INDIAN CONSTITUTION AND RELEVANT ARTICLES RELATING TO HR
Fundamental Rights, Directive Principles and Fundamental Duties of India
The Preamble of the Constitution of India – India's fundamental and supreme law
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State.[note 1] These sections comprise a constitutional bill of rights for government policy-making and the behaviour and conduct of citizens. These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India.
The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions.
The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisions, set out in Part IV of the Constitution, are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing and passing laws.
The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties, set out in Part IV–A of the Constitution, concern individuals and the nation. Like the Directive Principles, they are not legally enforceable.
Fundamental Rights
The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians, and prevent the State from encroaching on individual liberty while simultaneously placing upon it an obligation to protect the citizens' rights from encroachment by society.[19] Seven fundamental rights were originally provided by the Constitution – right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies.[20]However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.[21][note 2]
The purpose of the Fundamental Rights is to preserve individual liberty and democratic principles based on equality of all members of society.[22] They act as limitations on the powers of the legislature and executive, under Article 13,[note 3] and in case of any violation of these rights the Supreme Court of India and the High Courts of the states have the power to declare such legislative or executive action as unconstitutional and void.[23] These rights are largely enforceable against the State, which as per the wide definition provided in Article 12, includes not only the legislative and executive wings of the federal and state governments, but also local administrative authorities and other agencies and institutions which discharge public functions or are of a governmental character.[24] However, there are certain rights – such as those in Articles 15, 17, 18, 23, 24 – that are also available against private individuals.[25] Further, certain Fundamental Rights – including those under Articles 14, 20, 21, 25 – apply to persons of any nationality upon Indian soil, while others – such as those under Articles 15, 16, 19, 30 – are applicable only to citizens of India.[26][27]
The Fundamental Rights are not absolute and are subject to reasonable restrictions as necessary for the protection of public interest.[24] In the Kesavananda Bharati v. State of Kerala case in 1973,[note 4] the Supreme Court, overruling a previous decision of 1967, held that the Fundamental Rights could be amended, subject to judicial review in case such an amendment violated the basic structure of the Constitution.[28] The Fundamental Rights can be enhanced, removed or otherwise altered through a constitutional amendment, passed by a two-thirds majority of each House of Parliament.[29] The imposition of a state of emergency may lead to a temporary suspension any of the Fundamental Rights, excluding Articles 20 and 21, by order of the President.[30] The President may, by order, suspend the right to constitutional remedies as well, thereby barring citizens from approaching the Supreme Court for the enforcement of any of the Fundamental Rights, except Articles 20 and 21, during the period of the emergency.[31] Parliament may also restrict the application of the Fundamental Rights to members of the Indian Armed Forces and the police, in order to ensure proper discharge of their duties and the maintenance of discipline, by a law made under Article 33.[32]
Right to Equality
The Right to Equality is one of the chief guarantees of the Constitution. It is embodied in Articles 14–16, which collectively encompass the general principles of equality before law and non-discrimination,[33] and Articles 17–18 which collectively further the philosophy of social equality.[34] Article 14 guarantees equality before law as well as equal protection of the law to all persons within the territory of India.[note 5] This includes the equal subjection of all persons to the authority of law, as well as equal treatment of persons in similar circumstances.[35] The latter permits the State to classify persons for legitimate purposes, provided there is a reasonable basis for the same, meaning that the classification is required to be non-arbitrary, based on a method of intelligible differentiation among those sought to be classified, as well as have a rational relation to the object sought to be achieved by the classification.[36]
Article 15 prohibits discrimination on the grounds only of religion, race, caste, sex, place of birth, or any of them. This right can be enforced against the State as well as private individuals, with regard to free access to places of public entertainment or places of public resort maintained partly or wholly out of State funds.[37] However, the State is not precluded from making special provisions for women and children or any socially and educationally backward classes of citizens, including the Scheduled Castes and Scheduled Tribes. This exception has been provided since the classes of people mentioned therein are considered deprived and in need of special protection.[38] Article 16 guarantees equality of opportunity in matters of public employment and prevents the State from discriminating against anyone in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residence or any of them. It creates exceptions for the implementation of measures of affirmative action for the benefit of any backward class of citizens in order to ensure adequate representation in public service, as well as reservation of an office of any religious institution for a person professing that particular religion.[39]
