The Manipur government has failed to submit an action taken report for withdrawing the “Disturbed Area” status from the state.
The Manipur Human Rights Commission (MHRC) had asked the state government to withdraw the ‘Disturbed Area’ status from the entire state in August, 2021 citing various human rights violations on the ground. However, it appears that the state government has failed to submit the report.
The MHRC, has on Wednesday, has called for submitting the action taken report to the chief secretary, government of Manipur and special secretary, government of Manipur and Director General of Manipur, within December 27, under Section 18 (e) of the Protection of human rights act.
The commission on August 2, 2021, had recommended the state government of Manipur to do the needful at the earliest for the withdrawal or lifting or de-notification of the “Disturbed Area” status from the state.
The recommendation of the commission was sent to the chief secretary, government of Manipur, Director General of Police, Manipur and special secretary (Home), Government of Manipur respectively asking them to submit action taken report within three months on the receipt of the recommended order of the commission.
The commission stated that the commission is constrained to state that neither an action taken report nor any communication has been received from any of the chief secretary, government of Manipur, the Director-General of Police, Manipur, and the special secretary (Home), government of Manipur.
The commission, on proceeding statement, stated that under section 18(e) of the Protection of Human Rights Act, 1993, the commission should send copy of the inquiry report together with its recommendations to the concerned government or authority and the concerned government or authority should, within a period of one month, or such further time as the commission may allow, toward its comments on the report, including the action taken or proposed to be taken thereon, to the Commission.
The commission also feels that the commission’s decisions are binding and enforceable by the state government and authority, opined the MHRC.
The commission has highlighted the judgment of the High Court of Judicature at Allahabad on upholding the view that due regard should be paid by the state governments to the recommendations made by the commission, has observed that the commission is not merely a body which is to render opinions which will have no sanctity or efficacy in enforcement cannot be accepted. This is evident from the provisions of clause (b) Section 18 under which the commission is entitled to approach the Supreme Court or the High Court for such directions, orders, or writs as the Court may deem fit and necessary. Governed as we are by the rule of law and by the fundamental norms of the protection of life and liberty and human dignity under a constitutional order..A construction that will produce that the result cannot be adopted and must be rejected.
The commission also takes reference from other states' high court judgments in the proceeding.
The commission recommended that the state government should invariably do the needful at the earliest for withdrawal or lifting or de-notification of the disturbed area status under AFSPA from Manipur.
It may be mentioned that the development was the result of a PIL filed by one Th Suresh, chairman of Forensic Study and Placement. The complainant had approached the commission recommending the lifting of AFSPA by way of revocation of the ‘disturbed area’ status from the state.
