Introduction:

Definition:

“The amount of violations of human rights in a country is always an inverse function

of the amount of complaints about human rights violations heard from there. The
greater the number of complaints being aired, the better protected are human rights in
that country.”

– Daniel Patrick Moynihan1

“Human rights2” means the rights relating to life, liberty, equality and dignity of the
individual guaranteed under the Constitution or embodied in the International
Covenants and enforced by courts in India.” All human beings are born with some
unalienable rights like life, liberty and pursuit of happiness. The importance of these
natural rights can be found in the fact that these are fundamental for their proper
existence and no other rights can be enjoyed without the presence of rights to life and
liberty.

For having the knowledge of the procedure of State Human Rights Commission,
firstly we need to get familiar with the strength, the evolution, the functions and the
limitations of the Commission. State Human Rights Commission is a Quasi- Judicial
Body, which works for the protection of the Human Rights as prescribed under the
International Covenant on Civil and Political Rights and the International Covenant
on Economic, Social and Cultural Right adopted by the General Assembly of the
United Nations on December 16, 1966.

Evolution of State Human Rights Commission:3

State Human Right Commissions are constituted to enquire into Complaints, which is
one of the major activities of State Human Right Commissions. As the nomenclature
is indicating, Human Right Commissions are meant to prevent violations of Human
Rights, which are prescribed under Universal Declaration of Human Rights.
1
Definition by Daniel Patrick Moynihan
2
Meaning of Human Rights
3
Evolution of SHRC

Page 1
The State Human Rights Commission is a Legislative body works for the purpose of
redressal of the grievances arising out of violations of human rights. The Human
Rights Protection Act, 1993 facilitates that State Government may constitute State
Human Rights Commission to exercise the power conferred upon, and perform
functions assigned to it under the Act.

State Human Rights Commissions work under the supervision of National Human
Rights Commission on different themes i.e. Human Rights, Custodial deaths, Police
excesses, fake encounters, Women and Children’s rights, Dalit’s right & Minority
Communities’ Rights, Disability, Bonded Labour and Labourer’s Rights, Armed
Forces or any of the entries enumerated in List I or List III in the Seventh Schedule of
the Constitution applicable to that State.etc.

1. Composition of State Human Rights Commission:

A State Commission is to be composed of a chairman and some members appointed

by the Governor in consultation with the Chief Minister, Home Minister, Speaker and
Leader of the Opposition in State Assembly. The chairman is to be a retired judge of
the High Court; one of the members should be a serving or a retired District Judge in
that state; one member is to be a serving judge or a retired judge of the High Court,
two members are to be activists in the field of Human Rights. Besides the above
members, the Commission has its own secretary as well.

2. Removal:

The chairman or any other member is removable by the President on the charge of
proved misbehavior or incapacity after a regular inquiry by a judge of the Supreme
Court. They are removable on the grounds as provided for such removals of the
members of NHRC as well.

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Functions of the State Human Rights Commission:

Section 12 of the Human Rights Act, 19934 states that;

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;

(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, under intimation 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) 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;

4
Functions of SHRC

Page 3
(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 organizations and institutions working

in the field of Human Rights;

(j) Such other functions as it may consider necessary for the promotion of Human
Rights.
Section 12 also ensures that whenever, the Commission on receipt of a complaint or
suo-motu finds that there is a violation of the Human Rights or abetment by anybody,
irrespective of the fact as to whether the violation is by a public servant or any other
person, the Commission can initiate proceedings for enquiry. It also, necessarily,
follows that when a court of competent jurisdiction, either Civil or Criminal, is
already seized of the matter, the Commission has no jurisdiction in the matter to
initiate parallel proceedings or order a parallel investigation. In the Case of N.C.
Dhourrdial vs. Union of India, it was stated that the Commission, which is the
creature of statute is bound by its provisions. Its duties and functions are defined and
circumscribed by the Act. Of course, as any other statutory functionary, it
undoubtedly has incidental or ancillary power to effectively exercise its jurisdiction in
respect of the powers conferred to it but the Commission, should necessarily act
within the parameters prescribed by the Act creating it and the confines of jurisdiction
vested in it by the Act.

