Justice K.G. Balakrishnan, National Human Rights Commission of India
Dharmadeva
Justice K.G. Balakrishnan, National Human Rights Commission of India
Justice K.G. Balakrishnan
Starting from humble beginnings before progressing to the very top of India’s judiciary, the new Chairperson of the National Human Rights Commission (NHRC) has never lost sight of the basic issues that affect people’s lives and opportunities.
“Poverty is the greatest violation of human rights,” says Justice K.G. Balakrishnan. “At least a third of people in India do not have access to justice, access to education or access to health care.”
“To take steps to alleviate poverty, to provide education for children and to educate communities in securing their rights, these are the issues that we must take genuine steps to address.”
Born into a poor Dalit family in the Kottayam district of Kerala, in the country’s south, Justice Balakrishnan has a first-hand understanding of the challenges faced by many in India.
He would walk five kilometres every day to attend the local government school and, despite the obstacles, held firm to his dream of a career in the law.
“My father was a clerk in the Kerala judicial services and throughout my childhood, I remember being around the courts and seeing the judges. I think that was what initially induced me to join the legal profession,” he recalls.
Starting as an advocate in the Kerala Bar Council in 1968, Justice Balakrishnan quickly rose through the judicial ranks: as judge of the Kerala High Court and then the Gujarat High Court, followed by appointments as Chief Justice of Gujarat High Court and Chief Justice of the High Court of Judicature at Madras.
In 2000, he was elevated to the Supreme Court of India and, seven years later, he was appointed Chief Justice.
During his time on the bench, Justice Balakrishnan nominates improving access to education as one of the key areas where he was able to help bring about far-reaching change.
“Before the compulsory education bill had been passed by Parliament, there was a very large drop-out rate from schools. In some states it was around fifty to sixty per cent,” he says.
“So the Supreme Court’s decision to make the midday meal programme compulsory in schools helped millions of poor children to continue on with their studies, rather than just leaving after a few years of education.”
Goals
In June this year, following his retirement from the Supreme Court, Justice Balakrishnan was appointed to lead the NHRC.
He says that responding to the large volume of complaints of human rights violations – which last year numbered 85,000 – will continue to be a key priority of the organisation.
“Most complaints relate to the actions of police, such as custodial violence or when someone dies in custody. In these instances, we take immediate action, we investigate the matter and we provide directions,” he says.
However, he also intends to expand the NHRC’s activities in order to address a range of broader human rights issues.
“I feel it is crucial that we deal with the larger problems, such as the right to health and education, as well as other very serious concerns, such as bonded labour, human scavenging, infanticide of the girl child and honour killings.
“To do this, the NHRC draws upon some of the best people to act as rapporteurs. They go out to the villages and other areas to study in detail the issues that people face. And, of course, NGOs can also help us a lot and be partners in our work.”
Justice Balakrishnan acknowledges that, following many years as a senior judge, bringing about change in his current role will require a different approach.
“The Supreme Court of India has vast powers and, through the number of lives it can affect, it is one of the most powerful courts in the world. Many social rights are enforced through the court,” he says.
“Obviously, the National Human Rights Commission doesn’t have anywhere near that sort of influence. So we need to work much more strategically, through educating people and groups and by persuading the government to take action where it is needed.”
“This is quite a different way of working and one that I will have to adjust to,” he adds with a laugh.
Cooperation
Cooperating with other national human rights institutions in the Asia Pacific also helps inform the work of the NHRC.
“Listening to the views and experiences of people from Thailand, Afghanistan, Nepal and so many other countries in the region is very illuminating,” says Justice Balakrishnan.
“Many of the problems we face are the same and so we are very happy to learn how NHRIs from different countries meet these challenges.”
He believes that the Asia Pacific Forum, of which the NHRC was a founding member, continues to play a vital role in facilitating this regular exchange of ideas.
“The APF is the leading forum in this area of work. We benefit a great deal from being a member and we are very pleased to continue our cooperation with other national institutions through the APF.”