Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Most domestic and international human rights groups generally operated without government restriction, investigating, and publishing their findings on human rights cases. In some circumstances, groups faced restrictions (see section 2.b, Freedom of Association). Reportedly more than three million NGOs in the country advocated for social justice, sustainable development, and human rights, but definitive numbers were not available. The government generally met with domestic NGOs, responded to their inquiries, and took action in response to their reports or recommendations. The NHRC worked cooperatively with numerous NGOs, and several NHRC committees had NGO representation. Some human rights monitors in the state of Jammu and Kashmir were able to document human rights violations, but periodically security forces, police, and other law enforcement authorities reportedly restrained or harassed them. Representatives of certain international human rights NGOs sometimes faced difficulties obtaining visas and reported that occasional official harassment and restrictions limited their public distribution of materials.
In July 2017 the Supreme Court rejected the relief plea of activists Teesta Setalvad, Javed Anand, and their colleagues from charges of corruption and misappropriation of funds. Additional charges were filed on May 30 for allegedly securing and misusing fraudulently 14 million rupees ($200,000) worth of government funds for educational purposes between 2010 and 2013. The activists claimed authorities filed the case in retaliation for their work on behalf of victims of the 2002 Gujarat riot. The case continued at year’s end.
The United Nations or Other International Bodies: The government continued to decline access by the United Nations to the state of Jammu and Kashmir, and limit access to the northeastern states, and Maoist-controlled areas. The June 14 OHCHR publication Report on the Human Rights Situation in Kashmir cited impunity for human rights violations and lack of access to justice as key human rights challenges in the state of Jammu and Kashmir. The government rejected OHCHR’s report as “false, prejudicial, politically motivated, and [seeking] to undermine the sovereignty of India.”
Government Human Rights Bodies: The NHRC is an independent and impartial investigatory and advisory body, established by the central government, with a dual mandate to investigate and remedy instances of human rights violations and to promote public awareness of human rights. It is directly accountable to parliament but works in close coordination with the Ministry of Home Affairs and the Ministry of Law and Justice. It has a mandate to address official violations of human rights or negligence in the prevention of violations, intervene in judicial proceedings involving allegations of human rights violations, and review any factors (including acts of terrorism) that infringe on human rights. The law authorizes the NHRC to issue summonses and compel testimony, produce documentation, and requisition public records. The NHRC also recommends appropriate remedies for abuses in the form of compensation to the victims of government killings or their families.
The NHRC has neither the authority to enforce the implementation of its recommendations nor the power to address allegations against military and paramilitary personnel. Human rights groups claimed these limitations hampered the work of the NHRC. Some human rights NGOs criticized the NHRC’s budgetary dependence on the government and its policy of not investigating abuses more than one year old. Some claimed the NHRC did not register all complaints, dismissed cases arbitrarily, did not investigate cases thoroughly, rerouted complaints back to the alleged violator, and did not adequately protect complainants.
Twenty-four of 29 states have human rights commissions, which operated independently under the auspices of the NHRC. In six states the position of chairperson remained vacant. Some human rights groups alleged local politics influenced state committees, which were less likely to offer fair judgments than the NHRC. In the course of its nationwide evaluation of state human rights committees, the Human Rights Law Network (HRLN) observed most state committees had few or no minority, civil society, or female representatives. The HRLN claimed the committees were ineffective and at times hostile toward victims, hampered by political appointments, understaffed, and underfunded.
The Jammu and Kashmir commission does not have the authority to investigate alleged human rights violations committed by members of paramilitary security forces. The NHRC has jurisdiction over all human rights violations, except in certain cases involving the army. The NHRC has authority to investigate cases of human rights violations committed by Ministry of Home Affairs paramilitary forces operating under the Armed Forces Special Powers Act (AFSPA) in the northeast states and in the state of Jammu and Kashmir. According to the OHCHR Report on the Human Rights Situation in Kashmir, there has been no prosecution of armed forces personnel in the nearly 28 years that the AFSPA has been in force in the state of Jammu and Kashmir.