Index
I. Background 3-4
II. Summary of settled PRINCIPLES of REHABILITation 5-6
III. COMPREHENSIVE REHABILITATION PLAN 7-20
1. Background
2. Categories of Internally Displaced Persons (IDPs) of Dantewada and Bijapur Districts
3. Types of Rehabilitation and Reparation Required
4. Need for a Monitoring Mechanism, with suggested composition of committee
5. Survey and Identification of Affected Persons, Households and Villages
6. Dissemination of Information regarding Plan and Procedures
7. Rates of Compensation for Individuals and Households
8. Provision of Village Infrastructure
9. Legal Aid for Families
10. Special Rehabilitation Package for Children
11. Special Provisions for Women
12. Reparations to the Community and the Administration
ANNEXURES: Extracts from Relevant documents on Principles Governing Rehabilitation 21-37
Annexure 1: Supreme Court Judgments
Annexure 2: UN ‘Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law’, 2006
Annexure 3: National Rehabilitation and Resettlement Policy 2007
Annexure 4: NHRC’s Recommendations on Relief and Rehabilitation of Displaced Persons, 2008
Annexure 5: UN Guiding Principles on Internally Displaced Persons, 1998
Annexure 6: Scheme for Relief and Rehabilitation of Victims of Rape, 2005 prepared by the National Commission for Women on the directions of the Supreme Court.
I. BACKGROUND
The present submissions are made pursuant to the orders of the Honourable Court dated 18.2.2010. The Court directed that “The petitioners may file a comprehensive rehabilitation plan and be submitted to this Court within the next date of hearing. The State would also file its objection, if any, to this Court on this aspect.” It may be recalled that while the order as recorded reads: “It is also requested by the petitioners that compensation should be paid to the persons who lost their houses and belongings by the acts of naxalites”, the matter was mentioned the following morning, 19.2.2010, before the Chief Justice in the presence of the counsel for the State of Chhattisgarh who had been notified. Thus it was clarified by the Court that the rehabilitation plan submitted would cover all those who are victims of the conflict in this regard, including vigilante, state and Naxalite violence. The Hon’ble Court had also directed that “The State shall file a report as to what steps have been taken to see that FIRs are registered in cases where no FIRs have been registered, as pointed out in the report of NHRC and what further steps have been taken to prosecute the accused who have been already charge-sheeted by the police.”It follows from this that there are two main aspects to the course of rehabilitative action being directed by this Honourable Court, which are entirely in keeping with international and national precedent and policy: a.) comprehensive compensation and rehabilitation for all those who have suffered loss of life, limb, livelihood, shelter and property, or undergone sexual violence on account of the ongoing conflict between the Naxalites, security forces and Salwa Judum, and b.) upholding the rule of law by means of registration, investigation and prosecution of all human rights violations. Upholding the rule of law is as much an integral part of the rehabilitation scheme as any other aspect of rehabilitation, since physical displacement of the tribals in Dantewada has been the outcome of infringement of the law by State and non-State agencies. Upholding the rule of law is crucial for ensuring that it may not be infringed in the future leading to further displacement.
In order to frame a comprehensive rehabilitation policy, we have relied on the settled principles of rehabilitative justice. In State of Gujarat v. The Hon’ble Court of Gujarat (1998) 7 SCC 392, the Supreme Court has recognized the 2006 ‘UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law’, then in draft form, as part of any scheme of rehabilitation, noting that “The victim is certainly entitled to reparation, restitution and safeguard of his rights.” In its 2008 recommendations on rehabilitation and resettlement, the NHRC has also recognized these 2006 UN principles and the UN Guidelines on Internally Displaced Persons, 1998, as the guiding principles for reparation to victims of human rights violations and rehabilitation of internally displaced persons. These internationally recognized humanitarian principles and guidelines are directly relevant to any proposal for rehabilitation in the present case.
The relevant portions of the Supreme Court judgments, the National Rehabilitation and Resettlement Policy 2007, the National Human Rights Commission (NHRC) Recommendations on Rehabilitation and Resettlement, 2008, the UN General Assembly Resolution on the ‘Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law’, 2006, and the UN Guiding Principles on Internally Displaced Persons, 1998, and the Scheme for Rehabilitation of Rape Victims 2005, drawn up by the National Commission for Women, on the directions of the Supreme Court, are annexed here as Annexures 1- 6.
The UN Guiding Principles on Internally Displaced Persons (IDPs), 1998, define IDPs as: “internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or humanmade disasters, and who have not crossed an internationally recognized State border.” The adivasis of Dantewda and Bijapur district are in every sense of the term “internally displaced persons”.
II. SUMMARY OF SETTLED PRINCIPLES OF REHABILITATION
- “The Victims’ Right to Remedies under the UN 2006 Principles and Guidelines include (a) Equal and effective access to justice; (b) Adequate, effective and prompt reparation for harm suffered; (c) Access to relevant information concerning violations and reparation mechanisms. Adequate, effective and prompt reparation in turn includes the following principles: 1. Restitution, 2. Compensation, 3. Rehabilitation, 4. Satisfaction, 5. Guarantee of Non- repetition.[1]
- In the case of conflict induced internally displaced persons, the NHRC (2008) has noted that it is critical to “focus on identifying and creating the assurances which displaced persons would require in order to repatriate to former place of residence voluntarily.” This includes “focusing on the prevention aspects of displacement, and a guarantee of non-repetition of human rights violations such as rape, murder, beating, arbitrary arrests, including criminal prosecution of the guilty”.[2]
- Identifying missing persons, compensating for death of relatives, or injury and sexual violence, as well as compensating for the resulting trauma, is critical to any rehabilitation and reparations project.[3]
- In a ‘victim oriented approach”, “compensation is payable irrespective of the criminal being apprehended or not and independent of the trial of the accused.”[4] This does not, however, absolve the state of its responsibility for criminal prosecutions of those accused of grave human rights violations, as accepted by the principle of equal and effective access to justice.[5]
- All affected and displaced persons have the right to immediate humanitarian assistance, wherever they are. In particular, they have the right to food, shelter, healthcare (including mental health care), clothing and education. There should, at the same time, be a time frame for full and voluntary return of all displaced persons in conflict situations.[6]
- Compensation and rehabilitation should restore affected persons, especially when they are scheduled tribes, to a situation better than before, and should include full infrastructural facilities in villages.[7]
- There should be full publicity given to such a plan and victims must be involved at all levels. In addition, there should be free access for civil society, media and humanitarian agencies, both national and international.[8]
- Rehabilitation will be impossible without monitoring by an independent committee which will exercise oversight over the rehabilitation and reparation process, under the continuing orders of the Court. The rehabilitation plan must account for events or processes that are not anticipated at the time of preparing the plan, but which become critical later on. This is in keeping with several judgments of this Court which have referred to an order in the nature of a permanent mandamus.[9] The need for a monitoring and grievance mechanism separate from the implementing government is also contained in the National Rehabilitation and Resettlement Policy of 2007. The UN Guidelines on Internally Displaced Persons (IDPs) 1998 provide for humanitarian organizations to be involved.