The practice of untouchability has been declared an offence punishable by law under Article 17, and the Protection of Civil Rights Act, 1955 has been enacted by the Parliament to further this objective.[34] Article 18 prohibits the State from conferring any titles other than military or academic distinctions, and the citizens of India cannot accept titles from a foreign state. Thus, Indian aristocratic titles and titles of nobility conferred by the British have been abolished. However, awards such as the Bharat Ratna have been held to be valid by the Supreme Court on the ground that they are merely decorations and cannot be used by the recipient as a title.[40][41]
Right to Freedom
The Right to Freedom is covered in Articles 19–22, with the view of guaranteeing individual rights that were considered vital by the framers of the Constitution, and these Articles also include certain restrictions that may be imposed by the State on individual liberty under specified conditions. Article 19 guarantees six freedoms in the nature of civil rights, which are available only to citizens of India.[42] These include the freedom of speech and expression, freedom of assembly, freedom of association without arms, freedom of movement throughout the territory of India,freedom to reside and settle in any part of the country of India and the freedom to practice any profession. All these freedoms are subject to reasonable restrictions that may imposed on them by the State, listed under Article 19 itself. The grounds for imposing these restrictions vary according to the freedom sought to be restricted, and include national security, public order, decency and morality, contempt of court, incitement to offences, and defamation. The State is also empowered, in the interests of the general public to nationalise any trade, industry or service to the exclusion of the citizens.[43]
Right against Exploitation
Child labor and Begar is prohibited under the Right against Exploitation.
The Right against Exploitation, contained in Articles 23–24, lays down certain provisions to prevent exploitation of the weaker sections of the society by individuals or the State.[57]Article 23 provides prohibits human trafficking, making it an offence punishable by law, and also prohibits forced labour or any act of compelling a person to work without wages where he was legally entitled not to work or to receive remuneration for it. However, it permits the State to impose compulsory service for public purposes, including conscriptionand community service.[58][59] The Bonded Labour system (Abolition) Act, 1976, has been enacted by Parliament to give effect to this Article.[60] Article 24 prohibits the employment of children below the age of 14 years in factories, mines and other hazardous jobs. Parliament has enacted the Child Labour (Prohibition and Regulation) Act, 1986, providing regulations for the abolition of, and penalties for employing, child labour, as well as provisions for rehabilitation of former child labourers.[61]
Right to Freedom of Religion
The Right to Freedom of Religion, covered in Articles 25–28, provides religious freedom to all citizens and ensures a secular State in India. According to the Constitution, there is no official State religion, and the State is required to treat all religions impartially and neutrally.[62] Article 25 guarantees all persons the freedom of conscience and the right to preach, practice and propagate any religion of their choice. This right is, however, subject to public order, morality and health, and the power of the State to take measures for social welfare and reform.[63] The right to propagate, however, does not include the right to convert another individual, since it would amount to an infringement of the other's right to freedom of conscience.[64] Article 26 guarantees all religious denominations and sects, subject to public order, morality and health, to manage their own affairs in matters of religion, set up institutions of their own for charitable or religious purposes, and own, acquire and manage property in accordance with law. These provisions do not derogate from the State's power to acquire property belonging to a religious denomination.[65] The State is also empowered to regulate any economic, political or other secular activity associated with religious practice.[62] Article 27 guarantees that no person can be compelled to pay taxes for the promotion of any particular religion or religious institution.[66] Article 28 prohibits religious instruction in a wholly State-funded educational institution, and educational institutions receiving aid from the State cannot compel any of their members to receive religious instruction or attend religious worship without their (or their guardian's) consent.[62]
Cultural and Educational Rights
The Cultural and Educational rights, given in Articles 29 and 30, are measures to protect the rights of cultural, linguistic and religious minorities, by enabling them to conserve their heritage and protecting them against discrimination.[67] Article 29 grants any section of citizens having a distinct language, script culture of its own, the right to conserve and develop the same, and thus safeguards the rights of minorities by preventing the State from imposing any external culture on them.[67][68] It also prohibits discrimination against any citizen for admission into any educational institutions maintained or aided by the State, on the grounds only of religion, race, caste, language or any of them. However, this is subject to reservation of a reasonable number of seats by the State for socially and educationally backward classes, as well as reservation of up to 50 percent of seats in any educational institution run by a minority community for citizens belonging to that community.[69]
