Karnataka High Court ordered State Government to provide better facilities to State Human Rights Commission

A Division Bench comprising acting Chief Justice Vikramajit Sen and Justice A.S. Bopanna directed the State Government to provide within six months the necessary infrastructure and staff to the Karnataka State Human Rights Commission (KSHRC). The Bench passed the order while disposing of a PIL by South India Cell for Human Rights Education and Monitoring (SICHREM) complaining about lack of staff and infrastructure even after many years of the establishment of the commission.

In its assurance to the court, the State said that it sanctioned 105 posts and would fill 23 of them as early as possible, and agreed to provide sufficient infrastructure.

The Bench also directed the State to consider the need for establishment of SHRC police wings in six ranges.

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http://www.deccanherald.com/content/206522/state-tells-hc-meet-shrcs.html

http://www.thehindu.com/todays-paper/tp-national/article2690620.ece

State tells HC it will meet SHRC’s needs

The State government on Monday promised to meet all the infrastructure requirements of the State Human Rights Commission (SHRC) and extend full co-operation to the Commission.

During the hearing of a PIL by the South India Cell for Human Rights Education and Monitoring (SICHREM), the government counsel Devdas submitted before the High Court the minutes of the meeting dated September 30, 2011, which was chaired by the Chief Secretary.

When SHRC Secretary Javidh Pasha proposed to create 491 posts in different cadres as required for the functioning of the Commission and to frame necessary cadre and recruitment rules as recommended at the meeting of the committee of SHRCs constituted by NHRC on March 22, 2011, the chief secretary directed the law secretary to take suitable action in this regard.

When the committee was informed about the defects in pay, allowance and other facilities for the chairman and members of KSHRC, the committee said the file was with the Finance department for its concurrence. On providing office space for the Commission, it was decided that the entire fifth floor in MS Building will be allotted for the Commission.

The Commission is presently run from a small 4,500-sq-feet space as against the demanded 20,000 sq ft area.

On the allocation of grants to the SHRC, the State has submitted that a sum of Rs 2.25 crore has been allocated in the budget, an additional sum of Rs 36.93 lakh and another sum of Rs 50 lakh has been granted.

The Finance department has been requested to allocate necessary additional grants. The Division Bench comprising Chief Justice Vikramajit Sen and Justice A S Bopanna adjourned the matter after the petitioners sought time to study the matter.

The petitioners in their plea had submitted that the Commission was badly neglected by the State government.

The petitioners also pointed out that the State had sanctioned only 105 staff members as against the demand placed by the Commission for 491 staff members. They added that the KSHRC plans to open wings in six police ranges of the State was in cold storage.

http://www.deccanherald.com/content/206522/state-tells-hc-meet-shrcs.html

Boy alleges police torture

BANGALORE, August 4, 2011

TEEN’S TRAUMA: Justice S.R. Nayak, Chairperson, Karnataka State Human Rights Commission, visiting Ashok at the K.C. General Hospital in Bangalore on Wednesday.

The Karnataka State Human Rights Commission (KSHRC) has ordered an inquiry into the alleged torture of a 17-year-old boy by the Inspector and Sub-Inspector of Mahalakshmi Layout Police Station.

According to a complaint filed by the victim’s father with the KSHRC on Tuesday, Ashok was brutally “beaten up by Police Inspector Anil Kumar and Sub-Inspector Patil in the early hours of July 26, when they picked him up for interrogation”.

Picked up

“The Mahalakshmi Layout police had picked up the boy to question him about two men, Kulli and Mani,” said Justice S.R. Nayak, KSHRC Chairperson. “When they didn’t get details of their whereabouts, the two took him to an isolated location and thrashed him on his knees and leg.”

‘Coercion’

“The boy was made to sign on a blank piece of paper, which the police used to file an FIR against Kulli and Mani,” said Prakash Kariappa of the South India Cell for Human Rights Education and Monitoring (SICHREM), who is closely following the case.

Multiple fractures

On Wednesday, a KSHRC team visited the hospital where Ashok is being treated for multiple leg fractures. The KSHRC, which is inquiring into the case, was in the process of obtaining the statements of the policemen allegedly involved in the case, said Justice Nayak. However, Mahalakshmi Layout police denied torture.

“Ashok has had cases against him in the police station for assault and theft, among other things. That night, he was attacked by Kulli and Mani, and we think gang rivalry was involved. We took him to the hospital where he and his family told the KSHRC the inspector beat him up,” said a source at the station.

Source: http://www.thehindu.com/news/cities/Bangalore/article2321348.ece

Raid reveals abuse of addicts at rehabilitation center

BANGALORE, August 2, 2011

Over 100 people were rescued during a raid on Monday from an alcohol and drug rehabilitation centre which operated from a poultry farm in Avalahalli village off National Highway 4, near Hoskote.

The raid was conducted by a team led by S.R. Nayak of the Karnataka State Human Rights Commission (KSHRC), on Sumana Social Service Centre. Over 100 people, including women and children, were housed in three sheds of the farm and several reported being beaten, stripped and humiliated.

