T E N Y E A R S O F T H E C O M M I S S I O N I N R E T RO S P E C T
●
Further, the views of the Commission in respect of discrimination based
on "race", "caste" and "descent" were crystallized and authoritatively
enunciated in the statement that was made on its behalf at the World
Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance held in Durban between 31 August-8 September 2001. The
Commission expressed the opinion that "the exchange of views on human
rights matters, whether at the national, regional or international level, can
all contribute constructively to the promotion and protection of such
rights." It added that it was not the "nomenclature" of the form of
discrimination that must engage our attention, but the fact of its persistence.
The Commission observed that the Constitution of India, in article 15,
expressly prohibits discrimination on grounds both of "race" and "caste"
and that constitutional guarantee had to be vigorously implemented. The
Commission held the view that the instruments of governance in the
country, and the energetic and committed non-governmental sector of
society that existed, could unitedly triumph over historical injustices that
had hurt the weakest sections of our country, particularly Dalits and
Adivasis. The Commission concluded that this was, above all, a national
responsibility and a moral imperative that can and must be honoured.
●
Subsequent to the Durban Conference, the Commission set in train a
number of measures to ensure appropriate follow-up to the decisions
taken in respect of the issues discussed at that Conference.
●
Rights of Persons displaced by Mega Projects: This has concerned
the Commission continuously since 1996-97 when the plight of those
dispossessed by the Bargi dam first came before the Commission. In the
light of that situation, and other comparable situations, the Commission
in 2000-2001 spelt out the need for a revised national policy to deal with
greater sensitivity with this issue. Specifically, the Commission has urged
that the resettlement and rehabilitation of persons displaced through the
acquisition of land for such projects should be part of the provisions of
the Land Acquisition Act itself, or be the subject of appropriate separate
legislation, so that they are justiciable. The views of the Commission
have been transmitted to the Cabinet.
●
Rights of the Disabled: The Commission urged the adoption and proper
implementation of the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995. In 2000-2001,
however, it considered it appropriate and necessary to propose a number
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