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Dadri lynching 'serious' violation of human rights: NHRC

PTI 12 Oct 2015, 19:12:53 IST

New Delhi: National Human Rights Commission (NHRC) today described the killing of a man in Dadri area of west UP last month as "serious" violation of human rights but expressed inability to take any action, saying the matter was already with the Minority Commission.

The Acting Chairperson of the NHRC, Justice Cyriac Joseph, said that the panel had no jurisdiction to take cognisance of violation of human rights if another Commission has taken note of it.

"Dadri incident is a very serious violation of human rights and some complaints have come to us. But, under the statute, we have no jurisdiction to take cognisance of violation of human rights if already another Commission has taken note of it.

"This is the restriction of the statute imposed on us. Though from Mexico, I had given instructions to my office to take cognisance of the incident, the Minority Commission had already taken cognisance in the case and had issued notices," he said.

However, Justice Joseph said he was exploring the possibility of doing "something" in the matter.

"As minority commission is dealing with the case, we cannot proceed with it, however, we are examining it and also exploring the possibility of doing something in the matter," Justice Joseph said at 22nd Foundation Day of NHRC today.

Section 36 (1) of the Act states that the Commission shall not enquire into any matter which is pending before a National Commission, State commission or any other Commission duly constituted under any law.

On the issue of beef ban leading to serious law and order situation, Justice Joseph said even though the Commission has not formed its stand on the "complex issue", it is bound to protect the "citizens' right to food of their choice."

Read Also: Dadri-like incidents will damage BJP, NDA: Manohar Parrikar

Reacting to cancellation of Ghulam Ali's concerts in Mumbai and Pune and the ink attack on ORF chairman Sudheendra Kulkarni, Justice Joseph said that the Commission is concerned and will examine them.

"We will be examining whether the state or its offices have failed in their duty in protecting and ensuring the freedom of the citizens of the country," he said adding that the whole society must be concerned with such incidents.

"We have a democracy here and all those who are involved in the democratic life of this country, be it the political parties, the law enforcement agencies or judiciary etc, everyone should be concerned," he said.

The Commission has taken cognizance in the case of the Indian domestic worker, whose hand was allegedly chopped off by Saudi employer and has issued notices to External Affairs Ministry to take action in the matter.

In the period between Oct 1, 2014 and October 8 this year has received a total 1,17,888 cases were registered in the Commission, out of which 98,460 cases were disposed off and in 19,428 cases, the final decisions are yet to be taken.

Monetary relief was granted in 328 cases and a total Rs 695,10,000 were recommended for payment of compensation.

The Commission has majority of the complaints from Uttar Pradesh (53,333) followed by Odisha (12,457), Haryana (10,920), Delhi (7,648) and Bihar (3,163) The Commission has also received 351 cases from abroad regarding alleged violation of human rights in the last one

"The cases are violation of human rights of Indian citizens by the establishment or the government of that country where they live and their complaint is that...we have approached the Indian embassy but they have not helped us or protected out interests, so please intervene and request them so that they come to our rescue," said Justice Joseph.