Professional Documents
Culture Documents
PROJECT WORK ON
THE WORKING, CONSTITUTION AND FUNCTIONS OF THE
HUMAN RIGHTS COMMISSION
(Including Case Studies)
SUBMITTED BY
ANURAAG MATHIAS
1st Year
B.A. LL.B. (Hons.)
HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR
INTRODUCTION
The protection of human rights act, 1993 (an act of parliament) provides for establishment of
Human rights commissions at the national and the state level for the better protection of the
human rights and for the matter therewith connected or incidental thereto. It came into force on
8th January, 1994.
Every individual must have some rights against the State or other Public authority by virtue of
being a member of the human family and such rights are `human rights`. The concept of human
rights is as old as ancient doctrine of natural rights based on natural law.
India being a party to these Covenants, the President of India promulgated the Protection of
Human Rights Ordinance, 1993 under Article 123 of the Constitution of India on 28 th September,
1993 to provide for the constitution of a National Human Rights commission, State Human
Rights commissions in states and Human Rights courts for the better protection of human rights
and for matters connected therewith or incidental thereto. To replace this ordinance the
Protection of Human Rights Bill, 1993 was introduced in Lok Sabha.
as
the right
to
fair
trial,
protection
against enslavement,
prohibition
of genocide, free speech, or a right to education, there is disagreement about which of these
particular rights should be included within the general framework of human rights; [1] some
thinkers suggest that human rights should be a minimum requirement to avoid the worst-case
abuses, while others see it as a higher standard.
Many of the basic ideas that animated the human rights movement developed in the aftermath of
the Second World War and the atrocities of The Holocaust, culminating in the adoption of
the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in
1948. Ancient peoples did not have the same modern-day conception of universal human
rights. The true forerunner of human rights discourse was the concept of natural rights which
appeared as part of the medieval natural law tradition that became prominent during
the Enlightenment with such philosophers as John Locke, Francis Hutcheson, and Jean-Jacques
Burlamaqui, and which featured prominently in the political discourse of the American
Revolution and the French Revolution. From this foundation, the modern human rights
arguments emerged over the latter half of the twentieth century, possibly as a reaction to slavery,
torture, genocide, and war crimes, as a realization of inherent human vulnerability and as being a
precondition for the possibility of a just society.
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world.
1st sentence of the Preamble to the Universal Declaration of Human Rights
All human beings are born free and equal in dignity and rights.
Article 1 of the United Nations Universal Declaration of Human Rights (UDHR)
FUNDAMENTAL RIGHTS
General
ARTICLE
12. Definition
13. Laws of inconsistent with or in derogation of the fundamental rights.
Right to Equality
ARTICLE
14. Equality before law.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
16. Equality of opportunity in matters of public employment.
17. Abolition of Untouchability
18. Abolition of titles.
Right to Freedom
ARTICLE
19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences.
21. Protection of life and personal liberty.
22. Protection against arrest and detention in certain cases.
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in respect of matters in relation to which the Legislature of that State has power to make laws
had been substituted.
(6) Two or more State Governments may, with the consent of a Chairperson or Member of a
State Commission, appoint such Chairperson or, as the case may be, such Member of another
State Commission simultaneously if such Chairperson or Member consents to such appointment:
Provided that every appointment made under this sub-section shall be made after obtaining the
recommendations of the Committee referred to in sub-section(1) of section 22 in respect of the
State for which a common Chairperson or Member, or both, as the case may be, is to be
appointed.
1. ASSAM
2. ANDHRA PRADESH
3. BIHAR
4. CHHATTISGARH
5. GUJARAT
6. GOA
7. HIMACHAL PRADESH
8. JAMMU & KASHMIR
9. KARNATAKA
10. KERALA
11. MADHYA PRADESH
12. MAHARASTHRA
13. MANIPUR
14. ODISHA
15. PUNJAB
16. TAMIL NADU
17. UTTAR PRADESH
18. WEST BENGAL
19. JHARKHAND
20. SIKKIM
21. UTTARAKHAND
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22. HARYANA
23. RAJASTHAN
the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by
the Supreme Court, reported that the Chairperson or such Member, as the case may be, ought on
any such ground to be removed.
