AHRC getting raw deal from State Govt

GUWAHATI, March 20: Perhaps protection of human rights is not at all an issue that gets a priority in the scheme of things of the state government. Or else, there is no plausible answer to the question as to why the post of the Chairperson in the Assam Human Rights Commission (AHRC) has remained vacant for about one year now, or why the AHRC has been functioning with two posts of member lying vacant since February, 1997. The flaw in the Government's attitude can be best understood if one compares the state of affairs concerning the AHRC here with those of the State HRCs in other parts of the country, and also takes into consideration the world-wide concern over the human rights-related issues. The AHRC was constituted by the state government on March 19, 1996 as per the provisions of the 1993 Protection of Human Rights Act, with Justice SN Bhargava, a retired Chief Justice of Sikkim High Court, as the Chairperson, and Justice Tarun Chandra Das, a retired Judge of the Gauhati High Court, Sheikh Chand Mohammad, a former Speaker of the Assam Assembly and a senior Advocate of the Gauhati High court, Paramananda Kalita, a former District Judge of the State and Late Rabindra Nath Barua, ex-Editor of The Assam Tribune, as members. But as Late Barua crossed the age limit of 70 years during the constitution of the AHRC, he did not join the Commission. In February, 1997 Justice T C Das also ceased to be a member of the AHRC on his attaining 70 years of age. Justice Bhargava also resigned from the post of Chairperson in July, 2000. Since July, 2000, the AHRC has been functioning without a Chairperson and with only two members - Sheikh Chand Mohammad and Paramananda Kalita. But, on February 28 last, Sheikh Chand Mohammad also ceased to be a member of the AHRC on his attaining 70 years. Paramananda Kalita will also cease to be an AHRC member on May 1 next because of his completing five years in the Commission as a member. The state government issued a notification on March 15, appointing former Chief Justice of the Gauhati High Court Rajkumar Manisana Singha member of the AHRC. The notification also stated that till filling up of the post of the AHRC Chairperson, Justice Singh, as member, will look after the works of the AHRC Chairperson. Justice Singh is expected to arrive in the city from Imphal by tomorrow afternoon to assume charges. But, being a former Chief Justice of a High Court, Justice Singh in fact deserves himself to be appointed as the Chairperson of the AHRC, as the legal provisions are such that a former Chief Justice of a High Court should be made the Chairperson of a State HRC. On the other hand, two members of a State HRC should be selected, as per the legal provisions, from amongst the sitting or retired Judges of the High Court (one), sitting or retired District Judge of the State (one) and two members from amongst those who have knowledge of human rights or who are involved with activities concerning human rights. It is worth mentioning here that the State HRCs are constituted as per the recommendations made by recommending bodies which comprise the Chief Minister, the Home Minister, the Speaker of the State Assembly and the Leader of the Opposition in the State Assembly. The Governors only act on the recommendations made by these bodies. As per the rules framed by the Assam Government under the provisions of the Act, the Chairperson of the AHRC is entitled to the salary and other benefits available to a Chief Justice of a High Court, while under Section 26 of the Human Rights Act, the members of a State HRC are also entitled to the salary applicable in the case of the High Court Judges. A Chief Justice of a High Court at present draws about Rs 34,000 per month, besides two Leave Travel Allowances (LTC) in a year, medical reimbursement, house furnishing amounts (around Rs 2 lakh), 200 litres of fuel for the car every month and three peons at his/her residence. Similarly, a High Court Judge is entitled to about Rs 30,000 per month as salary, besides two LTCs in a year, reimbursement of medical expenditures, a car with 100 litres of fuel per month and house rent up to Rs 4,000 per month. But in Assam, each of the AHRC members are given Rs 500 per sitting, as an allowance and only one vehicle is made available for them to be used as a common vehicle with the provision of five litres of fuel per day. Meanwhile, the AHRC has registered 3,457 cases in the past five years and only 700 cases are pending with it, said an AHRC press release issued in connection with the celebration of the fifth anniversary of the Commission. The Commission celebrated its fifth anniversary yesterday at its office premises at Bhangagarh here. On the occasion, a book on International Bill of Human Rights, co-authored by Paramananda Kalita, Sheikh Chand Mohammad and Subhram Rajkhowa, was also released.