Uttar Pradesh Government has decided to withdraw the earlier notification.

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The State Government order said that in exercise of powers conferred by section 21 of the General Clauses Act, 1897 read withSection 21 of the Protection of Human Rights Act, 1993, the Governor “is pleased to rescind with immediate effect the government notification number 2254, dated April 4, 1996”.

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