SC flak for NHRC interference in Human Rights violation of murder convict

The Supreme Court has strongly disapproved of the action of the National Human Rights Commission (NHRC) in the name of so-called violation of human rights of a man convicted for murder in Assam.

The apex court disapproval was expressed in a case where the Assam Governor had commuted to life imprisonment the death sentence of a man convicted for murder.

The Assam Cabinet in 2002 had asked the then Governor of Assam, Lt Gen (Retd) Srinivas Kumar Sinha to commute the death sentence of Rajnath Chauhan alias Ramdeo Chauhan, a man convicted for murder to life imprisonment on the interference of NHRC.

The death sentence of Rajnath Chauhan was confirmed both by the Gauhati High Court as well as by the apex court.

A bench comprising Justices Arijit Pasayat and A K Ganguly put a pertinent question to the NHRC, ‘who has violated the human rights of Chauhan?’ The apex court, while setting aside the order of the Governor, yesterday noted, ‘The recommendation of NHRC is without sanction of law.

‘The proceedings initiated by the apex Human Rights body were not in line with the procedure prescribed in the NHRC Act. That being so, the recommendation, if any, by the NHRC are non est.’ The decision of the Governor was challenged in the apex court by the family members of the victim.

The apex court directed the state Governor to reconsider his decision in the light of an earlier judgment of the Supreme Court relating to exercise of constitutional power on clemency.

The Court, in its earlier judgment had laid down that arbitrary and illegal use of power of clemency either by a state Governor or by the President is subject to judicial review.

The court termed the response of the NHRC, as evasive, which had said, ‘when any action violated the human rights, there can be violation of the human rights,’ The apex court concluded by holding, ‘such a situation is not conceivable and the cause of the alleged violation of the human rights was the Supreme Court judgment awarding him death penalty.’ The apex court also pulled up the NHRC for unnecessarily interfering in the judicial sentencing system by making uncalled for recommendations to the Assam Governor.

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Legal battle for an open-air traditional Hindu cremation in Britain

The British Royal Courts of Justice will consider a legal challenge from a 70-year-old Hindu today that would allow him to have an open-air cremation when he dies.

TheCourt will hear a case brought by Davender Kumar Ghai, founder of the Anglo-Asian Friendship Society, who wants the law changed to allow traditional Hindu funeral pyres in Britain.

Newcastle City Council has refused him a permit him to be cremated in line with Hindu ritual, arguing that a pyre outside a crematorium is prohibited by the 1902 Cremation Act.

Although there have been Hindu cremations in the the past in Britain, in recent years the authorities have become stricter about enforcing the rules. There are more than 600,000 Hindus in Britain and many families pay thousands of pounds to fly the bodies of their loved ones to India for a traditional cremation.

Three years ago the Crown Prosecution Service decided not to prosecute after Mr Ghai organised a funeral pyre in Northumberland for Rajpal Mehat, 31, from India.

Hindus believe that cremation is essential to free the soul from the body after death. The dead person's oldest son is usually expected to light the fire. Monks and children, having no children of their own, are sometimes buried instead of cremated. The pyre must take place at a site on which the sun shines directly at noon and which is close to running water.

Mr Ghai's lawyer, Andrew Singh Bogan, said a successful challenge would create a precedent for all local authorities to grant open-air funeral pyres if there was demand in their area. His legal team will argue at a three-day hearing before Mr Justice Cranston that the law does not prohibit a religious cremation outside a crematorium.

Mr Ghai, whose health is declining, said: "I have lived my entire life by the Hindu scriptures. I now yearn to die by them and I do not believe that natural cremation grounds – as long as they were discreet, designated sites far from urban and residential areas – would offend public decency.

"My loyalty is to Britain's values of fairness, tolerance and freedom. If I cannot die as a true Hindu, it will mean those values have died too."

At an earlier hearing in 2007, Justice Andrew Collins said that the judicial review was of considerable importance and a full hearing in the High Court was in the public interest.

A spokesman for the British Ministry of Justice said: "There are inevitably competing views on the appropriate arrangements for disposing of bodies stemming from different views about religion, morals and decency.

"The current law requires that cremations must take place in a crematorium and open-air funeral pyres are not allowed. The Government considers that this requirement is justified, taking into account the complex social and political issues raised."

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INQUIRY COMMITTEE FOR KEM HOSPITAL RAGGING CHARGES

KEM Hospital authorities have taken a serious view of an intern’s threat to kill himself because of harassment by senior doctors in the light of  two disturbing cases of ragging hitting the headlines recently,

The hospital’s dean has appointed a four-member committee of doctors to probe the matter. Gunwant Jadhal, who alleged harassment, is an intern in the hospital’s paediatrics department. He named  senior resident doctors of the department in his complaint letter to the dean. “The doctors threatened that I won’t get a chance to complete my internship. They are torturing me.”

Hospital dean Dr Sandy Oak, however, denied receiving any letter. He said the case cannot be ‘ragging’ as Jadhal is no longer a student. “There may be minor clashes between resident doctors,” said Oak. “We came to know of the incident from the media. We looked for Jadhal, but he was not traceable. We filed a missing complaint at Bhoiwada police station.


But he later contacted us. We have appointed a four-member committee under the deputy dean to probe the matter,” Oak said. Deputy dean Dr N D Bhosale said, “We are still recording the statement of the doctors.”

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