Annual Report - National Human Rights Commission

Complaints Before the Commission
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(xvii)
Those in the above category of persons should not be sent to Homes that treat them as
sub-human, but rather be provided with humane, community-based alternatives where
full time care is required. Semi-independent, protected community houses would need
to be established where such people could be rehabilitated and gainfully employed in
some income generating activities with the objective of helping them lead as normal a
life within society. A number of government schemes already exist to provide communitybased
rehabilitation and should be implemented. However, appropriate medical care
must be provided with periodic visits by qualified psychiatrists. Such homes should be
run by grass root NGOs and overseen and financed by the Government.
(xviii) At the same time there should be a shift in focus from institutionalizing vulnerable people
(such as the old and mentally ill) if it is possible for the person to be taken care of at
home, institutional support of families should be provided in order to make the
rehabilitation more successful.
D] Reference Received from the Supreme Court and High
Courts and NHRC Initiatives in Approaching the Courts
4.185 Since its inception in the year 1993, the Commission has been maintaining
complimentary relationship with the Supreme Court and the High Courts in India. Recognizing
the credibility and effectiveness of the Commission, the Supreme Court and various High
Courts in India have been remitting matters relating to preservance and promotion of human
rights to the Commission for inquiry/investigation and for submitting reports as well as
recommendations.
4.186 One of the functions assigned to the Commission u/s 12 (b) of the Protection of Human
Rights Act is to intervene in any proceeding involving any allegation of violation of human
rights pending before a court with the approval of such court. In keeping with its role for better
protection of human rights, the Commission has been intervening, from time to time, in the
matters concerning human rights in the proceedings pending in the Supreme Court or the High
Courts in India with a view to put forth its point of view before the court and also to assist the
court for consideration.
4.187 A brief mention may be made of some of the important references received from the
Supreme Court/High Courts or interventions made by the Commission in some important areas
concerning human rights before the aforesaid courts during the year 2004-2005.
4.188 The Indian Council of Legal Aid and Advice and others had filed a Writ Petition (civil)
No. 42/97 before the Supreme Court of India inviting attention to starvation deaths in Orissa
despite the direction of the Apex court in an earlier case reported as 1989 Supp. (1) SCC 258.
On the basis of information furnished by the petitioner before the Supreme Court about an
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