NHRC Verdict on mass cremations and disappearances

Although NHRC has come forth with a historic and appreciable judgement , yet it supplements a list of lapses and omissions including compensation which is quite a meager one as most of the victims were in their prime youth and had a very long tenure at hand to support their family. The quotable point of the case that will make it worth mentioning as authority is that NHRC has a statutory bar not to inquire into cases of incidents of more than one year old ,its inquiry in this case is worth recording. When NHRC started investigation, Union Govt. of that time questioned its jurisdiction in view of one year time limit, Commission rejected the objection, Govt. got the inquiry stayed and appealed to the Supreme Court. Apex Court had ruled that Commission had jurisdiction not only to deal with the matter , but also added that ”any compensation awarded by the Commission (to the dependants of the victims) shall be binding and payable “. In this case time limit set by Protection of Human Rights act has been waived and condoned keeping in view the mass human rights violations. The notable point and questionable thing is that the entire matter was concerned with the Punjab State and the Punjab Police ,any action if taken was to be faced by them ,any compensation if awarded was to be paid by them , then why the Union Govt. had to move the apex court .. This establishes the very evidence to the connivance between the union and the state Govts. The Commission should have pulled the union govt. for their futile and unconcerned effort.The thinkers, intellectuals, and the human rights activists may not make out one thing. Would the next of kin of the declared -dead and cremated in police record, but who are otherwise alive and living with a changed ficticious identity (as came in light sometime ago) ,also be entitled to the compensation. It is another thing that at that time some most incapable but good manipulators police personels succeeded in elevating themselves to the prime and premium posts with premium stations, also got the matter hushed up when questioned by media. Anyhow the order of NHRC is to work as a local application on the deep wounds of the sufferers and not as soothing or curing affect. Already very much delayed justice is nothing but a denied one and the victims though deserve yet may not succeed in getting the culprits booked as the latter are more powerful and influencial as compared with the former one.

S. K.Mittal