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| State Commissions Established Half-Heartedly but Died Completely | | | Avinash Azad
Winding up of seven State Commission in J&K by Union Government just few days before the implementation of J&K Organisation Bill 2019, that bifurcate the J&K state into two Union Territories, J&K with legislative assembly and the UT of Ladakh without legislature, the Centre, is believed will begin a new era of "transparency" in the functioning of both the UTs from 31st October 2019, as the hoodwinking with the people, as these Commissions established half-heartedly could not serve its purpose, will come to an end and most of these institutions will be replaced by the Central watchdog bodies.
The seven State Commission which will be ceased to operate from October 31 are J&K State Human Rights Commission (SHRC), J&K State Information Commission (SIC), State Consumer Disputes Redressal Commission (SCDRC), State Electricity Regulatory Commission (SERC), State Commission for Persons with Disabilities (SCPwD), J&K State Commission for Protection of Women and Child Rights (SCPWCR) and State Accountability Commission (SAC).
Though all these State Commissions parallel to the National Commissions were set to bring transparency in the functioning of state government, but unfortunately, the State Government failed to deliver on expected lines and forgot its responsibilities to meet the requirement of these 'watch dog' bodies. All of these Commissions remained understaffed and headless for years together be it SHRC or SIC. At the time of establishment of these commissions, opposition parties alleged that these commissions were being created to accommodate the people of ruling class.
The SHRC was constituted with an objective of safeguarding the human rights, but the commission could not even fulfil its mandated responsibilities. The commission was given the duty to spread the awareness among the masses with regard to the human rights through seminars, discussions and through other means of communication. But the commission could never perform this function in the lack of required funds. After the analysis of annual reports of the commission, it was found that most of the cases registered in the commissions were originated from Kashmir province which can be assumed is due to the history of conflict in this region. But the number of cases from the Jammu province was considerably low. The two inferences can be drawn from this, one is that the violation of human rights does not occur at a comparative rate in Jammu division and second, the people of Jammu division are not aware about their human rights and also about the fact that such a body exist where they can complaint about their human rights violation. The second inference seems to be more valid. Despite being State Commission, the SHRC remained stationed in Kashmir with a camp office in Jammu that too in a rented building.
There was very less awareness among the masses about the Commission and its functioning especially among illiterate masses. Constituted in 1997 by National Conference (NC) Government in state, during its existence of 22 years, at least half of the time, the commission struggled for its survival due staff shortage including chairperson and the members of the commission. Initial annual reports published by the commission reflect non-seriousness of the then state government to make the body effective and serve its purpose. The role state governments' in making the body ineffective is more prominent. The Commission in 2010-11 highlight the case of and asked the Government of Jammu and Kashmir to carry out DNA tests and investigate into the unmarked graves and mass graves of North Kashmir. On 13th August 2012, the Jammu and Kashmir government submitted the Action Taken Report to the SHRC, wherein it mentioned that the government would not carry out any DNA investigations of the unmarked graves and mass graves, as according to them it is an 'academic exercise in futility'.
Another important watchdog body the State Information Commission, which too constituted during NC's rule in state, met the same fate, as the SHRC suffered. The Commission got only one fulltime Chief Information Commission (CIC) during its 10 years long of its existence, similarly the post of State Information Commissioner for Jammu fell vacant after expiry of first term of SIC Jammu. After first term of CIC and SIC end, the commission completed next five years on ad-hoc basis. Since the appointment Khurshid Ganai as advisor to the Governor, the Commission remained headless and it was run by Mohammad Ashraf Mir, State Information Commissioner Kashmir single-handedly. Though the jurisdiction of several National Commissions will get extended to both the new UTs J&K and Ladakh.
With the winding up of the State Human Rights Commission its implementation in both the UTs will be supervised by the National Human Rights Commission likewise the Central RTI Act will be applicable to both the Union Territories and its implementation will be ensured by Central Information Commission. All the record pertaining to SHRC and SIC will be transferred to the Department of Law, Justice and Parliament Affairs Department and the General Administration Department respectively.
As J&K Consumer Protection Act, 1987 has also been repealed by the J&K Reorganization Act, State Consumer Disputes Redressal Commission will cease to exist from October 31, the rights of the consumers in both the UTs will be protected under the Consumer Protection Act enacted by the Parliament in 1986 and its implementation will be ensured by National Consumer Disputes Redressal Commission, meanwhile the record will be transferred to the Department of Food, Civil Supplies and Consumer Affairs.
The winding up of State Electricity Regulatory Commission consequent upon repeal of J&K State Electricity Act, 2010, all record pertaining to the CERC will be handed over to the Power Development Department. Rights under the J&K Right of Persons with Disability Act, 2018 will be protected by Chief Commissioner for Persons with Disabilities, a Government of India agency under the Ministry of Social Justice and Empowerment.
State Commission for Protection of Women and Child Rights will also cease to exist and the rights of these sections of the society will be protected under the Central Act whose implementation will be ensured by National Commission. Initially, with the repealing all the seven Commissions are being seen as saving of huge resources and manpower, which can now be utilized in Government departments, PSUs and Corporations, almost all these Commissions had virtually stopped functioning ever since the enactment of J&K Reorganization Act by the Parliament.
--Author can be reached: [email protected] |
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