This time the government counsel also told the court that an “adequate mechanism” existed for dealing with people’s grievances and, therefore, the government had decided “there is no need to set up a separate state human rights commission.”

The previous government of Om Prakash Chautala, too, had refused to set up such a commission. It is learnt that when Chautala was advised by senior officials to agree to the formation of a rights commission, he said no.

But critical observations from the high court may force the current Congress government to do a rethink. A division bench headed by Chief Justice Vijender Kumar Jain has asked the state to “place on record an affidavit as to what is the meaning of adequate mechanism to deal with the grievance of the people.”

The bench observed in its order that “although, it is the domain of the state to say that for certain reasons at a particular stage, it is not in a position to have a state human rights commission, but to say that there is an adequate mechanism available to deal with the grievances of the people under the existing administrative hierarchy is against the spirit of the international treaties and covenants, which stress upon the protection of the human rights.”

It also noted that “in our considered opinion, the mechanism involving the officials and other persons who are associated with the administration of the state, may not provide a sound system for redressal of grievances of citizens of that state.”

... contd.