The Government is duty bound to consider the recommendations of the Commission

and to act upon the same.

“It may also be relevant to notice here that the Commission is a creature of a Statute
i.e. Protection of Human Rights Act, 1993. It, therefore, cannot obviously clothe itself
with such powers which have not been conferred upon it by the aforesaid Statute.
Apparently powers of judicial review have not been conferred upon the Commission.
Powers of holding parallel proceedings where the matter is already pending before a
competent court (civil or criminal), have also not been envisaged by the Act. Under
the provisions of the Act, the Commission has been merely constituted with a function

Page 4
to make recommendations to the appropriate Government, when any violation of
Human Right by a public servant, is brought to its notice, after due investigation of
the matter. As the language of Section 18 itself suggest that the Commission has only
power to make recommendations to the concerned Government or authority, for
initiation of proceedings, or for initiation of such action as may be deemed fit. The
word “recommendation” necessarily mean “to Suggest.” Such a suggestion cannot be
treated to be a decision capable of execution or enforcement.”

Limitations for the Jurisdiction of Human Rights Commission5

 The Commission or the State Commission shall not inquire into any matter
after the expiry of one year from the date on which the act constituting
violation of human rights is alleged to have been committed. It is, thus, clear
that a specific period of limitation has been provided for initiating of
proceedings even in connection with violation of human rights by a public
servant. The acts which are found to be beyond the aforesaid period of one
year from the date, when the complaint in question is filed before the
Commission, shall not be inquired into by the Commission or the State
Commission. The Commission is enjoined with powers only with a view to
inquire into the violation of the Human Rights.

 While inquiring into any complaint of human rights violation, the Commission
shall exercise the power of a civil court to the limited extent of securing the
presence of witnesses, examination of witnesses, etc. After completing the
inquiry, as envisaged in Section18 of the Act, the Commission shall make only
a recommendation to the Government such as to make payment of
compensation or damages to the complainant or to the victim or member of his
family as the Commission may consider necessary, in the event the inquiry
discloses violation of Human Rights or negligence in the prevention of such
violation. On receipt of the Commission’s report, the Central Government may
or may not take any action, depending upon the nature of the findings recorded
by the Commission.

5
Limitation of SHRC

Page 5
  The Commission is not a judicial body. It has only been vested with certain
powers of the Civil Court under Section13 for the purpose of inquiry into
complaints regarding summoning and enforcing attendance of witnesses,
examining them on oath, discovery and production of documents, evidence on
affidavit, requisitioning of any public record or copy, issuing Commission for
examination of witnesses/documents etc.

But on the other side, it has been stated in U.P. Power Corporation. Ltd. v. National
Human Rights Commission that according to S. 18 (a) where inquiry discloses the
Commission of violation of Human Rights or negligence in the prevention of
violation of Human Rights or abetment thereof by a public servant, it may recommend
to the concerned Government or authority to make payment of compensation or
damages as the Commission may consider necessary. Thus, the Commission has
jurisdiction to recommend compensation as the Commission may consider necessary.
The power of the Commission under S. 18 is not initiated by any other provisions or
any State Legislature or subordinate legislation. The power of the Commission under
S. 18 is in addition to any other provisions covering the subject matter and not in
derogation of any other provisions of law.

Complaint procedure with a State Human Right Commission:

Article 14 of the Constitution guarantees to all people equality before the law and
equal protection of the laws’ within the territory of India. The procedure to file an
application with State Human Rights Commission is not a complicated task; any
person or the victim himself can present the petition, even in the form of an
application, to the authorized person of the Commission.

Non-registration of First Information Reports (FIR) is one of the most serious,

frequent and common grievances against the police. This problem is compounded
when the person against whom a complaint is made is rich and powerful. Police
officers must register an FIR immediately on receiving information about a
cognizable offence. Persons aggrieved by non-registration of FIR can approach the
District Superintendent of Police or the concerned Magistrate to get their complaints

Page 6
registered. Alternatively complaints in this regard can also be filed before the
National or concerned State Human Rights Commission.