- There is a strong need for a national fund and policy on rehabilitation of conflict-induced IDPs. The rehabilitation package should be governed by common principles regardless of where the persons are located, or the type of conflict which has led to their displacement. The Kashmiri migrants, Gujarat riot affected persons, victims of the Sikh riots of 1984 or the adivasis of Chhattisgarh are all equally citizens of India.[10]
III. Comprehensive Rehabilitation Plan for Dantewada and bijapur districts, chhattisgarh, 2010
I. Background
The scope of the problem is at the very least what is indicated by the NHRC’s visit to Dantewada and Andhra Pradesh (AP) in 2008. The NHRC annexures include testimonies submitted to it by next of kin or statements based on cross examination of relatives (Annexures B-1 to B-4 of NHRC report). These narratives of forcible displacement to Salwa Judum camps and to AP, killings, rapes, looting and arson by Salwa Judum, security forces, SPOs and Naxalites, signify the nature of the problem to be addressed if not its full scope. It is evident from NHRC’s report itself that their investigation was a limited one for the NHRC could not go into the vast majority of complaints listed in the petitions before the Court or the complaints that it itself received in the course of the investigation. By official statistics, 644 villages have been affected in the conflict.[11]
Table of Cases investigated by NHRC in response to charges in WP 250/2007 and 119/2007
| No. of Killings Alleged by petitioners | No. of murder cases investigated by NHRC | No. of villages burnt/property damaged in petitioners list | No. of villages investigated by NHRC where arson/looting alleged | No. of rapes alleged | No. of rapes investigated by NHRC |
| 537 | 145 | 103 | 16 | 99 | 5 |
The adivasi citizens of Dantewada, who were already the poorest in the country to begin with, have been rendered destitute by conflict, and are suffering from severe malnutrition. However, they will not come back home unless they can be assured of peace, which will come about only if criminal prosecution is initiated against the guilty, and there is an end to the continuing displacement caused by arson in the course of search operations. This is entirely in keeping with the NHRC’s recommendations to identify and create the assurances which displaced persons would require in order to repatriate to former place of residence voluntarily.
II. Categories of Internally Displaced Persons (IDPS) of Dantewada and Bijapur districts
Overall, at least a lakh of people are directly affected, including old people, women and children, and some 3 lakh or so live in the affected area. The IDPs fall into three categories:
1.) Those hiding in the jungles around their villages, or living at home but periodically fleeing into the jungles, after their villages were attacked by the security forces and Salwa Judum, and houses burnt down. This is the largest category.
2.) Those who have fled to Andhra Pradesh, because of attacks by the Salwa Judum and security forces. There, they live an uncertain existence on forest land at the mercy of the Andhra Pradesh forest department, or other AP host villagers. The numbers here are estimated at 30-40,000 with at least 350 families having fled since September 2099 alone, according to local NGOs in Andhra Pradesh. They stand deprived of the rights to which they would be entitled under Schedule V of the Constitution of India, had they been allowed to stay in their home villages.
3.) Those still in Salwa Judum camps. Initially 47, 238 tribals were forcibly evicted into camps according to a Government of Chhattisgarh memorandum,[12] but by 2008, after three years of being held captive in the Salwa Judum camps, many of the villagers started going back to their village. Those who are left in camps are now mainly Salwa Judum supporters and SPOs, according to the NHRC report.
III. Types of Rehabilitation and Reparation REQUIRED
In addition to rehabilitating individuals and households, the village community as a whole has to be rehabilitated and restored as a functioning unit, with all necessary infrastructural provisions. There are no PDS shops, handpumps, schools, anganwadis etc. in affected villages. There is also an urgent need to restore the functioning of the administration and constitutional machinery which has completely broken down in the districts of Dantewada and Bijapur, as no FIRs are being filed, no services are being extended to the villages etc. In other words, rehabilitation and reparations have to take place at five levels:
- Individual compensation for injury, death, sexual violence, without prejudice to criminal prosecution
- Household compensation for property loss and damage
- Rebuilding and provision of village infrastructure
- Restoration of adivasi society which has suffered damage due to breakdown of trust and fratricidal violence
- Restoration of district administrative, police and judicial machinery.
IV. NEED FOR A MONITORING MECHANISM
It is the accepted principle of rehabilitation in such situations that a multidisciplinary monitoring committee should oversee all aspects of rehabilitation, compensation and reparation in order for it to be effectively implemented, especially since the existing administrative machinery in Dantewada and Bijapur has broken down causing such massive displacement and loss of lives. In fact, rehabilitation is not possible otherwise because different kinds of expertise would be needed for the identification of victims, assessment of damages, gender and child specific reliefs, and the adherence to humanitarian law. No government department by itself can handle the process of restoration. In fact, in Pakistan in the Swat valley and in Nepal, humanitarian aid was taken for a fairly successful restoration of IDPs.
For example, members deputed by the National Commission for the Protection of Child Rights are needed to oversee the restoration of the schooling system, the rehabilitation of minors who were employed as combatants, and the psychological trauma of children who are caught in the conflict; from the National Commission of Women or NGOs specialized in counseling of women victims of rape and sexual violence to oversee the registration of cases related to sexual violence and other problems faced by women, and from the NHRC to oversee the implementation of the NHRC guidelines on the registration of FIRs in all matters related to encounters, missing persons and suspicious deaths. Finally, as the Supreme Court has recognized victim’s voices must be given fair representation.
The appointment of a Committee to serve as the Court’s emissary is not a new concept. This Honourable Court has over several cases evolved the concept of a continuing mandamus to ensure that the fullest restoration of life, liberty, livelihood, and due process occurs.[13] In Ranganathan v. Union of India (1999) 6 SCC 26, concerning riot affected persons, the Supreme Court constituted an Authority which would receive and adjudicate claims, and hold sittings where required.