(2) Notwithstanding anything in sub-section (1A), the President may by order remove from
office the Chairperson or any Member if the Chairperson or such Member, as the case may be
(a) Is adjudged an insolvent; or
(b) Engages during his term of office in any paid employment outside the duties of his
office; or
(c) Is unfit to continue in office by reason of infirmity of mind or body; or
(d) Is of unsound mind and stands so declared by a competent court; or
(e) Is convicted and sentenced to imprisonment for an offence which in the opinion of the
President involves moral turpitude.
Provided that no Member shall hold office after he has attained the age of seventy years.
(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further
employment under the Government of a State or under the Government of India.
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(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of
his death, resignation or otherwise, the Governor may, by notification, authorize one of the
Members to act as the Chairperson until the appointment of a new Chairperson to fill such
vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence on leave or
otherwise, such one of the Members as the Governor may, by notification, authorise in this
behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson
resumes his duties.
26. Terms and conditions of service of Chairperson and Members of the State
Commissions
The salaries and allowances payable to, and other terms and conditions of service of, the
Chairperson and Members shall be such as may be prescribed by the State Government;
Provided that neither the salary and allowances nor the other terms and conditions of service of
the Chairperson or a Member shall be varied to his disadvantage after his appointment.
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INTRODUCTION
The Protection of Human Rights Act 1993, (an Act of the Parliament), provides for establishment
of the National Human Rights Commission at the national level and State Human Rights
Commissions at the state level. In the State of Chhattisgarh, the CG Human Rights Commission
was established on 16th April 2001. Shri Justice K. M. Agrawal, a former Chief Justice of
Sikkim High Court was appointed as Chairperson and Shri K. A. Jacob, former D. G. P. of Bihar
was appointed as member vide Notification No. 4139/GAD/2001 with effect from the date they
assumed charge of the office.
The Human Rights Commission is an autonomous high power human rights watch body which
derives its authority from the Protection of Human Rights Act, 1993. Its autonomy lies, among
other things, in the method of appointment of its Chairperson and Members, their fixed tenure
and the statutory guarantee provided in section 23 of the Act, and the financial autonomy referred
to in section 33 of the Act. The high status of the Commission is found in the status of the
Chairperson, Members and its functionaries. Like other Commissions, only a former Chief
Justice of a High Court can be appointed as Chairperson and, likewise, the Secretary to the
Commission is an officer not below the rank of Secretary to the State Government. The
Commission has an investigating agency of its own.
Sec. 21 of the Protection of Human Rights Act, 1993, as amended by the Protection of Human
Rights (Amendment) Act, 2006 under Chapter V, lays down that the State Government may
constitute a Human Rights Commission which shall consist of :
MEMBER
SHRI Y. K. S. THAKUR
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MEMBER
SHRI. R. K. BEHER
JOINT SECRETARY
SHRI DILIP BHATT
DEPUTY SECRETARY
SHRI G. S. VERMA
LAW OFFICER
SHRI HARISH CHANDRA MISHRA
ACCOUNTS OFFICER
SHRI J. P. TIWARI
The Commission shall perform all or any of the following functions, namely:
(a) Inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into
complaint of
(i) Violation of human rights or abetment thereof or
(ii) Negligence in the prevention of such violation, by a public servant;
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(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 to the State Government, any jail or any other institution under the control of the State
Government, where persons are detained or lodged for purposes of treatment, reformation or
protection to study the living conditions of the inmates and make recommendations thereon;
(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) Undertake and promote research in the field of human rights;
(g) 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;
(h) Encourage the efforts of non-governmental organizations and institutions working in the field
of human rights;
(i) Such other functions as it may consider necessary for the protection of human rights.
1.
2.
3.
4.
5.
6.
7. Custodial rape
8. Custodial death in jail
9. Complaint related to jail
10.Complaint related to fake encounter
11. Complaint related to missing persons
12. Atrocities against women
13. Complaint related to Tonhi
14. Complaint related to dowry
15. Complaint related to child atrocities
16. Complaint related to child marriage
17. Complaint related to child labour/forced labour
18.Complaint related to departments
19. Complaint related to pension
20. Complaint related to accountant general
21. Complaint related to health department
22. Complaint related to education department
23. Complaint related to pollution department
24. Complaint related to revenue department
25. Complaint related to forest department
26. Complaint related to Naxalite incidents
27. Complaint related to human trafficking
28. Complaint received from NHRC
29. Miscellaneous complaints
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