...APPENDIX
A: NATIONAL HUMAN RIGHTS COMMISSION RECOMMENDATIONS
National Commission on Human Rights Recommendations
on Gujarat Report
http://www.nhrc.nic.in/whatsnew.htm#gr
(accessed April 8, 2002).
...
21. The Commission now wishes to make
a first set of Recommendations for the immediate consideration of the Central
and State Governments. As indicated earlier, once a response has been received
from these Governments on the report of the visit of the Commission's team
to Gujarat, and a full analysis made of the numerous representations received
by the Commission, additional Proceedings will be recorded by the Commission
on the situation in Gujarat, offering further Comments and Recommendations.
I. Law and Order
(i) In view of the widespread allegations
that FIRs [police reports] have been poorly or wrongly recorded and that
investigations are being `influenced' by extraneous considerations or players,
the Commission is of the view that the integrity of the process has to
be restored. It therefore recommends the entrusting of certain critical
cases to the CBI [Central Bureau of Investigation]. These include the cases
relating to the
· Godhra incident, which is at
present being investigated by the GRP;
· Chamanpura (Gulbarga Society)
incident;
· Naroda Patiya incident;
· Best Bakery case in Vadodara;
and the
· Sadarpura case in Mehsana district.
(ii) The Commission recommends that Special
Courts should try these cases on a day-to-day basis, the Judges being handpicked
by the Chief Justice of the High Court of Gujarat. Special Prosecutors
should be appointed as needed. Procedures should be adopted for the conduct
of the proceedings in such a manner that the traumatized condition of many
of the victims, particularly women and children, is not aggravated and
they are protected from further trauma or threat. A particular effort should
be made to depute sensitive officers, particularly officers who are women,
to assist in the handling of such cases.
(iii) Special Cells should be constituted
under the concerned District Magistrates to follow the progress of the
investigation of cases not entrusted to the CBI; these should be monitored
by the Additional Director-General (Crime).
(iv) Specific time-frames should be fixed
for the thorough and expeditious completion of investigations.
(v) Police desks should be set-up in the
relief camps to receive complaints, record FIRs and forward them to Police
Stations having jurisdiction.
(vi) Material collected by NGOs such as
Citizen's Initiative, PUCL [People's Union for Civil Liberties] and others
should also be used.
(vii) Provocative statements made by persons
to the electronic or print media should be examined and acted upon, and
the burden of proof shifted to such persons to explain or contradict their
statements.
(viii) Given the wide variation in the
performance of public servants in the discharge of their statutory responsibilities,
action should be initiated to identify and proceed against those who have
failed to act appropriately to control the violence in its incipient stages,
or to prevent its escalation thereafter. By the same token, officers who
have performed their duties well, should be commended.
II. Camps
(i) Visits to camps by senior political
leaders and officers should be organized in a systematic way in order to
restore confidence among those who have been victimized. NGOs should be
involved in the process and the management and running of the camps should
be marked by transparency and accountability
(ii) Senior officers of the rank of Secretary
and above should be given specific responsibility in respect of groups
of camps.
(iii) Special facilities/camps should be
set-up for the processing of insurance and compensation claims. The Chief
Minister of the State had requested the Commission to issue an appropriate
request to insurance companies for the expeditious settlement of claims
of those who had suffered in the riots. The Commission will readily do
so and recommends that the State Government send to it the necessary details
at an early date in order to facilitate such supportive action.
(iv) Inmates should not be asked to leave
the camps until appropriate relief and rehabilitation measures are in place
for them and they feel assured, on security grounds, that they can indeed
leave the camps.
III. Rehabilitation
(i) The Commission recommends that places
of worship that have been destroyed be repaired expeditiously. Assistance
should be provided, as appropriate, inter alia by the State.
(ii) Adequate compensation should be provided
to those who have suffered. This will require an augmentation of the funds
allocated thus far, through cooperative arrangements involving both the
State and Central Governments. Efforts should be made to involve HUDCO,
HFDC and international financial and other agencies and programmes in this
process.
(iii) The private sector, including the
pharmaceutical industry, should also be requested to participate in the
relief and rehabilitation process and proper coordinating arrangements
established.
(iv) The role of NGOs should be encouraged
and be an intrinsic part of the overall effort to restore normalcy, as
was the case in the coordinated effort after the earthquake. The Gujarat
Disaster Management Authority, which was also deeply engaged in the post-earthquake
measures, should be requested to assist in the present circumstances as
well.
(v) Special efforts will need to be made
to identify and assist destitute women and orphans, and those subjected
to rape. The Women and Child Development Department, Government of India
and concerned international agencies/programmes should be requested to
help. Particular care will need to be taken to mobilize psychiatric and
counselling services to help the traumatized victims. Special efforts will
need to be made to identify and depute competent personnel for this purpose.
(vi) The media should be requested to cooperate
fully in this endeavour, including radio, which is often under-utilized
in such circumstances.
IV. Police Reform
(i) The Commission would like to draw attention
to the deeper question of Police Reform, on which recommendations of the
National Police Commission and of the National Human Rights Commission
have been pending despite repeated efforts to have them acted upon. The
Commission is of the view that recent events in Gujarat and, indeed, in
other States of the country, underline the need to proceed without delay
to implement the reforms that have already been recommended in order to
preserve the integrity of the investigating process and to insulate it
from extraneous influences.
(Justice J.S. Verma)
Chairperson
(Justice Sujata V. Manohar)
Member
(Virendra Dayal)
Member
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