WHEN6:

Complaint Redressal and Inquiry is one of the major activities of SHRC. SHRC
accepts grievances written in any language by post, telegram, fax, email or even on
mobile, and also through assistance counter. It charges no fees.

 The Commission takes support of a number of legislative Bills/Acts from the

human rights perspective:
 The Terrorists and Disruptive Activities (Prevention) Act, 1985 (TADA)
 The Prevention of Terrorism Bill, 2000
 The Prevention of Terrorism Ordinance, 2001 (POTO)
 Freedom of Information Act
 Domestic Violence Bill
 The Child Marriage Restraint Act
 National Rural Employment Guarantee Bill, 2004
 Food Safety and Standards Bill, 2005.

 The Commission has a very exclusive function of nursing the execution of its
recommendations. Commission regularly monitors, through visits of Members of
the Commission and its Special Rapporteur, regular response from the Ministries
of State and also from other related agencies on the following issues:
 Prison environments
 Custodial deaths
 Hospitals for mentally ill patients
 Status of bonded and child labour
 Homes run by the Government
 Rights of internally displaced persons
 Monitors Vishakha (Supreme Court) guidelines on sexual harassment at work
place

6
When to file a complaint before SHRC

Page 7
  Encounter deaths
 Deaths of children in protection homes

 The Commission has laid equivalent position on Civil and Political Rights as
well as Economic, Social and Cultural Rights. The Commission has abetted in
narrowing concerns and recommendations resulting in concrete curative steps.

As mentioned above, there are many types of human right violations that takes place
but out of them, majority are against the police official regarding Custodial deaths,
inhumane treatment of criminal and violations of human rights.

HOW:7

If there is any situation of violation of human rights guaranteed under the

Constitution, the injured party may himself file a petition for violation of his human
rights in the Commission or that the Commission may by Suo Moto take up the case
based on any newspaper report or any other probable source of information. Once he
petition is filed in the Commission, it goes through various stages of scrutiny to
achieve justice. The following are the various structural sections in the State Human
Rights Commissions.

1. INWARD SECTION:
This section constitutes the primary step of the process involved in registering a
complaint. This is where the petitions are generally filed in person or say that those
sent through post, telegram or any means are accepted or say filed. Petitions for
violation of human rights are generally in the form of letters sent through post or
telegrams addressing either the Chairperson, Secretary or Head of the HRC and
under-signed by the petitioner. The petitions are here sorted out and forwarded to the
Scrutiny department.

7
How to file a complaint?

Page 8
2. SCRUTINY SECTION:
Once a petition is received and registered, it is then received by this section which
accepts the petition forwarded by the Inward Section, then scrutinizes the content and
checks if there is any violation of Human right. If there is any abuse of human right
the petition is forwarded else is dismissed. The forwarded petition is first fed into the
computer thereby it generates a random code that would be the petition code.

3. PUBLIC RELATIONS SECTION:

Parties to the case or say that the petitioners or the aggrieved parties are not always
educated or well versed with their rights. The parties to the case are mostly people
unaware of the current scenario of the abuse of legal right and the process that is
concerned with it. This section is specially set up so that people can discuss their
issues, get suggestions, any necessary information or knowledge from the available
Public Relations Officer as a professional help.

4. JUDICIAL SECTION:
Immediately as the petitions are accepted, the petitions forwarded by the Inward are
sorted out and then a Cause list is prepared. Cause list is a summary of various cases
that are going to be heard on various allotted date and that it gives a brief of the cases
pending, their hearing dates and the progress of the case.

5. COURT HALL:
Once the Cause List is prepared, various petitions according to their dates of hearing
are heard in a Court room of the Commission with a bench of judges with the relevant
authority. The case is heard in the same manner as done in a court of similar stature
and that either a judgment is passed or further postponed based on the pending issues
of the case and if the case is mostly of civil nature than that of human right violation
or say of any other nature, then the case is directed to the concerned forum or court.