Composition of the High level Committee: The Committee could be chaired by a former High Court Judge or a senior civil servant, with expertise in tribal and rehabilitation issues. An illustrative composition is suggested below; the final choice would be of the Court and the Chairperson:
Chairperson: Former Justice/ Secretary, GOI
Members:
- Member Secretary: Eminent citizen with expertise in humanitarian work to assist chairperson
- Director of reputed academic institute which will serve as the survey agency
- Retired District Judge to process claims on heinous crimes as was done in Ranganathan v. Union of India (1999) 6 SCC 26
- Representative of NCPCR to address children’s special needs
- Representative of NCW/Women’s NGO to address women’s special needs
- Representative of NHRC/ National Commission for Scheduled Tribes
- CG Government Representative
- AP Government Representative
- Two Representatives of Victims
- Reputed NGOs/ Humanitarian Organisations/Counsellors
The Committee would be required to submit periodic reports on the actual progress to the Hon’ble Supreme Court, and act under the directions of the Court. The Chairperson would be required to be based in Dantewada district initially to start the process. At any given time, representatives of the committee should be available locally to instill confidence in the public, and provide a forum for grievance redressal. Funds for the functioning of this committee must come from the Union of India, and the Governments of Chhattisgarh and Andhra Pradesh must be instructed to provide all possible help to this committee.
V. SURVEY AND IDENTIFICATION OF AFFECTED PERSONS, HOUSEHOLDS AND VILLAGES
- Problems of Identification
a.) Since 2007, the number of villages affected has increased from 644. The blocks which are most severely affected are Bijapur, Bhairamgarh, Konta, Kuakonda, Usur, Bhopalpatnam, though others are also affected in varying degrees. Despite repeated requests, the government has not made available a list of villages affected. The Government must be required to make this list available.
b.) Since families are divided between the camps, villages, and Andhra Pradesh, there is some uncertainty as to exact number of households affected, and where they are located.
c.) Further, there is a problem of identification of refugees in Andhra Pradesh for two major reasons: 1.) fear of admitting that they are refugees from Salwa Judum in case they are pushed back over the border once again, at a time when they have fled fearing for their lives; 2.) recent Salwa Judum refugees are mixed with those who have come in search of land. While the former wish to return if conditions become peaceful, the latter are economic migrants.
d.) Identification of victims of death, rape and sexual violence, and injury is hampered by the fact that FIRs have not been registered and witnesses are being threatened, as happened to IDPs who had come to depose before the NHRC in 2008,[14] and has happened again in the case of victims relatives from Gompad and Gachanpalli villages who had petitioned the Supreme Court and were subsequently arrested.[15]
- The first task therefore is survey and identification of:
a.) List of Affected villages in Chhattisgarh
b.) List of Affected Persons in both Chhattisgarh and in Andhra Pradesh
c.) Persons affected by Heinous crimes
d.) Nature and Extent of Property Losses suffered by affected persons
e.) Damage to village infrastructure
f.) Specialised problems in each village.
- Survey Agency: The task of survey and identification of affected villages, affected persons, victims of heinous crimes, property losses suffered by them and special problems should be entrusted, in the first instance, to the National Institute for Rural Development (NIRD), Hyderabad, or a similar institute of repute which possesses the necessary competence such as Tata Institute of Social Sciences, Bombay or Indian Institute of Rural Management, Anand. They should be asked to draw up a suitable questionnaire for survey and hire field investigators from amongst local college students in both Andhra Pradesh, and Chhattisgarh (Jagdalpur, Dantewada and Sukma colleges) who know the local language and can make village visits to verify the facts. NIRD must also ascertain the local rates for replacement value of houses, household goods, livestock etc. This process must be time bound, and have seriously commenced by the 2010 agricultural season. This survey must be supervised by the High level Committee.
The High level Committee and NIRD can devise their own mechanisms, but for convenience regard may be had to the testimonies submitted by villagers of 111 villages (WP 119/2007, Vol. I & II), and later, by 381 villagers from 18 villages (WP 250/2007, March 2009 affidavit) as priority, followed by other affected villages.
Collective testimonies: Estimation of losses suffered by individuals and households must be recorded on the basis of collective village testimonies, to ensure transparency. Those who are in Andhra Pradesh must be allowed to return to their villages for this purpose and there must be no arbitrary arrest or detention during this period.
- Identification of Victims of Heinous Crimes: Insofar as victims affected by death of relatives, injuries, rape and sexual violence are concerned, in addition to the village wise survey conducted by NIRD, the High Level Committee can invite claims through public notice as was done in the case of Ranganathan v. Union of India 1999 6 SCC 26 and follow similar procedures. The Authority constituted in that case consisted of retired district judges who could hold sittings where required, and had the powers to examine witnesses, summon records etc.
- The police cannot be made the information collecting agency for this purpose as people will be intimidated. Once verified, FIRs should be registered, and these FIRs must be treated as prima facie evidence for the payment of compensation, without waiting for the criminal prosecution.
- The Committee must devise a system for witness protection, especially when it comes to victims of rape and sexual violence.
VI. DISSEMINATION OF INFORMATION REGARDING PLAN AND PROCEDURES
The rehabilitation plan must receive wide publicity in both Chhattisgarh and Andhra Pradesh, so that those who wish to return to their villages are encouraged to do so, and those who wish to file claims for heinous crimes can do so. This will also make the task of verification easier. All local papers in Chhattisgarh and Andhra Pradesh must be instructed to carry a notice informing the public that the Supreme Court has mandated a rehabilitation plan, and details of the procedure. This was done in Ranganathan v. Union of India (1999) 6 SCC 26.
VII. RATES OF COMPENSATION FOR INDIVIDUALS AND HOUSEHOLDS
1. The schedule of rates for compensation for both personal losses (death, injury, sexual violence) and household property losses may be decided by the High Level Monitoring Committee.
2. Compensation for loss of life and injury should be uniform between victims of Naxalite violence and victims of Salwa Judum/security force violence. In this regard, the benchmark can be the rates of compensation given to Kashmiri migrants or the rates embodied in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. This amount can be kept as a fixed deposit as is currently deemed administrative best practice, but the passbooks must be given to the next of kin, and not kept with the village sarpanch.
3. Compensation for household losses must include the following, and be aimed at not just restoring the standard of life commensurate with what they had before Salwa Judum, but one that will improve their subsistence, as mandated by the National Rehabilitation and Resettlement Policy 2007. The compensation can be in the form of monetary or in-kind restoration:
a. Immediate rations for six months till the crops are harvested
b. Transport for those villagers who have fled to Andhra Pradesh or are in camps and wish to return home
c. Houses – as per the National R & R Policy, 2007, scheduled tribes must be allowed to build their own houses as per their requirements.
d. Grain, mahua, tora, beans, dal etc.
e. Clothes, vessels and other personal household items
f. Cycles, radios and other small consumer items
g. Agricultural implements
h. Cattle, pigs, goats, poultry
i. Seeds for sowing
j. Land restoration – since land has been fallow for five years or so, they will need help with making it cultivable again. For this, the government will have to provide tractors wherever possible, or make available plough bullocks on an urgent basis.