Crammed together

“The living conditions were horrible,” said Prakash Kariappa, project coordinator of the human rights NGO, South India Cell for Human Rights Education and Monitoring (SICHREM). He said that only one “unhygienic” toilet served the inmates of the centre. “Around 60 people slept in a small 20′ x 40′ area. Even animals could not have been kept like this,” he said. Some inmates had been locked up in the centre for more than three years, he said, and there were no doctors or psychologists or even trained counsellors to treat them. Though the centre had valid licences to run a rehabilitation programme, the human rights activists pointed out that it was run like a commercial establishment. “They have taken money for their rehabilitation and were treating them like animals,” Mr. Kariappa said.

Rules broken

The centre virtually broke every norm of the Mental Health Act, said Mr. Kariappa, saying it housed mentally challenged patients, which is not permitted under the law. One of the tactics was to bring in addicts people from Chennai, where rehabilitation centres are banned.

The Kadugodi police are recording the statements of those rescued, and interrogating four people who ran the centre, including Lakshman Narayana, the owner.

Source: http://www.thehindu.com/news/cities/Bangalore/article2315617.ece

Daksh: (KSHRC) lacks the power to provide a concrete solution and has inadequate powers to ensure compliance with its recommendations.

A report by Daksh, a voluntary research group suggested that KSHRC needs to be given adequate powers to make its functioning more efficient. It also applauded the KSHRC saying, “The chairperson and members of the KSHRC have not shied away from confronting the Government, and their conduct has inspired reasonable confidence in the efficacy and independence of the commission.”

Mr Mathews Philip, Director of SICHREM was also asked to give his opinion on the same. Here is the report carried out by ‘The Hindu’.

You can also visit the news section in our website to read related stories.

Notice issued by SHRC in custodial case

SICHREM’s complaint about the custodial death of Mr Lokesh has prompted the SHRC to send notice to the DGP the IGP and the IGP in the Human Rights Commission for report within 6 weeks.

See below for further details:

SICHREM releases its research study on the Karnataka State Human Rights Commission (KSHRC)

As part of SICHREM’s monitoring remit, we have conducted a research study into the KSHRC. This study was released to the press today at the Bangalore Press Club.

We feel that monitoring and scrutinising of such institutions will help advance human rights in Karnataka. These institutions are essential in the fight against human rights violations and therefore it must be ensured that they are operating effectively.

While there has been an improvement in the situation of victims of human rights violations in the 3 years after the implementation of the KSHRC, we have some serious concerns about its performance.

Firstly, there is no role for civil society in the commission. Furthermore, the appointment procedure does not ensure the principles of pluralism and independence, as set by the Paris Principles, are met.

Secondly, there seems to be a growing backlog in the complaints received by the KSHRC. A lack of resources has severely affected the commission’s ability to investigate.

Thirdly, the value of human rights education has been widely acknowledged by human rights organisations. However, the KSHRC has done very little to promote human rights awareness and the safeguards available to people to protect their rights.

Finally, the study reviews the KSHRC’s relationship with other bodies, namely the NHRC, non-governmental organisations and its relationship with State Government.

It was concluded that much of the good work done by the KSHRC was a consequence of the integrity and independence of the Chairperson and its members. However, for the commission to function effectively it must receive sufficient support from State Government. SICHREM calls for Central Government to amend the Protection of Human Rights Act 1993 to strengthen the NHRC and KSHRC and provide safeguards to prevent interference by the administration.

To read the full press statement: Press Release – KSHRC report dt 24 June 2010[1]

Mathews Philip, Executive Director SICHREM, hands out the report to the media

Custodial death: SICHREM files complaint to SHRC

SIHREM have filed a complaint with the SHRC concerning an alleged custodial death in Bangalore. P. Lokesh of of A. Narayanapur near K.R. Puram died in police custody, after he was arrested by Hennur police.

There have been various accounts of the incident and we hope that after SICHREM’ s complaint the truth can be revealed.

SICHREM’s complaint to the SHRC has been noted in The Hindu:http://www.hindu.com/2010/06/23/stories/2010062364520400.htm

To read the complaint:comp of lokesh Custodial dth BLR June 21[1]

SHRC take action after SICHREM complaint

Following our complaint concerning the apparent starvation death in Hunsur, the SHRC has issued a notice to the Chief Secretary and DC of Mysore. A report into the incident must now be produced within a month.

To read the notice from the SHRC:

Reports of a starvation death in Hunsur, Mysore

Following reports in the Kannada daily “Praja Vani” SICHREM’s fact finding coordinator, Prasanna, investigated reports concerning the death, apparently caused by starvation, of Shri Chikkasiddiah.

R.Manohar Head of Programmes at SICHREM has taken part in the finalisation of a report which has been sent to The SHRC, The Backward Classes Commission and the Principal Secretary of Food and Civil Supplies. We also plan to send it to a range of other institutions and agencies. Moreover, Prassana is going to submit a print out to the Deputy Commissioner of Mysore and release it to the press.

Shri Chikkasiddiah belonged to a scheduled tribe. Investigations as to the actual cause of death are ongoing. However, one must wonder whether an apparent death by starvation has come about because of insufficient government food programmes. Again we must ask whether it was a coincidence that he was a member of a scheduled tribe?

Until the findings as to the cause of death we cannot be sure whether Shri Chikkasiddiah was another victim of government inertia in providing help for a minority group.

Read the report we have submitted: MYSORE STARV DEATH[1]