Public Administration Mains 2018 : Model Question and Answer - 60
Public Administration Mains 2018 : Model Question and Answer
(Public Administration Paper II / Chapter: Significant Issues in Indian Administration)
(Current Based)
Question: Discuss the State Human Rights Commission concern over armed forces in
Jammu and Kashmir. (15 Marks/225 Words)
Model Answer :
The Jammu & Kashmir Human Rights Commission is an autonomous state body with quasi-judicial powers tasked to investigate any violation of human rights in the northern state of Jammu & Kashmir in India. The State Human Rights Commission, in theory, has the same powers as the National Human Rights Commission (NHRC).
The international human rights and humanitarian law community has been concerned by the complete immunity and impunity enjoyed by the Indian armed forces in Kashmir. The failure to comply with the SHRC order has major political implications for public perception.
If the promise of the Fundamental Rights chapter of the Indian Constitution has to have any meaning for the average Kashmiri, the state government in addition to complying with the SHRC, and Section 3 of the Geneva Conventions Act, 1960, in addition to those already filed.
The Army top brass could have taken salutary action under several sections of
the Army Act. For example, Section 50 of the Army Act, 1950 relates specifically
to, “Irregularity in connection with arrest or confinement…”
The Jammu and Kashmir State Human Rights Commission (SHRC) on directed the state
government to provide Rs 10 lakh as "compensation" to Farooq Ahmad Dar,
allegedly used as a human shield by the Army. However, the SHRC refused to
direct the Army in the case saying "it doesn't have jurisdiction." (Total Words-
222)
Valuable inputs from The Indian Express Column titled ‘Has Army ignored NHRC on
Farooq Dar Order?’ by Ravi Nair
(Linkages: SHRC and Armed Forces, SHRC and Indian Constitution, SHRC and State Government)