4. Compensation for rapes and sexual violence should be provided as per the Scheme for Relief and Rehabilitation of Victims of Rape as desired by the Hon’ble Supreme Court (Annexure 6).
VIII. PROVISION OF VILLAGE INFRASTRUCTURE
The National Relief and Rehabilitation Policy 2007, notes that “comprehensive infrastructural facilities and amenities notified by the appropriate Government shall be provided in the resettlement area(s). Such facilities and amenities shall, inter alia, include roads, public transport, drainage, sanitation, safe drinking water, drinking water for cattle, community ponds, grazing land, land for fodder, plantation (social forestry or agroforestry), Fair Price shops, panchayat ghars, Cooperative Societies, Post Offices, seed-cum-fertilizer storage, irrigation, electricity, health centres, child and mother supplemental nutritional services, children's playground, community centres, schools, institutional arrangements for training, etc.” (Para 7.22.1) The aim is to restore affected persons, especially when they are scheduled tribes, to a situation better than before. The funds for this can come from the Tribal Sub-Plans and all relevant social sector schemes (NREGA, pensions, etc.) may be integrated with this.
The following concerns must be kept in mind when drawing up a list of schemes that are to be made available in the affected villages on a priority basis. For those who are unwilling to go back, and as an interim measure, all these facilities must also be made available to the IDPs wherever they are, including in the state of Andhra Pradesh.
- FOOD: Public Distribution System (PDS) shops, Integrated Child Development Services (ICDS), mid-day meals, Antyodaya schemes, widow and old age pensions must be provided in all affected villages. Anganwadi centres must be revived in every village.
- EDUCATION: Primary schools must be reopened in all villages, and teachers must be directed to resume duty. Where security forces are in occupation of schools and ashrams, or camped in their grounds, they must be directed to vacate with immediate effect. Where Maoists have blasted the schools and educational infrastructure is unavailable, villagers should be given employment under NREGA to reconstruct the school buildings. (See also separate package for children, Section 10).
- HEALTH: All vacancies in Primary Health Care Centres must be filled on an urgent basis. The National Rural Health Mission, Disease Control Programs and the Mitanin scheme should be made applicable/restored to these villages. Specialised medical care, including psychological counseling, should be made available to all victims, and the Government must pay for their referral to specialized centres, where necessary. In the interim, organizations like the MSF (Medicin sans Frontier) and ICRC (International Red Cross), which are providing medical aid should be encouraged to operate freely.
- DRINKING WATER: Handpumps should be repaired wherever damaged on an urgent basis, and all drinking water schemes should be extended to these villages
- HOUSING: Villagers should be financially helped to rebuild their own houses, using the Indira Awas scheme. Toilets and other sanitation facilities should also be provided.
- EMPLOYMENT: All government schemes like National Rural Employment Guarantee Act (NREGA) and Swaranjayanti Gram Swarojgar Yojana (SGSY) should be extended to the affected villages on a priority basis. Rates for tendu leaf collection should be enhanced, to at least match minimum wages. Womens’ self help groups should be provided financial support so that they may come out of the clutches of the money lenders and petty traders. Adivasi boys and girls should be provided vocational training so that they may improve their employment opportunities.
- RESTORATION OF VILLAGE MARKETS: Markets which been closed down should be restarted immediately as this is causing great hardship to the villagers.
- LAND & COMMUNITY FOREST TITLES UNDER THE FOREST RIGHTS ACT: All IDP families should be treated as being in residence in their village for the relevant period prior to the passage of the Act. The identification of rights holders under the Forest Rights Act, 2006 must commence at the earliest, and the granting of pattas be completed in a time bound fashion. In addition, all existing forest rights (to minor forest produce, grazing, water bodies and so on) must be recorded under the procedures of the Forest Rights Act.
- DOCUMENTS: In the burning of houses, many people have lost all their identity documents, like pattas, ration cards, election cards etc. Replacement documents must be provided free of cost. Help from the census authorities, and election commission may be taken for this purpose.
- IMPLEMENTATION OF PESA: PESA should be implemented in all the villages, including the requirement of consent from the gram sabha on land acquisition and alienation, control over minor minerals etc.
IX. LEGAL AID FOR FAMILIES
In many cases, villagers have been arrested, including minors, and their families have no idea whether they are dead or in jail. Legal aid should be provided to all such detainees, and their families should be fully informed of their whereabouts. The High Level Committee can recommend the composition of a review committee to look into those arrested to see if juveniles and those marginally implicated can be considered for relief. Both administrative and judicial review committees are not unknown to law and have been used under laws like TADA and POTA. This has also been tried in Kashmir where periodic review committees have released persons to the supervision of the family and the community.
X. SPECIAL PACKAGE FOR CHILDREN
Rehabilitation of children in areas of conflict merits special attention as the needs of these children are specific and require intervention of a specialized nature. The following is a suggested package for children:
1. All government schemes for children must be fully implemented:
a. Nutrition: Mid day meals in the schools and feeding programmes of the ICDS must be made fully operational as per the Supreme Court guidelines. Children with severe malnutrition must be provided special dietary supplements at the anganwadi centres. Civil society groups working in this area could be engaged to assist.
b. Education: In addition to the restoration of primary schools mentioned above, there should be special residential bridge courses and hostels for children in clusters of panchayats, whose education has been disrupted by the conflict and who cannot be placed within the normal primary system.
c. Counselling services should be provided at these centres, for all children, but specially for trauma cases.
d. Health: Immunization services under ICDS to be made fully functional. It must be ensured that doctors and nurses attend on a regular basis not just for immunization drives, but also to do health check-ups of children. Links with schools could be established for this.
e. Children will also need special health interventions deriving from injury. These could include hospitalization, surgery or other interventions. Links with closest government hospitals must be provided to enable these children to avail of the required medical help.
2. Special rehabilitation for “minor combatants”. These children require a complete and separate rehabilitation package all on their own. Assistance from civil society groups must be enlisted to develop this package.
3. Special Community Interventions. Confidence building measures with the community could also be initiated including setting up of community based groups such as Bal Adhikar Suraksha Samitis, Community Grievance Redressal Cells, etc., These would function as forums for collectively dealing with issues and problems related to children at the level of the community. Linking them to the Panchayats and district level authorities would provide a mechanism for redressal and monitoring of their problems and restore confidence amongst the people.
For more details on restoring rights of children in areas of civil unrest, refer to NCPCR (2010)Report on “Protection of Children in Areas of Civil Unrest.”
