ANNUAL REPORT 2004
2. (24 July 2003), Following questions of human rights raised in the different media
while reporting about the rehabilitation of the Kamaiyas, a decision was taken to send
Commissioner Dr. Gouri Shankar Lal Das to the site to monitor the situation.
3. (29 July 2003), To a letter written - after a long interval following the second round
of talks - by His Majesty’s Government on 12 July 2003 to push for the third round, the
Maoists had send their reply on 23 July 2003. HMG sent another letter on 24 July 2004,
which the Maoists answered back on 27 July 2003 with a request to furnish replies
within five days. These exchange of letters instead of fixing a date for the third round of
talks and building an environment of confidence have only widened the gulf between
the two. The Commission is greatly distressed since the inability to hold talks would
have unimaginable consequences. Even though the situation is grave, it was decided to
call upon both sides to declare a cease-fire, have them sign and make a commitment to
the code of conduct. Besides they would be asked not to limit themselves to an exchange
of letters but to rethink their respective stances and sit down for talks for the sake of
the nation’s welfare.The Commission decided to immediately carry out the following
to initiate without delay the task of monitoring the provision related to human rights in
the code of conduct.
a. The Commission will make efforts to seek the understanding of both the sides to
the monitoring bases and processes that have been sent to HMG and the Maoists.
b. The Commission will forward the process of holding discussions with senior leaders
of the political parties, heads of diplomatic missions and civil society on the monitoring
activities to be carried out by the Commission.
c. An advisory committee comprising those concerned with human rights and prominent
people from the civil society will be formed.
d. An inspection of the situation of human rights as provisioned in the code of conduct
will be made in different parts of the country by involving members of the advisory
committee.
4. (18 November 2003), For a long time, United Nations agencies and international
human rights organisations have been making public statements about an increase in
the incidents of disappearances and torture. And also given the number of complaints
filed at the NHRC, it has decided to request HMG to seek the assistance of the United
Nations Human Rights Commission and invite a Special Rapporteur and the Working
Group dealing with torture and disappearances respectively.
5. (25 November 2003), The Child Rights Act 1992 and the Act to ban Child Labour have
made provision for different rights of children. It is the duty of the government to
effectively protect these rights. However, we have received information that employees
of HMG’s offices are employing young children in labour. It was, therefore, decided to
recommend to HMG to issue directives to all employees and officials of the army, civil
service and police organs as well as government-owned corporations and other salaried
government officials not to engage in any activity that violates the rights of the child.
The government is also requested to take departmental action against those violating
children’s rights according to law and give utmost publicity so that such a system takes
root at the people’s level.
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