Human Rights In Goa?; Surely, You are joking?
Non-functional GHRC till November 2023,Resources not provided,Deluge of cases already.No respect for Constitution by State Government of Goa
Goa Human Rights Commission (GHRC) is non-existent since February 2023, it's been already 5 months; and Government expects the new GHRC to be set up, in another 3 months. So, for 8 months, Goa would be without any Human Rights Commission, at best estimates.
What is more important for a Government, than to ensure that, basic human rights are respected at all times, and if not, the lawful competent authority is present at all times, for the grievance redress?
The Protection of Human Rights Act, 1993 provides for the constitution of National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and the matters connected therewith or incidental thereto.
As per Section 2 (1) (d), “human rights” means the rights relating to life,liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by the courts in India. The Constitution of India has also guaranteed a right to life to all persons under Article 21. This right has been given a new dimension by the Court in the last three decades by interpreting the right to life in a liberal way.
It has been held in number of cases that the right to life includes the right to live with dignity and decency and also in a clean and healthy environment.Thus, any infringement of fundamental right also amounts to violation of human rights.
In the absence of a functioning State Human Rights Commission; the human rights of the citizens in the state, can well be described, on the mercy of the Lord Almighty.
The most powerful tool at the hands of a State Human Rights Commission is to take "Suo Motu" cognisance of the complaints of human rights violations in media and elsewhere. This is also the biggest surety for the citizen of the state, that someone is keeping a watchful eye on the upholding of their fundamental right. What happens, when this surety is gone, is anybody’s idea.
While the duration, the GHRC is non-existing, the "human rights" violations by government of Goa and public servants, cannot be heard and citizens of Goa are essentially on the mercy of those who rule them, with absolute impunity.
The Goa Human Rights Commission (GHRC) is required to have a Police Official of the rank of “Inspector General of Police” (IGP) at it's disposal for the investigation matters, to take the issues on hand, at swift and fast actions, but it has not been made available by the Chief Minister of Goa, Pramod Sawant.
Instead, a paltry Goa Police official of the rank of “Police Inspector” (PI) has been made available. There exists a sea between the powers and resources which an IGP can lend to, than a PI.
This shows how serious the state government of Goa, is about protecting the human rights of the ordinary citizens of Goa.
The only Annual Report on the website of GHRC available since it's coming into existence is that of 2020-2021, which lists the recommendations being made by GHRC on various grievances made by the commission, brought forward to it's notice or through the "suo motu" cognisance made by it.
These are very essential frame of references, which could decide further disputes in a matter of minutes, but ironically, the fact is, Goa Government has provided only the last annual report available.
While Goa being a bankrupt state, essentially surviving on Central Government grants and dole out, just because the same ruling party BJP is in power at Center also, the budget is also not concerned, because for the year 2020-2021 the State Commission on HR consumed far less, than the sanctioned budget.
So, when money is not the problem at all, why the State Government of Goa is so lax on protection of Human Rights of it's citizens?
The simplest answer in this case is that, they do not care.
The biggest example is, "Right To Drinking Water" guaranteed by the Constitution of India, as a fundamental right; on which the Government of Goa, it's MLAs and Member of Parliaments have defaulter heavily this year.Even with incessant rains, of past 2 Weeks, Goans are still scrambling for water, in any parts of the state.Had the GHRC been in existence, it would have surely reprimanded the state government and the Chief Minister heavily.When, Message becomes the problem; Kill the messenger! This seems the motto of State Government of Goa.
State Government has promised the Court, that GHRC would be back in functioning in another 3 months, which at best estimates would be November 2023. While there are already more than 450 complaints pending before it.There would be a deluge of work-load to process that for the new commission; in the meanwhile surely the human rights violations are not going to stop.
With not even proper human resources being made available to GHRC by the State Government of Goa; how effective the commission can be, is an easy guess!
How serious a state government is concerned about the welfare of it's citizens is not known by myriad scheme announcements, inaugurations; it is known by how seriously the governance takes the upholding of the fundamental human rights of it’s state citizens guaranteed by the constitution of India. Government of Goa’s functioning?