XI. SPECIAL PACKAGE FOR WOMEN
- In order to address the rape and sexual violence faced by women, the procedures of the scheme for the relief and rehabilitation of rape victims prepared by the NCW on the orders of the Supreme Court can be followed for the registration of rape cases (see Annexure 6). This provides for psychological and medical aid, legal aid, witness protection, rehabilitation and employment. It also provides for monetary compensation.
- Where necessary, cases should be transferred out of the district if not out of the state, to avoid harassment.
- Relief to the household must be provided in the name of the women.
- Widows must be given special provisions, as per existing schemes.
XII. REPARATIONS TO THE COMMUNITY AND TO THE ADMINISTRATION: CONFIDENCE BUILDING MEASURES
The concept of reparations goes beyond economic compensation to include reparations to the system which has been damaged. Here, the damage is not just to individual families and villages, but includes damages to:
a.) the entire community system (breakdown of trust within villages),
b.) damages to the culture (local festivals have almost stopped, village markets and fairs are taken over by outsiders etc.)
c.) damages to the administrative machinery (the Gram Sabhas do not work, even though this is a 5th Schedule Area to be managed under Panchayat Extention to Scheduled Areas Act, 1996 (PESA)
d.) to the justice delivery mechanism (breakdown of normal procedures like registration of FIRs, investigation and prosecution)
In order for the community system to be rebuilt, the High level Monitoring Committee should work with the Sarva Samaj (umbrella body of different adivasi community associations like the Gond Samaj, Dhurwa Samaj etc.), to hold meetings to restore community relations within villages, and to effectively spread the message on rehabilitation and reparations.
Once the villages have been established again, slowly the cultural life of the village will come back. However, the Committee can encourage the pursuit of Gondi and other tribal languages, and tribal culture through the help of the Anthropological Survey of India, a branch of which is located in Jagdalpur. The Bhasha Institute headed by Prof. G N. Devy, and the Adivasi Academy in Tejgadh, Gujarat can also be asked to help in this.
Given damage to the administrative and justice delivery systems, the High level Monitoring committee will have to supervise the registration of FIRs and restoration of welfare services, till such time as the administration is ready to stand on its own feet again.
ANNEXURE I:
SUPREME COURT JUDGEMENTS
The Hon’ble Court has from time to time pronounced judgments which recognize that in cases of violations of human rights, where victims have suffered death, injury, sexual violence, displacement or loss to property, that rehabilitation, compensation and criminal prosecution must be embedded within a system of reparations, based on principles of international humanitarian law. The Court has also recognized the need to monitor the reparations, based on the principle of continuing mandamus.
Reparations within the framework of International Humanitarian Law: In the case of State of Gujarat v. Hon’ble Court of Gujarat, (1998) 7 SCC 392, the Hon’ble Supreme Court stated[16];
94. In recent years the right to reparation for victims for violations of human rights is gaining ground. The United Nations Commission of Human Rights has circulated draft Basic Principles and Guidelines on the Right to Reparation for Victims of Violation of Human Rights. (see Annexure)
99. …The victim is certainly entitled to reparation, restitution and safeguard of his rights. …An honor which is lost or life which is snuffed out cannot be recompensed but then monetary compensation will at least provide some solace.
100. Black’s Law Dictionary defines “reparation” as:
“payment for an injury or damage; redress for a wrong done.
101. Reparation is taken to mean the making of amends by an offender to his victim, or to the victims of crime generally, and may take the form of compensation, the performance of some service or the return of stolen property (restitution), these being types of reparation, which might be described as practical or material. The term can also be used to describe more intangible outcomes, as where an offender makes an apology to a victim and provides some re-assurance that the offence will not be repeated, thus repairing the psychological harm suffered by the victim as a result of the crime.
Victim oriented approach to compensation: The idea of a victim oriented approach to compensation was also stated in Kamala Devi v. NCT of Delhi, 114 (2004) DLT 57 where the Court relied on the 1985 General Assembly Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (General Assembly resolution 40/34 of 29 November 1985) and stated:
12. ..Compensation is payable irrespective of the criminal being apprehended or not and independent of the trial of the accused. It is payable by the State out of its funds without it being linked to the ability to pay of the offender.
14. The international norm in respect of justice to crime victims is embodied in the 1985 General Assembly Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (General Assembly resolution 40/34 of 29 November 1985). Paragraphs 12 and 13 of the Declaration relate to compensation and read as under:
''12. When compensation is not fully available from the offender or other sources, States should endeavor to provide financial compensation to:
(a) Victims who have sustained significant bodily injury or impairment of physical or mental health as a result of serious crimes;
(b) The family, in particular dependants of persons who have died or become physically or mentally incapacitated as a result of such victimization.
13. The establishment, strengthening and expansion of national funds for compensation to victims should be encouraged. Where appropriate, other funds may also be established for this purpose, including in those cases where the State of which the victim is a national is not in a position to compensate the victim for the harm.''
In the Guide for Policy Makers on the Implementation of Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power with regard to the aforesaid paragraph 12 it is stated as under:-
“…..Many jurisdictions have devoted special attention to informing victims about compensation programmes, preferably as soon as possible after the incident.''
Continuing Mandamus: The Hon’ble Court has also recognized, in a number of cases such as Bandhua Mukti Morcha versus Union of India (1984) 3 SCC 161, T.N. Godavarman v. Union of India (1998) SCC 672, Vineet Narain v. Union of India, (1998) 1 SCC 226, Paramjit Kaur v State of Punjab (1999) 2 SCC 131, Ranganathan v. Union of India (1999)6 SCC 26, Andhra Pradesh Pollution Control Board v M.V.Nayudu (1999) 2 SCC 718, that continuing mandamus is required to ensure effective implementation of its directions, especially in cases where prominent personalities are involved, or where the state has itself been involved in supporting violations of human rights.
In the matter of Paramjit Kaur vs. State of Punjab and Ors. (1999) 2 SCC 131, the Court directed the CBI to conduct an enquiry, and withdrew the investigation from the Punjab police “in order to instill confidence in the public mind and to do justice to the petitioner and his family”.
