SICHREM moved the High Court, seeking adequate facilities for KSHRC to function effectively. SICHREM is now planning to file a contempt petitionApril 25, 2014
Karnataka State Human Rights Commission
4th Floor, 5th Phase,
M.S.Building, Bangalore- 560001
Subject: Complaint of Judicial Death of Gurusiddappa (70), inmate of Gulbarga Jail.
The New Indian Express 20th May 2013, reports in its columns the information of the death of Gurusiddappa (70years), a resident of Desanagi village of Jewargi taluk, an under-trial he was ill and admitted to the Gulbarga District Government Hospital on May 14 and discharged on Saturday. After returning to jail, Gurusiddappa complained of ill-health and was taken back to the hospital. However, he died within half-an-hour, police said on Sunday.
He had been arrested by the Ashok Nagar police in 1992 in connection with a murder case and was released on bail two years later. He violated the conditions of bail and was absconding. The police arrested him three months ago.
We file this complaint with a hope that a detailed enquiry into the whole matter is initiated, and that your good offices look into the circumstances involving the death of Mr. Gurusiddappa and
1. To look into the exact causes of the death,
2. The functions and the maintenance of the prison,
3. Whether there were medial personnel and facilities available for the treatment at the jail?
4. Whether there was a failure on the part of the jail personnel, doctors in treatment?
5. How did he die after getting treatment for 5 days (admitted o 14th and death on Sunday)?
6.To inquire further if the procedures and guidelines laid down by the NHRC in its letter No.66/SG/NHRC/93 dated 14 December 1993 on reporting custodial deaths and also with reference to the letter vide No 40/3/95/LD dated 21 June 1995 has been adhered &d followed ?
7.To inquire, if the guidelines laid by the NHRC, as per the letter addressed by the Chairperson to the Chief ministers vide letter dated 10th August, 1995 on the video filming of post-mortem examinations in cases of custodial deaths has been followed?
8. To also inquire, if the guidelines laid down by the NHRC, as per the letter addressed by the Chairperson to the Chief Ministers vide letter No.NHRC/ID/PM/96/57 dated 27th March 1997.
Head – Programs
ToThe Secretary,(I/c), Karnataka State Human Rights Commission, 4th Floor, 5th Phase, Multi Storyed Building, Bangalore – 560001
Sub: Cancellation of Consultative Core Committee of NGOs
Ref: Your letter No: HRC/184/Adm/2010 dated 15th April 2013
We are in receipt of the above mentioned letter. Kindly note that SICHREM has neither applied nor lobbied for membership of the Consultative Committee of NGOs. However, we appreciated the setting up of this Committee because it is a mandate given to the Hon Commission by Section 12(i) of the Protection of Human Rights Act 1993. The Section provides for encouraging the efforts of non – governmental organizations and institutions working in the field of Human Rights. Consultative Committee of NGOs is one of the mechanisms that can promote participation by Civil Society. Since SICHREM was nominated into this Committee, we were happy to participate in the functioning of the same.
One of the reasons stated in the above mentioned letter for cancellation is that none of the members of the Committee has come forward to discuss the violations of Human Rights matters before the Hon Commission. This reason has no justification because though the Core Committee was constituted, the Hon Commission has never called a meeting of the Core Committee till date. It is to be noted that the NHRC also has a NGO Core Team and it is the NHRC who calls the meeting of this team periodically (The undersigned is a member of the National Core Team of NGOs of the NHRC). The other reason states that some of the members of the Committee are misusing the name of the KSHRC and taking undue advantage of the special status given to them. First of all it is not understood what special status is attached to the members of this Committee. If anybody is found to be misusing the name of KSHRC and taking undue advantage, nothing prevents the Hon Commission to remove that member from the Committee and take other appropriate action. Killing the Committee itself is not the answer.
It is unfair to make a general remark that some members have misused the name of KSHRC because it is putting all members under suspicion. The Hon Commission may kindly make it clear who has indulged in such inappropriate actions.
We would like to state that this action by the Hon Commission is discouraging and unfriendly to Human Rights NGOs who can actually support the Hon Commission in its effective performance. SICHREM urges the Hon Commission to revert this decision immediately and call a meeting of the Core Committee so that the Committee is given a platform to serve its purpose for which it was constituted.Mathews Philip Executive Director
The present NGO Core Committee consisting of 21 Civil Society Members was constituted on 29th June 2012. And the letter from Karnataka State Human Rights Commission (KSHRC) dated 15/04/2013 stated that the commission has withdrawn and cancelled the Consultative Core Committee of NGOs.
Further, SICHREM, who served to be the member of this Core Committee issued the following note to the press condemning the KSHRC’s action,
Further to the press release by SICHREM, the following are the articles in the newspapers,
SHRC scraps consultative panel
Less than a year after it was formed, the Karnataka State Human Rights Commission (KSHRC) has scrapped its Consultative Core Committee, comprising 21 civil society members or NGOs, as the panel believes the committee is not “serving its purpose”.
The committee was constituted in June last year to interact with KSHRC from time to time regarding violations of human rights and its enforcement in the state.
In a meeting held on February 26, the KSHRC took stock of working of the Consultative Core Committee and noted that it is not serving its purpose.
In an official communication to the members of the panel, the KSHRC stated that none of the members of the committee had come forward to discuss human rights violations. “Some members are misusing the name of KSHRC and taking undue advantage of the special status given to them,” it said
The South India Cell for Human Rights Education and Monitoring (SICHREM), one of the members of the Committee, reacted strongly to the decision, calling it a violation of Section 12(i) of the Protection of Human Rights Act, 1993, which provides for “encouraging the efforts of non-governmental organisations and institutions working in the field of human rights”.
In a written statement, Matthews Philip, executive director of SICHREM, said: “This reason has no justification because though the Core Committee was constituted, the KSHRC has never called a meeting of the Core Committee. It is to be noted that the National Human Rights Commission (NHRC) also has a NGO Core Team and it is the NHRC who calls the meeting of this team periodically.” SICHREM pointed out that the decision comes at a time when the panel does not have a chairperson.
“If anybody is found to be misusing the name of KSHRC and taking undue advantage, nothing prevents the panel to remove that member from the committee and take other appropriate action. Killing the committee itself is not the answer. This (KSHRC) action is discouraging and unfriendly to human rights NGOs who can actually support the commission in its effective performance,” Philip said.
Source: Indian Express; Dated: April 20, 2013
Human rights core panel disbanded
Karnataka State Human Rights Commission has decided to wind up the Consultative Core Committee formed in June 2012 to serve as recomendatory body in any case of human rights violations or its enforcement in the State.
The committee consisted of 21 core members from various non governmental organisations and civil society groups and was supposed to meet the commission from time to time to discuss matters of human rights.
The reason for cancellation was the failure of its core members to meet or discuss any issues with the commission. Another reason being misuse of the position as members of the group by some of its members.
“If the commission has found and such cases of misuse by any member, they should ideally point out the person and his fault and take action against him/her. Why disband the group for it?”, said Mathews Philip, Executive Director, South India Cell for Human Rights Education & Monitoring (SICHREM). It was the resonsibility of the commission to call such a meeting, “Only then will all members meet. The commission has however not given such a directive yet,” he said.
Source: Deccan Herald; Dated: April 22, 2013