6. RECORD ROOM:
Once the hearing of a court is done, either the case is closed or further hearing date is
given. In any case, the petition and its Order, Comments, Report, etc. are stored in this
particular section. All the details of every case that enters the court hall are
maintained for future record.

Page 9
For a Prudent person- How to File a Complaint with State Human
Rights Commission

Any person i.e. person with the spirit of public interest or the Victim himself can file
an application by person or by post. There is no particular procedure to file a
Complaint. Whenever and wherever, there is violation of Human Rights or
exploitation of Human Being; they can inform the State Human Rights Commission
within the prescribed time period.

The matter cannot be pending before any Court in the territory of India, which has a
requisite Jurisdiction over the matter. Though, where there is some delay in the
execution of the matter, any person can complaint the Commission with regard to
such undue delay.

The power of the State Human Rights Commission is to give Order to respective
Government to have a policy for requisite execution of the matter or the investigation
of the matter by itself only; in this situation, the Commission will submit its report to
the State Government for the quick elimination of the restitution.

Maharashtra State Human Rights Commission:-

Maharashtra State Human Rights Commission (MSHRC) was formed on 6th March

2001.8 A. D. Mane was appointment as the first Chairperson along with Vijay Chitnis

and M. R. Patil as the supporting members of the commission. The office of the

commission is situated near Chhatrapati Shivaji Terminus, Mumbai. The Commission

promotes respect for human rights. It uses education, information and publicity to

promote, protect and enforce human rights. It also helps people to resolve situations

where there might have been infringement by public servants of fundamental rights

enshrined in the Constitution of India. If people are unable to resolve complaints

8 Maharashtra State Human Rights Commission, Annual Report 2004-2005, p. 2

Page
10
themselves and if the complaints are found to be within the Commission's jurisdiction,

the Commission can provide investigation and redress into such complaints. The State

Human Rights Commission is a statutory autonomous body that administers the

Protection of Human Rights Act, 1993. The Act is intended to help ensure that all

people in India are treated fairly.

The structure of the commission consist of chairperson and two members but they are

retired and presently the commission is functioning with wings, (i) Administrative

wing headed by Secretary (IAS) Shri Mahul Hussain, (ii) Investigating wing headed

by Special IPS Shri Shridgar Vagal (iii) Research wing - research officer, Doctorate

in Law and ten years of practice in Law headed by Dr. Jesu Pedal (iv) Legal Wing

headed by registrar who is a district magistration on deputation as it vacant so acting

by Shri Sard.9 The Commission received 14802 petitions during the period from

2001-2005, out of these, the Commission disposed of 10837 petitions. The

Commission received 30967 petitions during the period from 2005-2010, out of these,

the Commission disposed of 31,888 petitions. The Commission received 15,231

petitions during the period from 2010-2014, out of these, the Commission disposed of

4,113 petitions.10 The Maharashtra State Human Rights Commission held conference

on Human Rights education on 12th August 2010, at Mumbai in collaboration with

NHRC and is taking steps to further its implementation through State Government

and also through various statutory bodies of education in the State. The Commission

has been making all out efforts in fulfilling the obligations entrusted to it under

section 12(h) of the Protection of Human Rights Act, 1993 to promote Human Rights

9 Interview with Jesu Pedal, research officer, Doctorate in Law and ten years of practice in Law from Research
wing department, at Maharashtra State Human Rights Commission on 4th August 2012,
11:00am
10 "Progress report of MSHRC", http://www.mhrc.gov.in, 13th December 2011, 3:30 pm

