Human Rights Commission In India

Introduction:
The Expression "Human Rights" denotes all those rights which are inherent in our very
nature and without which we cannot live as Human Beings. These are inalienable rights which
belong equally to the all the members of the Human family and, as such should be protected by the
Rule of Law.
For the enforcement of the Human Rights, number of special bodies have been established in
accordance with International Conventions dealing with particular aspects of human rights. These
various bodies pay their full time and attention to regulate the enforcement of the provisions of all
these conventions. It includes Human Rights Committee, the committee on economic, social and
cultural rights, the committee on the elimination of racial discrimination, the committee on the
elimination of discrimination against women, the committee against torture and committee on the
right of the child.
These bodies, in general, supervise the enforcement of the relevant International human
rights conventions. They receive information from all reliable sources including reports from States,
International and non-governmental organizations and communications made to them by the victim
of violations of human rights. These bodies review the information and take appropriate actions to
meet the situation.

The enforcement mechanism available in India for the Protection of Human Rights

In India, the Parliament has enacted the Protection of Human Rights Act, 1993 for the
Constitution of National Human Rights Commission, State Human Rights Commissions in States and
Human Rights Courts for protection of Human Rights and matters related to Human Rights Violation.
National Human Rights Commission:

Protection of Human Rights Act National Commission on Human Rights was set up in India
on 27 September 1993 when the President of India Promulgated an Ordinance. Provisions for the
setting up of similar Commissions at State level were also made in the Ordinance. Later, The Lok
Sabha passed the Protection of Human Rights Bill on 18 December 1993 to replace
Presidential Ordinance. After the assent of President of India on 8 January 1994 which is known as
the Protection of the Human Rights Act. The purpose of the Act was to provide for the constitution
of a National Human Rights Commission in State and Human Rights Courts for better protection of
Human Rights and for matters connected therewith.

Constitution:

The Commission shall consist of:

(a) A Chairperson who has been a Chief Justice of the Supreme Court;
(b) One Member who is or has been, a Judge of the Supreme Court;
(c) One Member who is, or has been, the Chief Justice of a High Court;
(d) two Members to be appointed from amongst persons having knowledge of, or practical
experience in, matters relating to human rights and the Chairpersons of the National Commission for
Minorities, the Scheduled Castes and Scheduled Tribes and Women.
Appointment of Chairperson and Members:

The Chairperson and the Members of the Commission shall be appointed by the President of
India on the recommendation of six members and shall hold office for a Period of Five years from
the date on which they enter upon the office. They shall be eligible for reappointment for another
term. A person can serve at the Commission until the age of Seventy years.

Disqualification of Members
The President may remove from the Chairperson or any other member if :
(1) He is adjudged an Insolvent
(2) He is engaged during his term of office in any paid employment outside the duties of his office;
or
(3) He become unfit to Continue his office by reason infirmity of mind or body; or
(4) He has been declared by a Competent Court a person of unsound mind.
(5) He has been convicted and sentenced to imprisonment for an offense which in the opinion of
the President involves moral turpitude.

State Human Rights Commission:

The Act also provided under Chapter V for the Setting up of the State Human Rights
Commission in States which shall Consist of:
(1) A Chairperson who has been Chief Justice of a High Court;
(2) One member who is or has been a Judge of a High Court;
(3) One member who is or has been a District Judge in the State and two members to be appointed
from amongst persons having knowledge of or practical experience in matters relating to Human
Rights. The Chairperson and other members of the Commission shall be appointed by the governor
on the recommendation of a committee consisting of the of the Chief Minister (the Chairperson) and
the three members i.e.
1. Speaker of the Legislative assembly
2.Minister in charge of the department of House in that State and
3. The Leader of the opposition in the Legislative assembly.

All the members of the Commission shall hold office for a period of five years and will be eligible
for the re-appointment. for another term. Headquarter of the Commission shall be at such place as
the State Commission as it may by notification, specify.
The State Commission is empowered to perform all those functions which have been entrusted to
the National Human Rights Commission. The state Commission may inquire into violation of human
rights only in respect of matters related to any of the entries enumerated in List II and III in the
seventh schedule of the constitution. The commission is required to submit its annual report to the
state government and it may submit at any time special reports on any matter which in its opinion is
of such urgency or importance that it should not be deferred till submission of the annual report.
The state government shall submit these reports before each house of the Legislature with a
memorandum of action taken or the reasons for non-acceptance of the recommendations if any.
Human Rights Courts in Districts:

