Annual Report - National Human Rights Commission

An Overview
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Supreme Court of India for fresh investigation into her complaint by the CBI have already been
reported in the previous Annual Reports for the year 2002-2003 and 2003-2004. The Supreme
Court had also transferred the trial of the case from Ahmedabad to a Court in Mumbai in the
“interest of justice”. In the meantime, the Commission also received a request from Ms. Bilkis
Yakoob Rasul for assistance from the Commission during the trial of the case in Mumbai. The
Commission acceded to her request and also undertook to bear the expenses for engagement of
a competent lawyer on her behalf. The trial of the case is still continuing before the Trial Court
in Mumbai and, is at an advanced stage.
2.12 Growing concern in the country and abroad about issues relating to human rights and, the
rights embodied in the International Covenant on Civil and Political Rights and International
Covenant on Economic, Social and Cultural Rights, 1966 are substantially protected by the
Constitution. Nevertheless their changing social realities and emerging trends that require the
government to review the existing laws, procedures and the system of administration of justice,
with a view to bringing about greater accountability and transparency in them, and devising
efficient and effective methods of dealing with the situation.
2.13 As Child labour practice still continues in most parts of the country, the Commission has
been examining the draft legislation on child labour prepared by an institution under the Ministry
of Labour. The Commission also continues to monitor the implementation of the Bonded Labour
System (Abolition) Act, 1976 as directed by the Supreme Court. The Commission is also
sensitizing and educating District Magistrates, Police, NGOs and other field functionaries involved
in the implementation of this Act.
2.14 It is observed that inspite of the provision in the Persons with Disabilities Act, 1995, most
of the States have neither instituted the mechanism nor have they used the existing arrangement
to undertake systemic review of the service rules, building bylaws etc. The situation is
comparatively better in the states having Commissioners of persons with disability. Although
Disability is a state subject, but, not even a single state in the country has embarked upon a
disability policy or, plan of action despite the fact that Disability Act mandates the central and the
state coordination committee to develop a national/ state policy to address issues faced by the
persons with disabilities. The NHRC, Canadian Human Rights Commission and Indira Gandhi
National Open University had collectively undertaken the project on human right of persons
with disability. The aim of the project is to increase the capability and strengthen both the
Commission and their associated partners to cooperatively address major human rights issues in
relation to persons with disabilities.
2.15 The Commission has been deeply concerned about the violation of human rights of the
communities designated as Denotified Tribes and Nomadic Tribes. An advisory group was also
constituted by the Commission to examine the issue. Detailed recommendations were suggested
by the group, to improve the conditions of the communities. The Commission referred the
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