Toothless tiger. Now, a dead horse. If the Jammu & Kashmir state government wishes to make good on its promise to strengthen the J & K State Human Rights Commission (SHRC), it is going to have to take note of these sombre – but apt – metaphors. SHRC chairperson Justice A M Mir was recently quoted as saying that, as far as the implementation of the SHRC's recommendations was concerned, he was effectively "whipping a dead horse." With continued governmental meddling in the SHRC's affairs, Justice Mir recalled that an earlier chairman had called the Commission a 'toothless tiger' and that now "we have lost the tail as well."
If a 'healing touch' is what the state government of Mufti Mohammad Sayeed intended for the people of Jammu & Kashmir when it took over in November 2002, then empowering the SHRC should have been one of the first steps in that direction. Indeed, the Common Minimum Programme of the J & K state government – composed of the Congress Party and the People's Democratic Party – lists the strengthening of the SHRC as one of its key objectives. On the contrary, as Justice Mir publicly affirmed, the SHRC has seen a rapid decline in its credibility.
The United Nations principles regulating national human rights institutions, known as the 'Paris Principles', require that the entities be provided with "an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding." The purpose of this funding should be to enable it to have its own staff and premises, "in order to be independent of the Government and not be subject to financial control which might affect its independence." The infrastructure and resources provided to the J & K SHRC, however, are in no way "suited to the smooth conduct of its activities".
Take building and infrastructure. Although the SHRC is handling an increasing number of complaints, it is still operating out of a half-completed office building that has already fallen into disrepair. Although part of the SHRC's intended Srinagar headquarters was completed in 2001, work has subsequently slowed almost to a halt. In the meantime, the SHRC has been stranded in expensive rented premises – paying INR 46,500 a month for a space that is sufficient neither for the Commission's purposes nor its status. On the other hand, in order to tackle the increasing caseload, in early-2004 Justice Mir had tried to open an additional office in Jammu; when no office was provided, he was forced to operate instead from his residence.