The NHRC was asked to resolve the claims for compensation, and in order for it do this, it was recognized that it would need an augmentation of staff for this purpose, including “some officers with judicial experience (call them enquiry-commissioners, claims commissioners, special-commissioner, or whatever)... These Claim-Commissioners may record and process the evidence, conduct enquiries under the directions of the Commission and recommend appropriate compensation subject to their final endorsement by the Commission. The Commission will need to create a separate wing or department, as it were, distinct from the normal staffing of the Commission, to deal with the requirements of this purpose. This work, as is clear, is not the work of the statutory Commission, in a strict sense, but the responsibility and concern of the body designated (selected) for this purpose by the Supreme Court. For all these matters, special administrative and financial allocations would require to be worked out with assistance of the State of Punjab and the Union of India. These are some of the future implications of the case and they will have to be borne in mind fully by the concerned Governments. "
In Ranganathan, v. Union of India (1999) 6 SCC 26 the Supreme Court directed the “constitution of an authority to inquire into and deal with the claim that arise in respect of the affected persons in the riots that took place between December, 1991 and January 1992 as an offshoot of the Cauvery Water Dispute between the State of Karnataka and Tamil Nadu. We have formulated a scheme for composition of the authority, the manner in which the claim applications have to be invited, received and dealt with.”
The Authority was to consist of 3 retired district judges, and the Hon’ble Court specified that “ The Authority shall function under the Orders of this Court passed from time to time”.
III CLAIM APPLICATIONS
9. The Authority will invite claims from the affected persons by issuing Public Notice in widely circulated newspapers in Karnataka and Tamil Nadu and by any other Media within one month from the date of its constitution.
10. The notice shall be published in English and other vernacular languages including Tamil and Kannada as may be necessary and decided by the Authority.
11. The format of the claim application shall be prescribed by the Authority and the Public Notice shall incorporate the said Format.
12. The notice shall also indicate that the intending claimants may submit their claims either in person or through Registered Post or through Legal Aid Services Committee or through their counsel.
13. The notice will also indicate the time within which the claims should be submitted in any case not exceeding 45 days from the date of last publication of the Notice.
IV THE PROCEDURE
14. The Authority shall lay down its own procedure for receipt enquiry and disposal of the claim applications. The Authority may engage assistance of such Agencies. Bodies, Persons as may be deemed necessary including the Police and other Governmental Agencies.
15. The Chairman of the Authority may assign such number of claims as he may deem necessary to individual members including himself for the scrutiny, enquiry, hearing and report. For this purpose, the individual members including the Chairman may hold sittings at such affected places singly according to the requirement of the situation.
16. The final decision of the Authority shall be taken by the Members sitting jointly on the basis of the report submitted by the individual members and other materials.
17. The Authority shall have all powers of the Civil Court in the matter of receipt of evidence examination of witnesses, summoning of witnesses, summoning of records and other materials as may be deemed necessary for the disposal of the claims.
18. The claimant shall have full right to participate in the disposal of his/her claim before the Authority in person or through the counsel or through the Legal Aid Services Committee. The State Government shall also assist the Authority.
19. The Authority will complete its work within 12 months from the date of its constitution and submit its report/recommendation together with all materials to this Court.
20. The report of the Authority as approved by this Court shall be complied within three months. The disbursement of compensation may be made as may be specified by this Court.
21. State of Tamil Nadu shall also invite claims with reference to persons affected in similar riots mentioned in Clause 7 that are alleged to have taken place in the State of Tamil Nadu within the time and deal with them in the manner as provided in this Scheme with reference to State of Karnataka.
22. The Authority or any party to these proceedings will be at liberty to approach this Court for appropriate order or further directions in case of any difficulty.
2. The State of Tamil Nadu and State of Karnataka shall make available a set of pleadings and other documents filed before this Court to the concerned Authorities which have to deal with the claims.
In Vineet Narain v. Union of India, (1998) 1 SCC 226, J.S. Verma, C.J. observed:
9. The sum and substance of these orders is that the CBI and other Governmental agencies had not carried out their public duty to investigate the offences disclosed; that none stands above the law so that an alleged offence by him is not required to be investigated; that we would monitor the investigations, in the sense that we would do what we permissibly could to see that the investigations progressed while yet ensuring that we did not direct or channel those investigations or in any other manner prejudice the right of those who might be accused to a full and fair trial. ..In short, the procedure adopted was of 'continuing mandamus'.
17. “Inertia was the common rule whenever the alleged offender was a powerful person. Thus, it became necessary to take measures to ensure permanency in the remedial effect to prevent reversion to inertia of the agencies in such matters.”
Annexure 2
The UN General Assembly Resolution on the ‘Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law’, 2006.
These principles which were referred to in their draft stage in State of Gujarat v. Hon’ble Court of Gujarat, (1998) 7 SCC 392, was passed on 21 March 2006. Under these Basic Principles, a victim is defined in the following manner: “For purposes of the present document, victims are persons who individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute gross violations of international human rights law, or serious violations of international humanitarian law. Where appropriate, and in accordance with domestic law, the term “victim” also includes the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization.” (para 8, page 5).
9. A person shall be considered a victim regardless of whether the perpetrator of the violation is identified, apprehended, prosecuted, or convicted and regardless of the familial relationship between the perpetrator and the victim.
The Victims’ Right to Remedies under Section VII (page 6) include:
(a) Equal and effective access to justice;
(b) Adequate, effective and prompt reparation for harm suffered;
(c) Access to relevant information concerning violations and reparation mechanisms.
Adequate, effective and prompt reparation in turn includes the following principles:
- Restitution
- Compensation
- Rehabilitation
- Satisfaction
- Guarantee of Non- repetition
1. Restitution should, whenever possible, restore the victim to the original situation before the gross violations of international human rights law or serious violations of international humanitarian law occurred. Restitution includes, as appropriate: restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return to one’s place of residence, restoration of employment and return of property.
2. Compensation should be provided for any economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case, resulting from gross violations of international human rights law and serious violations of international humanitarian law, such as:
(a) Physical or mental harm;
(b) Lost opportunities, including employment, education and social benefits;
(c) Material damages and loss of earnings, including loss of earning potential;
(d) Moral damage;
(e) Costs required for legal or expert assistance, medicine and medical services, and psychological and social services.
3. Rehabilitation should include medical and psychological care as well as legal and social services.
4. Satisfaction should include, where applicable, any or all of the following:
(a) Effective measures aimed at the cessation of continuing violations;
(b) Verification of the facts and full and public disclosure of the truth to the extent that such disclosure does not cause further harm or threaten the safety and interests of the victim, the victim’s relatives, witnesses, or persons who have intervened to assist the victim or prevent the occurrence of further violations;
(c) The search for the whereabouts of the disappeared, for the identities of the children abducted, and for the bodies of those killed, and assistance in the recovery, identification and reburial of the bodies in accordance with the expressed or presumed wish of the victims, or the cultural practices of the families and communities;
(d) An official declaration or a judicial decision restoring the dignity, the reputation and the rights of the victim and of persons closely connected with the victim;
(e) Public apology, including acknowledgement of the facts and acceptance of responsibility;
(f) Judicial and administrative sanctions against persons liable for the violations;
(g) Commemorations and tributes to the victims;
(h) Inclusion of an accurate account of the violations that occurred in international human rights law and international humanitarian law training and in educational material at all levels.
