Needed: Parliamentary scrutiny of NIIPs
Across the world National Human Rights Institutions (NHRIs) or sectoral Commissions such as on Tribal/Indigenous Peoples, Dalits, Women, Children etc have been established; but these often lack autonomy, adequate resources and powers provided in the Paris Principles on National Human Rights Institutions. It has also been welldocumented that many of the NHRIs themselves misuse or underuse their powers to deny justice to the victims. Therefore, scrutiny of the NHRIs is needed for improving their functioning.
In a significant step in the right direction, India’s Parliamentary Standing Committee on the Welfare of Scheduled Castes and Scheduled Tribes evaluated the mandate, powers and working of the National Commission for Scheduled Tribes (NCST). The Committee took evidence of the representatives of the Ministry of Tribal Affairs on 18 June 2007 and submitted its report to the Parliament on 23 October 2008.
The Standing Committee on the Welfare of Scheduled Castes and Scheduled Tribes in its report “National Commission for the Scheduled Tribes – It’s mandate and achievements – A review of its organisation and working” of October 2008 recommended, among others, to ensure the total independence of the NCST including by ensuring its “full administrative and financial powers”; create a separate Budget Head for NCST on the lines of other constitutional bodies such as Election Commission, Union Public Service Commission; increase the strength of the staff of NCST; take measures to fill up vacancies to the posts of Chairperson and other Members well in advance; set up more Regional Offices; creation of a separate cadre for NCST
and its all Regional Offices; amend clause (6) and (7) of Article 338A of the Constitution so that the Annual Reports of NCST are tabled in the Parliament by the Ministry of Tribal Affairs “within a prescribed time limit”; make the recommendations of NCST “mandatory” and give “greater judicial powers on the lines of the powers of a civil court”; there should not be any laxity in investigation relating to safeguards provided to tribals; increase the “level of awareness among members of Scheduled Tribes”; ensure proper use of funds provided to NGOs/ Voluntary Organisations etc.
AITPN also carried out a comprehensive and detailed study on the NCST and forwarded a number of recommendations for improving the independence, powers and working procedures of the NCST, as part of AITPN’s wider action to increase the effectiveness of the National Institutions for the Rights of the Indigenous Peoples (NIIPs) across Asia. In its study on NCST titled “The National Commission for Scheduled Tribes: A Forum for political rehabilitation? of August 2008, AITPN recommended amendment to Article 338A of the Constitution of India to bring transparency in the appointment of the Chairperson, Vice-Chairperson and members of the NCST including by involvement of the Leader of the Opposition in both houses of parliament and tribal civil society organisations; financial autonomy of the NCST; ensure that Chairperson, Vice-Chairperson and members are appointed on time; amend the Rules of Procedure of 2004 to remove prior permission from the authorities prior to undertaking of any visit including for investigation purposes; establish more regional offices and provide adequate staffing; take measures for full utilisation of its funds allocated including undertaking awareness raising programmes and training the staff on human rights issues, and undertake massive awareness raising programmes to inform the public about the mandate, powers and functions of the NCST, among others.
Importantly, many of the AITPN’s recommendations on NCST concur with those of the Standing Committee.
The newly elected United Progressive Alliance government in India headed by Prime Minister Manmohan Singh must give top priority to the effectiveness of the National Human Rights Institutions in India if it is at all committed to combat human rights violations in the country. The government of India must come out with the Action Taken Report on the report of the Standing Committee.
If the recommendations of the Parliamentary Standing Committee are implemented, it will go a long way to strengthen the NCST. It will set the standards for the remaining National Human Rights Institutions including the National Human Rights Commission of India.
Yet, the challenge will continue to remain as to how to insulate the membership of the NCST from political appointment? As AITPN noted in its report that “Because of these loopholes, the NCST has been used for political rehabilitation of the ruling party workers” and the members of the present Commission including Chairperson Mrs Urmila Singh, Mr Maurice Kujur (Vice Chairperson), Mr Tsering Samphel (Member) and Mr Oris Syiem Myriaw (Member) were workers of the ruling Congress party prior to their appointment.