Page
11
literacy and awareness.11 Maharashtra continued to record a high rate of custodial

deaths and extrajudicial executions.12 Crimes against Scheduled Castes or Dalits

increased. Children remained extremely vulnerable. It also stated that Maharashtra

recorded one case of dowry death a day, one rape case every six hours, one

molestation case every three hours, one case of cruelty by husband and relatives in

every two hours and one sexual harassment case every 10 hours.13

MAHARASHTRA HUMAN RIGHTS COMMISSION

9, Hajarimal Somani Marg, Near CST Railway Station, Mumbai-400001.
STD: 022 Fax: 022-2885858 E-Mail: Homepage:
Chairperson Justice Shri A. D. Mane
Tele(o):22071155 Tele(r):22818917,
FAX:22091804
26708065
Member Shri M. R. Patil
Tele(o):22078960 Tele(r):22835913 FAX:22091804
Member Shri C. L. Thool
Tele(o):22078962 Tele(r):22882811,
FAX:22091804
22881693
Member Dr. Vijay Chitnis
Tele(o):22031082 Tele(r):22813140 FAX:22091804
Secretary Sri Amitabh Chandra, IAS
Tele(o):22076408 Tele(r):22846204 FAX:22091804
Additional
Director General Shri Sunil Vaidya, IPS
of Police
Tele(o):22073232 Tele(r):28768652 FAX:22091804
Registrar Shri P. R. Belorkar
Tele(o):22092857 Tele(r):22040093 FAX:
Superintendent
Shri Manohar Bhoir
of Police
Tele(o):22070361 Tele(r):26825662 FAX:

11 Maharashtra State Human Rights Commission, Recommendations on Human Rights Education in

Maharashtra, Mumbai, 2010, p. vi, vii
12 "Custody death: Relatives blame police", The Free Press Journal, 18th January 2007
13 "Pardhi woman dies in custody, relatives allege torture", The Indian Express, 17th May 2007

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12
India’s human rights obligation – a case study

India’s human rights obligation – a case study

The following is a case study of discrimination and torture in the Indian state of Uttar
Pradesh
The Milli Gazette
Published Online: Jun 26, 2012
Print Issue: 1-15 July 2012
By Amit Singh

“Police brutality on me, my father and brother makes my spine shiver and fear
overpowers me. I am still terrified by the police thinking that as I raise voice against
them, they might implicate me in any false case. Earlier police used to stop me and
used to threaten that they would implicate me in a false case. The entire incident has
pained me and it would be in my mind for years together. Suffering emanating out of
police torture cannot be compensated”. (Voice of voiceless, 2011).
India is indeed “incredible” [14] in the way it treats its vulnerable citizens, particularly
lower caste and poor people. Discrimination, torture, enforced disappearance, police
injustice, impunity, cases of arbitrary detention are rampant and enough to
substantiate India’s failure to its human rights compliances.
Signatory of various human right instruments, Indian government failed to protect and
fulfill its obligations not only to its citizen but also it breached many international
human rights laws. Against this background, this article will argue that India has
failed to keep its human rights obligations, particularly the right to freedom, ban
torture and arbitrary arrest. In addition, various case studies have been discussed to
support the argument. Background
Systemic discrimination of lower castes and minorities has always been a part of the
caste structure in the Indian society. Due to discrimination, disadvantaged groups
failed to enjoy their basic human rights such as access to education, health services,

14
Incredible India, Indian tourism promotion statement

Page
13
safe drinking water and housing rights. These situations are further aggravated when
the following human rights violations are committed, namely:

- Rights against subjection to torture or to cruel, inhuman or degrading treatment;

- Right to have effective remedy;
- Right against arbitrary arrest, detention or exile;
- Right to be presumed innocent until proven guilty;
- Right to have a fair public hearing in civil or criminal matters.

There have been many documented cases of police atrocities and the state’s inability
to protect the victims. Rather, noticeable in various cases[15], state machinery has been
complicit in such violations and was found guilty of aiding and abetting the criminals.
In this connection, documentation has been made by Varanasi-based NGO, PVCHR
(People Vigilance Commission on Human Rights)[16] in collaboration with the
National Alliance on Testimonial Therapy between 2002 to 2010. For the purpose of
gathering concrete evidence, testimonial method[17] has been adopted.