5. Guarantees of non-repetition should include, where applicable, any or all of the following measures, which will also contribute to prevention:
(a) Ensuring effective civilian control of military and security forces;
(b) Ensuring that all civilian and military proceedings abide by international standards of due process, fairness and impartiality;
(c) Strengthening the independence of the judiciary;
(d) Protecting persons in the legal, medical and health-care professions, the media and other related professions, and human rights defenders;
(e) Providing, on a priority and continued basis, human rights and international humanitarian law education to all sectors of society and training for law enforcement officials as well as military and security forces;
(f) Promoting the observance of codes of conduct and ethical norms, in particular international standards, by public servants, including law enforcement, correctional, media, medical, psychological, social service and military personnel, as well as by economic enterprises;
(g) Promoting mechanisms for preventing and monitoring social conflicts and their resolution;
(h) Reviewing and reforming laws contributing to or allowing gross violations of international human rights law and serious violations of international humanitarian law.
Annexure 3
NATIONAL REHABILITATION AND RESETTLEMENT POLICY, 2007
The National Rehabilitation and Resettlement Policy, 2007, is primarily focused on people displaced by large projects who are to be rehabilitated in new sites, though it includes “involuntary displacement of people due to any other reason”. The basic objectives of the policy are applicable here and include:
(a) To minimize displacement and to promote, as far as possible, non-displacing or least-displacing alternatives
(b) To ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of the affected families;
(c) To ensure that special care is taken for protecting the rights of the weaker sections of society, especially members of the Scheduled Castes and Scheduled Tribes, and to create obligations on the State for their treatment with concern and sensitivity;
(d) To provide a better standard of living, making concerted efforts for providing sustainable income to the affected families;
(e) To integrate rehabilitation concerns into the development planning and implementation process
Rehabilitation package: The Policy also provides a list of infrastructure that must be part of any rehabilitation package. These are the guiding principles which we have used when proposing the plan for rehabilitation of the affected villages in Dantewada. (See section on Village Level Infrastructure).
Annexure 4
NHRC’s Recommendations on Relief and Rehabilitation of Displaced Persons, 2008
In 2008, the NHRC made several recommendations on Relief and Rehabilitation. It noted that although the National Relief and Rehabilitation Policy 2007 refers to “involuntary displacement of people due to any other reason”, it does not account for conflict induced displacement and that a paramount concern in such “instances relating to displacement on account of conflicts, (is) what assurances would displaced persons require in order to go back?... There is a need for a larger vision, which emphasizes the “prevention” aspect of displacement on account of conflict, natural or human-made disasters.” The NHRC explicitly mandated “Full compliance with ILO Convention 107, and other international human rights instrument relevant to displacement, relief and rehabilitation to which India is party”, including the UN Guidelines on Internally Displaced Persons, which are included as Annexure IV in the NHRC report.
III. NHRC Recommendations on displacement on account of natural and man-made disasters including conflicts
27. The Rehabilitation and Resettlement Bill, 2007 must explicitly cover persons displaced due to violence as also due to natural or other manmade disasters. The NRRP as well as the R&R Bill, 2007 have to be comprehensive. ..
28. …In instances relating to displacement on account of conflicts, there is a need to focus on what assurances would displaced persons require in order to repatriate to
former place of residence voluntarily?
29. People displaced on account of conflicts or natural disasters should be able to return to their former places of residence voluntarily in safety and dignity. Authorities should ensure that their property is protected against destruction and arbitrary and illegal appropriation when they are displaced. When they return to their places of habitual residence, they shall not be discriminated against. Authorities shall assist the returnees to recover, to the extent possible, their property that they left behind or were dispossessed of upon their displacement. Where it is not possible to recover property and possession, then authorities shall be responsible for providing just reparation to them.
30. Temporary Settlement should not be long drawn and there should be a time frame for the completion of relief and resettlement of people displaced on account of conflict and natural disasters.
31. In the case of conflict, natural or human-made disasters, there is a need for a larger vision, which emphasizes the “prevention” aspect of displacement.
32. The Central Relief Fund (CRF) should be renamed as Central Relief and Rehabilitation Fund (CRRF) and funds should be set aside for rehabilitation of displaced individuals.
33. All affected and displaced persons have the right to security for their physical well being and their property. Security agencies functioning under the administrative control of the States / Central Government must be geared towards preventing looting and other anti-social activities, and instilling a sense of security amongst the affected and displaced
34. All affected and displaced persons have the right to immediate humanitarian assistance. In particular, they have right to food, shelter, healthcare (including mental health care) and education. To ensure smooth rescue, relief and rehabilitation, lists of persons dead or missing as also property damaged fully or partially etc should be prepared in a transparent manner at the earliest and authenticated by appropriate
authority. Such lists should be given wide publicity so that people can easily have access to the same. Special attention should be given to the vulnerable groups, e.g. disabled persons, women, children and elderly in this regard.
35. All affected persons have right to information about their missing relatives, friends, colleagues etc. Authorities concerned should put in place appropriate arrangements to collect information about missing persons and keep their kin/relatives informed about progress in the matter. Similar efforts should be made and arrangements put in place
about identification of dead and dissemination of information about them, and handing over their mortal remains to their kin after following all procedures. Till then, the mortal remains shall be preserved properly. If the dead are not identified within reasonable time, their last rites may be performed after obtaining appropriate orders and with full respect for dignity as per customs of religion to which she/he is believed to belong based on prima facie evidence.
36. The concerned authorities after reasonable verification shall issue to affected and displaced persons all documents necessary for the enjoyment and exercise of their legal rights, such as passports, personal identification documents, birth certificates, death certificates and marriage certificates. Any lack of access to such legal documents or not having such legal documents shall not disentitle them for recompense.
Annexure 5:
UN Guiding Principles on Internally Displaced Persons, 1998
The UN Guiding Principles on Internally Displaced Persons, 1998 (“Principles”) define them: “internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or humanmade disasters, and who have not crossed an internationally recognized State border.”
The Principles identify the rights and guarantees relevant to the protection of the internally displaced in all phases of displacement. They provide protection against arbitrary displacement, offer a basis for protection and assistance during displacement, and set forth guarantees for safe return, resettlement and reintegration. Although they do not constitute a legally binding instrument, they guide the conduct of States. These Principles reflect and are consistent with international human rights and humanitarian law and analogous refugee law.