Chapter VI of the said Act compressing of Section 30 and 31 makes the provision relating to the
creation of Human Rights Courts in each district. This setting up of Human Rights court in every
district of the country or the speedy trial of offenses arising out of the violation of human rights is a
novel provision of the Act. These Court may be set up by the State government with the concurrence
of the Chief Justice of the High Court by notification specifying for each district a Court of Session to
be a Human Rights Court. For every Human Rights Court, the state government shall appoint a public
prosecutor or an advocate who has been in practice as an advocate for not less than 7 years for the
purpose of conducting cases in the human rights Courts such a person shall be called a special Public
Prosecutor.
Such Courts have been notified in the State of Andhra Pradesh, Assam, Sikkim, Tamil Nadu and
Uttar Pradesh and have been constituted in Madras and Guwahati.
In India like many other developing countries much has to be done for the better protection of
human rights although other social and economic problems like poverty, illiteracy, Unemployment,
population growth, and law and order have sir passed by the importance due to human rights and all
efforts are required to be made to make the people aware of their rights the strong will and
determination for the promotion of human dignity and work will certainly make the Human Rights
movement a great success.

Powers and Functions of National Human Rights Commission:

The Commission shall perform all or any of the following functions,

namely -

(a) inquire, Suo moto or on a petition presented to it by a victim or any person on his behalf
or on a direction or order of any court, into complaint of

(i) violation of human rights or abetment thereof; or

(ii) negligence in the prevention of such violation, by a public servant;

(b) intervene in any proceeding involving any allegation of violation of human rights pending
before a court with the approval of such court;

(c) visit, notwithstanding anything contained in any other law for the time being in force, any
jail or other institution under the control of the State Government, where persons are detained
or lodged for purposes of treatment, reformation or protection, for the study of the living
conditions of the inmates thereof and make recommendations thereon to the Government;

(d) review the safeguards provided by or under the Constitution or any law for the time being
in force for the protection of human rights and recommend measures for their effective
implementation;

(e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights
and recommend appropriate remedial measures;

(f) study treaties and other international instruments on human rights and make
recommendations for their effective implementation;

(g) undertake and promote research in the field of human rights;

(h) spread human rights literacy among various sections of society and promote awareness of
the safeguards available for the protection of these rights through publications, the media,
seminars, and other available means;

(i) encourage the efforts of non-governmental organisations and institutions working in the
field of human rights;

(j) such other functions as it may consider necessary for the protection of human rights.

13. Powers relating to inquiries

(1) The Commission shall, while inquiring into complaints under this Act, have all the
powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular
in respect of the following matters, namely :

(a) summoning and enforcing the attendance of witnesses and examining them on oath;

(b) discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or

documents;

(f) any other matter which may be prescribed

(2) The Commission shall have power to require any person, subject to any privilege which
may be claimed by that person under any law for the time being in force, to furnish
information on such points or matters as, in the opinion of the Commission, may be useful
for, or relevant to, the subject matter of the inquiry and any person so required shall be
deemed to be legally bound to furnish such information within the meaning of section 176
and section 177 of the Indian Penal Code.

(3) The Commission or any other officer, not below the rank of a Gazetted Officer, specially
authorised in this behalf by the Commission may enter any building or place where the
Commission has reason to believe that any document relating to the subject matter of the
inquiry may be found,
and may seize any such document or take extracts or copies therefrom subject to the
provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be
applicable.

(4) The Commission shall be deemed to be a civil court and when any offence as is described
in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code
is committed in the view or presence of the Commission, the Commission may, after
recording the facts
constituting the offence and the statement of the accused as provided for in the Code of
Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the
same and the Magistrate to whom any such case is forwarded shall proceed to hear the
complaint against the accused as if the case has been forwarded to him under section 346 of
the Code
of Criminal Procedure, 1973.

(5) Every proceeding before the Commission shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228, and for the purposes of section 196, of the
Indian Penal Code, and the Commission shall be deemed to be a civil court for all the
purposes of section 195 and
Chapter XXVI of the Code of Criminal Procedure, 1973.

(6) Where the Commission considers it necessary or expedient so to do, it may, by order,
transfer any complaint filed or pending before it to the State Commission of the State from
which the complaint arises, for disposal in accordance with the provisions of this Act;
Provided that no such complaint shall be transferred unless the same is one respecting which
the State Commission has jurisdiction to entertain the same.

(7) Every complaint transferred under sub-section(6) shall be dealt with and disposed of by
the State Commission as if it were a complaint initially filed before it.

And read about part 3 of Constitution Of India which is about fundamental rights