Article 30 confers upon all religious and linguistic minorities the right to set up and administer educational institutions of their choice in order to preserve and develop their own culture, and prohibits the State, while granting aid, from discriminating against any institution on the basis of the fact that it is administered by a religious or cultural minority.[68] The term "minority", while not defined in the Constitution, has been interpreted by the Supreme Court to mean any community which numerically forms less than 50% of the population of the state in which it seeks to avail the right under Article 30. In order to claim the right, it is essential that the educational institution must have been established as well as administered by a religious or linguistic minority. Further, the right under Article 30 can be availed of even if the educational institution established does not confine itself to the teaching of the religion or language of the minority concerned, or a majority of students in that institution do not belong to such minority.[70] This right is subject to the power of the State to impose reasonable regulations regarding educational standards, conditions of service of employees, fee structure, and the utilisation of any aid granted by it.[71]
Right to Constitutional Remedies
The Right to Constitutional Remedies empowers citizens to approach the Supreme Court of India to seek enforcement, or protection against infringement, of their Fundamental Rights.[72] Article 32 provides a guaranteed remedy, in the form of a Fundamental Right itself, for enforcement of all the other Fundamental Rights, and the Supreme Court is designated as the protector of these rights by the Constitution.[73] The Supreme Court has been empowered to issue writs, namely habeas corpus, mandamus, prohibition, certiorari and quo warranto, for the enforcement of the Fundamental Rights, while the High Courts have been empowered under Article 226 – which is not a Fundamental Right in itself – to issue these prerogative writs even in cases not involving the violation of Fundamental Rights.[74] The Supreme Court has the jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any violation, award compensation as well to the affected individual. Exercise of jurisdiction by the Supreme Court can also be suo motu or on the basis of a public interest litigation.[72] This right cannot be suspended, except under the provisions of Article 359 when a state of emergency is declared.[73]
Directive Principles of State Policy
The Directive Principles of State Policy, embodied in Part IV of the Constitution, are directions given to the State to guide the establishment of an economic and social democracy, as proposed by the Preamble.[75] They set forth the humanitarian and socialist instructions that were the aim of social revolution envisaged in India by the Constituent Assembly.[76]The State is expected to keep these principles in mind while framing laws and policies, even though they are non-justiciable in nature. The Directive Principles may be classified under the following categories: ideals that the State ought to strive towards achieving; directions for the exercise of legislative and executive power; and rights of the citizens which the State must aim towards securing.[75]
Despite being non-justiciable, the Directive Principles act as a check on the State; theorised as a yardstick in the hands of the electorate and the opposition to measure the performance of a government at the time of an election.[77] Article 37, while stating that the Directive Principles are not enforceable in any court of law, declares them to be "fundamental to the governance of the country" and imposes an obligation on the State to apply them in matters of legislation.[78] Thus, they serve to emphasise the welfare statemodel of the Constitution and emphasise the positive duty of the State to promote the welfare of the people by affirming social, economic and political justice, as well as to fight income inequality and ensure individual dignity, as mandated by Article 38.[79][80]
Article 39 lays down certain principles of policy to be followed by the State, including providing an adequate means of livelihood for all citizens, equal pay for equal work for men and women, proper working conditions, reduction of the concentration of wealth and means of production from the hands of a few, and distribution of community resources to "subserve the common good".[81] These clauses highlight the Constututional objectives of building an egalitarian social order and establishing a welfare state, by bringing about a social revolution assisted by the State, and have been used to support the nationalisation of mineral resources as well as public utilities.[82] Further, several legislations pertaining to agrarian reform and land tenure have been enacted by the federal and state governments, in order to ensure equitable distribution of land resources.[83]
Articles 41–43 mandate the State to endeavour to secure to all citizens the right to work, a living wage, social security, maternity relief, and a decent standard of living.[84] These provisions aim at establishing a socialist state as envisaged in the Preamble.[85] Article 43 also places upon the State the responsibility of promoting cottage industries, and the federal government has, in furtherance of this, established several Boards for the promotion of khadi, handlooms etc., in coordination with the state governments.[86] Article 39A requires the State to provide free legal aid to ensure that opportunities for securing justice are available to all citizens irrespective of economic or other disabilities.[87] Article 43A mandates the State to work towards securing the participation of workers in the management of industries.[85] The State, under Article 46, is also mandated to promote the interests of and work for the economic uplift of the scheduled castes and scheduled tribes and protect them from discrimination and exploitation. Several enactments, including two Constitutional amendments, have been passed to give effect to this provision.[88]