Further section provides a brief overview about the international human rights
instruments India has signed and ratified.

India’s human rights obligations

India has either acceded or has ratified the following human rights treaties[18]:
1. International Covenant on Civil and Political Rights,
2. International Covenant on Economic, Social and Cultural Rights,
3. International Convention on the Elimination of All Forms of Racial Discrimination,
4. Convention on the Elimination of All Forms of Discrimination against Women

15
Documented cases available on www.detenionwatch.blogpot.com
16
s. 12 (a) (i) the Act 1993
17

http://nhrc.nic.in/Documents/Publications/TheProtectionofHumanRightsAct1993_Eng
.pdf, (accessed on July 20, 2015)
18
The Universal Declaration of Human Rights, 1948 (December 10, 1948),
http://www.un.org/en/documents/udhr/ (accessed on July 20, 2015).

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14
5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (India has only signed, i.e., not ratified).

In addition, India is one of the founding signatories of Universal Declaration of

Human Rights (1948). Notable is the fact that states which have signed UN
conventions have legal obligations to protect, promote and fulfill concerned human
rights treaties.

For the purpose of this study, it will be worthwhile to have a brief overview of the
concerned rights enshrined in international human rights instruments. Universal
Declaration of Human Rights (1948) in article 5 stresses on “No one shall be
subjected to torture or to cruel, inhuman or degrading treatment or punishment”. This
element of rights further solidifies in the International Covenant on Civil and Political
Rights (1976) article 7 which says: “No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment”’. However, the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment clearly
elaborates that “Each State party shall take effective legislative, administrative,
judicial or other measures to prevent acts of torture in any territory under its
jurisdiction (art. 2(1))”. This Convention forbids the practice of torture in every
circumstance including emergency (art. 2 (2)) and says that no public authority can
justify torture (art. 2(3)). On discrimination, the Universal Declaration of Human
Rights (1948) says ‘All human beings are born free and equal in dignity and rights…”
(art.1). Further, the Convention on the Elimination of All Forms of Racial
Discrimination in its various articles (art. 1 (2), art. 2(1(a). art. 4) condemns the
practice of discrimination.

Moreover, article 15 of the Indian constitution prohibits discrimination on grounds of

religions, race, caste, sex or place of birth. The Indian Constitution outlaws caste-
based discrimination as well as the practice of “untouchability”. In addition, under
article 21, no one shall be deprived of his life or personal liberty.

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15
Case Studies:

Case 1: In this case, a powerful local politician has used political connection through
local police in order to settle a personal land dispute. Victim S. (district Chandoli,
Uttar Pradesh, 2008) has been targeted and tortured by district police. In addition, his
elder brother was killed in a fake police encounter; his father was illegally imprisoned
and tortured. However, due to poor financial condition, the victim was unable to
access the judicial system which is notoriously slow in delivering justice.
Nonetheless, victim failed to get his grievances redressed by police or concerned
authority. This case represents police-politician nexus in tormenting poor people for
their personal gains. Interestingly, local police in addition to dereliction of their duties
become a tool of oppression and commit gross violations of human rights by taking an
innocent person’s life in fake encounter. Along with it, the victim due to his inability
(financial hindrance, mental hardship) could not access the justice system, let alone
get fair trail.

Human rights violated in the case:

- Right to life (I. C. C. P. R. art 6(1)

- Rights against subjection to torture or to cruel, inhuman or degrading treatment; (I.
C. C. P. R. art. 7)
- Right to have effective remedy; (I. C. C. P. R. art. 2 (3. a)
- Right against arbitrary arrest, detention or exile; (I. C. C. P. R. art. 9 (1))
- Right to be presumed innocent until proved guilty (I. C. C. P. R art. 14. (2)
- Right to have a fair public hearing in civil or criminal matters (I. C. C. P. R art. 14,
16)
- Right to be treated humanely while in detention (I. C. C. P. R. art. 10(1)
- Right to privacy (I. C. C. P. R art 17(1) (2)
- Right to equality and non-discrimination (I. C. C. P. R. art. 2(1), 26)

