Uttar Pradesh has Highest Number of Cases “Closed by the NHRC Without Reason”: NHRC Data

It was on March 14, 2023, during the ongoing Budget Session of the Parliament, Lok Sabha member Shri P Ravindhranath (AIADMK) raised questions on the total number of violations of human rights that have been taken into cognizance as suo-moto and the number of complaints received and disposed by the National Human Rights Commission (NHRC). The Lok Sabha member also asked for the state-wise details of the amount of compensation paid on the recommendations made by the NHRC, and the total number of cases in which the Union and the State Governments have accepted the recommendations of NHRC. While the state-wise data for the same was provided by the NHRC for the last three years, the data does not provide any insight into the actions taken by the NHRC in cases where the government refused to comply the NHRC recommendations or the actions taken by the government on incidents where reports of non-disbursement of such compensation to the victims.

Shri Nityanand Rai, the Minister of State in the Ministry of Home Affairs, responded to the said question by providing the Lok Sabha the date for the last three years. From the state-wise data provided, which has been simplified and analysed below, it was observed that the number of cases where the NHRC had closed cases without recording any reason and without any proof of payment was not provided were consistently highest in the State of Uttar Pradesh since the last 3 years. Even though there has been an increase in the said number over the years, 27 such cases in 2022-23 in comparison to 44 in year 2021-22 and 118 in the year 2020-21, the state has reported the highest number of such incidents. No information has been provided upon the kind of cases that have been registered or taken suo-moto cognizance of by the NHRC.

According to the data provided, the number of cases that NHRC took suo moto cognizance in the duration of 2022-2023 (till February 28, 2023) are 77, which is a significant increase from the year before, during 2021-2022, when only 16 such cases were taken cognizance of by them. During the period of 2020-2021, 41 cases were filed by them, while during 2019-2020, the number of cases that they took suo-moto cognizance of was 64.

As per the data provided by the NHRC, in the period between April 1, 2022 to February 28, 2023, 97,788 cases were registered with the NHRC, out of which 91,196 cases were disposed of and 6.592 remain pending. During the period of 2021- 2022, out of the 1,11,082 total cases registered, 1,07,823 cases were disposed and 3,259 remained pending. In 2020- 2021, a total of 74,968 cases were registered by the NHRC, out of which 73,210 were disposed of and 1,558 remained pending. For the year 2019-2020, 76,628 cases were registered, and 75,999 were disposed of. It is to be noted that no details as to how these cases were disposed of, whether there were acquittals or convictions or any other decision was reached, have been provided.

Furthermore, the NHRC also provided the state/UT-wise data on the cases dealt by them. The information provided by them includes the data on no. of cases in which the Union and the State Governments have accepted the recommendations of NHRC, the amount of compensation paid on the recommendations made by the NHRC, number of cases in which the recommendations made by the NHRC are pending/ refused by the Government/ recommendations withdrawn by the NHRC/ challenged by the Government in the Courts etc., from the year 2019 to 2023.

1. Year 2022-23

This table provides the data during April 1, 2022 to February 28, 2023. As can be deduced from the table above, highest number of cases have been closed in the state of Uttar Pradesh, 44 in number, followed by the state of Odisha, Delhi and Bihar, with 17 cases being closed in all these states. It is notable that Uttar Pradesh is also a state that records the highest number of cases being closed without recording of reasons and without any proof of payment. As per the data provided, in the state of Uttar Pradesh, 27 cases were closed without any reasons, followed by Jharkhand (11) and Odisha (10). In totality, 113 cases were closed without any reason and the proof of payment was not received, while only 184 cases were closed and proof of payment was received.

In the states of Assam, Delhi and Jharkhand, one case each was recorded where the case was closed but compliance/ proof of payment (POP) remained pending. In 3 cases, in the state of Manipur, Punjab and Tamil Nadu, the case was closed as the State/Central Government refused to comply with the recommendations or due to refusal by the recipient.

2. Year 2021-2022

This table provides the data during April 1, 2021 to March 31, 2022. As can be deduced from the table above, highest number of cases that were closed were in the state of Uttar Pradesh, 42 in number, which was closely followed by the state of Odisha (34). Again, Uttar Pradesh was also the state that recorded the highest number of cases being closed without recording of reasons and without any proof of payment. As per the data provided, in the state of Uttar Pradesh, 21 cases were closed without any reasons, followed by Chandigarh (18) and Odisha (9). In totality, 103 cases were closed without any reason and the proof of payment was not received, while only 199 cases were closed and proof of payment was received.

Nineteen such cases were recorded where the case was closed but compliance/ proof of payment (POP) remained pending, highest being reported from Uttar Pradesh (11). In 2 cases, in the state of Odisha and Haryana, the case was closed as the State/Central Government refused to comply with the recommendations or due to refusal by the recipient.

3. Year 2020-2021

This table provides the data during April 1, 2020 to March 31, 2021. As per the information provided, a total of 299 cases were closed, with reasons and proof of payment in the said year. The highest number of cases that were closed were in the state of Uttar Pradesh, 118 in number, which was followed by the states of Odisha (41) and Madhya Pradesh (18). Again, Uttar Pradesh was also the state that recorded the highest number of cases being closed without recording of reasons and without any proof of payment. Out of the total 270 cases that were closed without any proof or reason, the state of Uttar Pradesh accounted for 107 of them. Following this, 24 cases were closed without any reasons in the state of Bihar. 

104 such cases were recorded in the said year wherein the case was closed but compliance/ proof of payment (POP) remained pending, highest of which were reported from Uttar Pradesh (37). In 17 cases, highest reported from the states of Uttar Pradesh and Delhi, the data provided that the cases was closed as the State/Central Government refused to comply with the recommendations or due to refusal by the recipient.

4. Year 2019-2020

This table provides the data during April 1, 2019 to March 31, 2020. As per the information provided, a total of 142 cases were closed, with reasons and proof of payment in the said year. The highest number of cases that were closed were in the state of Uttar Pradesh, 47 in number, which was followed by the states of Odisha (21) and Chhattisgarh (9). Again, Uttar Pradesh was also the state that recorded the highest number of cases being closed without recording of reasons and without any proof of payment. Out of the total 493 cases that were closed without any proof or reason, the state of Uttar Pradesh accounted for 170 of them. Following this, 39 cases were closed without any reasons in the state of Odisha and 36 in Delhi. 

61 such cases were recorded in the said year wherein the case was closed but compliance/ proof of payment (POP) remained pending, highest of which were reported from Uttar Pradesh (13). In 3 cases, reported from the states of Tamil Nadu, Punjab and Delhi, the data provided that the cases was closed as the State/Central Government refused to comply with the recommendations or due to refusal by the recipient.

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