Some of the relevant principles are:
Principles 10 & 11, which protects all IDPs against murder, enforced disappearances, including unacknowledged detention, threats to life, starvation as a method of combat, rape, torture, sexual exploitation etc.
Principle 12 notes that IDPs shall not be “interned in or confined to a camp. If in exceptional circumstances such internment or confinement is absolutely necessary, it shall not last longer than required by the circumstances.” Principle 14 states that “ Every internally displaced person has the right to liberty of movement and freedom to choose his or her residence. In particular, internally displaced persons have the right to move freely in and out of camps or other settlements.”
Principle 16 covers the “the right to know the fate and whereabouts of missing relatives. The authorities concerned shall endeavour to establish the fate and whereabouts of internally displaced persons reported missing, and cooperate with relevant international organizations engaged in this task. They shall inform the next of kin on the progress of the investigation and notify them of any result.” It also covers the return of mortal remains to the relatives. Principle 17 deals with the right of families to be reunited.
Principle 18 deals with the right to an adequate standard of living: “At the minimum, regardless of the circumstances, and without discrimination, competent authorities shall provide internally displaced persons with and ensure safe access to: (a) Essential food and potable water; (b) Basic shelter and housing; (c) Appropriate clothing; and (d) Essential medical services and sanitation. 3. Special efforts should be made to ensure the full participation of women in the planning and distribution of these basic supplies.”
Principle 19 provides for health facilities, including psychological and social services, with special attention to the needs of women, especially victims of sexual abuses, Principle 20 provides for documentation, Principle 23 provides for education.
Principle 29: “Competent authorities have the duty and responsibility to assist returned and/or resettled internally displaced persons to recover, to the extent possible, their property and possessions which they left behind or were dispossessed of upon their displacement. When recovery of such property and possessions is not possible, competent authorities shall provide or assist these persons in obtaining appropriate compensation or another form of just reparation.”
Principle 30: “All authorities concerned shall grant and facilitate for international humanitarian organizations and other appropriate actors, in the exercise of their respective mandates, rapid and unimpeded access to internally displaced persons to assist in their return or resettlement and reintegration.”
ANNEXURE 6:
SCHEME FOR RELIEF AND REHABILITATION OF VICTIMS OF RAPE, 2005 (PREPARED BY THE NATIONAL COMMISSION FOR WOMEN ON THE DIRECTIONS OF THE SUPREME COURT)
Since the setting up a district monitoring committee under the scheme is not operational, a high level committee may operate with respect to the same principles as outlined here, and devise its own mechanisms for verification. Since registration of FIRs is at issue, and medical examination is not possible given that some of the rapes are old (2005-2010) that cannot be made a pre-condition for grant of compensation in this conflict situation. The Supreme Court has repeatedly said that the word of the victim must be taken seriously in a rape case.
The District Monitoring committee shall perform the following functions;
(a) To arrange for psychological and medical aid and counseling to the victim.
(b) To arrange for legal aid to the victim in filing the FIR till the conclusion of the trial;
(c) To initiate suitable measures to ensure the protection of the victim and witnesses till the conclusion of the trial.
(d) Monitor and expedite the progress of the investigation.
(e) To aid and assist in opposing bails, filing appeals and making application for protection of the victim.
(f) In cases of young victims, to see that they receive education or professional training or training for self-employment.
(g) To assist them in securing employment.
(h) To provide the required psychiatric treatment/counseling
(j). To facilitate the victims’ rehabilitation.
(k) Initiate action so as to ensure Anonymity of the victims.
(l) Ensure that Interrogations of the victim be conducted by female police officers. During all stages of interrogation and examination of the victim or the applicant, at least one member of the DMC is present.
(m) To arrange shelter to the victim, for such period as the circumstances warrant.
(n) and such other functions as may be deemed expedient and necessary by the committee given the peculiar facts and circumstances of each case;
11. PROCEDURE FOR TRANSACTION OF BUSINESS BY THE
DISTRICT BOARD (CIRRB):
(a) A victim, or her legal heir or any person/voluntary organization espousing the cause of women, or DMC may apply to the District Board for financial relief and rehabilitation in accordance with the provisions of this Scheme.
(b) Where the legal heir is:—
(i) A child, the application may be made on his behalf by a parent or guardian or by any voluntary organization.
(ii) A mentally ill person within the meaning of the Mental Health Act, the Application may be made by the person with whom the victim normally resides or a duly
authorized medical officer or a voluntary organization; or by a parent/guardian.
The scheme envisages a compensation of Rs. 2 lakh as well as any other rehabilitative measures.
[1] Section VII (page 6) of the UN Basic Principles and Guidelines on the Right to a Remedy and Reparations’, 2006
[3] NHRC 2008, UN Guidelines 2006, 1998
[4] Kamala Devi v. NCT of Delhi 114 (2004) DLT 57, State of Gujarat v. Hon’ble Court of Gujarat (1998), 7 SCC 392
[6] NHRC 2008, UN Guidelines 2006, 1998
[7] National R & R Policy 2007, UN Guidelines 2006, 1998
[8] Ranganathan v. Union of India (1999) 6 SCC 26; NHRC 2008, UN Guidelines 1998.
[9] Bandhua Mukti Morcha v Union of India (1984) 3 SCC 161, T.N. Godavarman v. Union of India (1998) SCC 672, Vineet Narain v. Union of India, (1998) 1 SCC 226, Paramjit Kaur v State of Punjab (1999) 2 SCC 131, Ranganathan v. Union of India (1999)6 SCC 26, Andhra Pradesh Pollution Control Board v M.V.Nayudu (1999) 2 SCC 718.
[10] NHRC 2008 recommendations on National R &R 2007 calling for a Central Relief and Rehabilitation Fund.
[11] WP 250/2007, Annexure 15, Page 271,
[12] WP 250/2007, Annexure 15, Page 271
[13] These cases include Bandhua Mukti Morcha v Union of India (1984) 3 SCC 161, T.N. Godavarman v. Union of India (1998) SCC 672, Paramjit Kaur v State of Punjab (1999) 2 SCC 131, Andhra Pradesh Pollution Control Board v M.V.Nayudu (1999) 2 SCC 718, and Vineet Narain v. Union of India, (1998) 1 SCC 226).
[14] WP 250/2007, affidavit dated October 2008, Annexures P/47, P/48
[15] Aman Sethi, “In Chhattisgarh, jail is the cost of filing a public interest litigation plea”, The Hindu, January 17, 2010
[16] Approved and cited in cases of custodial violence in Ashwani Gupta v. NCT of Delhi, 117 (2005) DLT 112 : Kamala Devi v. NCT of Delhi, 114 (2004) DLT 57.