Obstacles to justice: The Police Act, 1861 and the Prison Act, 1894 are two of the
oldest statutes in effect. Despite countless recommendations for their repeal and
replacement with laws in sync with the international human rights standards, they are
still operational. Proper implementation of the many progressive laws and regulations

Page
16
have been demanded in order to remove the many structural and functional problems
in the Indian justice system. Rights violations by police continued to rise in 2008-9.
Police were regularly accused of torturing, beating, abduction, deaths in custody and
extra-judicial killings in fake encounters. Police departments do not usually register
cases, conduct arbitrary arrests and disregard procedural safeguards. On the other
hand, there is a serious lack of awareness amongst litigants on free legal aid services
which often doesn’t reach the needy.

Discrimination against disadvantage groups (Scheduled Tribes, Scheduled Caste,

and Women): India’s tribal population, known as Dailts, have long been
discriminated in every aspect of life. The Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 seeks to provide such protection. However, weak
implementation and low conviction rates (29.32%) are disturbing as is the fact that
Police often refuse to register Dalits’ cases. Despite the overarching mandate of
equality and non-discrimination contained in the Indian Constitution and regardless of
the enactment of women-specific laws, discrimination against women is systemic and
shapes all structures of the state and society. Cases of domestic and sexual violence,
harassment at workplace, physical threats are on rise.

Conclusion and recommendations: The right to equality and freedom from

discrimination, torture and cruel, degrading treatment and inhumane punishment is
protected by various provisions of the various international human rights instruments
including International Covenant on Civil and Political Rights. Based on International
law, states are accountable on their failure to protect their citizens against human
rights violations particularly custodial deaths, torture in custody and discrimination on
the basis of one’s caste. This clearly manifests the gap between prevailing
international human rights law and its implementation at domestic level.

Discussed cases established the fact that Indian bureaucracy is not sensitive enough
towards human rights issues. In addition, deeply-rooted social customs have
continuously sustained and supported social biases against vulnerable groups
including highly compartmentalized and stigmatized lower classes.

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Though Indian government is the signatory of many International human rights
instruments, in practice blatant violation of human rights is apparent. Rotten police
system, slow and inaccessible justice system is just a symbolic representation of the
current scenario. In conclusion, police system needs to be revamped. In addition,
promotion of human rights education should be a compulsory training for government
officials regardless of their rank and status. Justice should be speedy and must be
accessible to disadvantaged groups. To achieve this goal, a human rights awareness
campaign could be launched in rural areas. People can be empowered only if they
know their rights.

The prevailing situation of persistent human rights violations presents manifold

challenges to Indian government to fulfill its human rights obligations. A number of
progressive legal and policy initiatives have been taken by the government.
Nonetheless, the lack of implementation continues to hinder the realization of human
rights for India’s most vulnerable.

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Conclusion

India being the largest Democracy in the world has a duty to protect the kings of
democracy i.e. the people or say citizens of a country. The Constitution of India gives
various rights to citizens of India which are enforceable in the Court of Law if
violated. Any violation if occurred and reported, the government is duty bound to
redress it and see that the injured party is compensated for his loss. The Government
of India to keep a check on these violations has set up a National Human Rights
Commission (NHRC) and with each state having its own Human Rights Commission
i.e. the State Human Rights Commissions (SHRC’s) under the NHRC. Setting up of
Commissions at the State level has made it easy for people to approach the court at
ease and that the reach of the Commission has also reached the micro level
successfully. State Human Rights Commission works as an additional tool for the
protection of the Human Rights. As per the theme “how and when to Complaint with
State Human Right Commission”, though the jurisdiction of the Commission is vast
enough to entertain the Complaints in the field of protection of gross violation of
Human Rights and Human indeed; in all cases, the Commission cannot take the action
suo-moto. All the Human Beings are supposed to be aware of their Rights, which are
the proof of their mere existence. The awareness of the same matters prior to the
procedure or the functioning of the Commission.

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