Article 44 encourages the State to secure a uniform civil code for all citizens, by eliminating discrepancies between various personal laws currently in force in the country. However, this has remained a "dead letter" despite numerous reminders from the Supreme Court to implement the provision.[89] Article 45 originally mandated the State to provide free and compulsory education to children between the ages of six and fourteen years,[90] but after the 86th Amendment in 2002, this has been converted into a Fundamental Right and replaced by an obligation upon the State to secure childhood care to all children below the age of six.[51] Article 47 commits the State to raise the standard of living and improve public health, and prohibit the consumption of intoxicating drinks and drugs injurious to health.[91] As a consequence, partial or total prohibition has been introduced in several states, but financial constraints have prevented its full-fledged application.[92] The State is also mandated by Article 48 to organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting slaughter of cattle.[93] Article 48A mandates the State to protect the environment and safeguard the forests and wildlife of the country, while Article 49 places an obligation upon the State to ensure the preservation of monuments and objects of national importance.[94] Article 50 requires the State to ensure the separation of judiciary from executive in public services, in order to ensure judicial independence, and federal legislation has been enacted to achieve this objective.[95][96] The State, according to Article 51, must also strive for the promotion of international peace and security, and Parliament has been empowered under Article 253 to make laws giving effect to international treaties.[97]
Fundamental Duties
The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year.[18][98] Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years.[51] The other Fundamental Duties obligate all citizens to respect the national symbols of India, including the Constitution, to cherish its heritage, preserve its composite culture and assist in its defense. They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life.[99] Citizens are morally obligated by the Constitution to perform these duties. However, like the Directive Principles, these are non-justifiable, without any legal sanction in case of their violation or non-compliance.[98][100] There is reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, and Article 51A brings the Indian Constitution into conformity with these treaties.[98]
Relationship between the Fundamental Rights, Directive Principles and Fundamental Duties
The Directive Principles have been used to uphold the Constitutional validity of legislations in case of a conflict with the Fundamental Rights. Article 31C, added by the 25th Amendment in 1971, provided that any law made to give effect to the Directive Principles in Article 39(b)–(c) would not be invalid on the grounds that they derogated from the Fundamental Rights conferred by Articles 14, 19 and 31. The application of this article was sought to be extended to all the Directive Principles by the 42nd Amendment in 1976, but the Supreme Court struck down the extension as void on the ground that it violated the basic structure of the Constitution.[115] The Fundamental Rights and Directive Principles have also been used together in forming the basis of legislation for social welfare.[116] The Supreme Court, after the judgment in the Kesavananda Bharati case, has adopted the view of the Fundamental Rights and Directive Principles being complementary to each other, each supplementing the other's role in aiming at the same goal of establishing a welfare state by means of social revolution.[117] Similarly, the Supreme Court has used the Fundamental Duties to uphold the Constitutional validity of statutes which seeks to promote the objects laid out in the Fundamental Duties.[118] These Duties have also been held to be obligatory for all citizens, subject to the State enforcing the same by means of a valid law. The Supreme Court has also issued directions to the State in this regard, with a view towards making the provisions effective and enabling a citizens to properly perform their duties.
HUMAN RIGHT ACT 1993
This is an Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commission in States and Human Rights Courts for better protection of Human Rights and for matters connected therewith or incidental thereto.
Be it enacted by the parliament in the forty-fourth year of the Republic of India as follows-
Chapter I
PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be called the Protection of Human Rights Act, 1993.
(2) It extends to the whole of India.
Provided that it shall apply to the State of Jammu and Kashmir only in so far as it pertains to the matters relatable to any of the entries enumerated in List I or List lll in the Seventh Schedule to the Constitution as applicable to that State.
(3) It shall be deemed to have come into force on the 28th day of September, 1993.
2. Definitions
(1) In this Act, unless the context otherwise requires-
(a) "armed forces" means the naval, military and air forces and includes any other armed forces of the Union;
(b) "Chairperson" means the Chairperson of the Commission or of the State Commission, as the case may be;
(c) "Commission" means the National Human Rights Commission under section 3;
(d) "human rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.
(e) "Human Rights Court" means the Human Rights Court specified under section 30;
(f) "International Covenants" means the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on the 16th December, 1966;
(g) "Member" means a Member of the Commission or of the State Commission, as the case may be, and includes the Chairperson;
(h) "National Commission for Minorities" means the National Commission for Minorities constituted under section 3 of the National Commission for Minorities Act, 1992;
(i) "National Commission for the Scheduled Castes and Scheduled Tribes" means the National Commission for the Scheduled Castes and Scheduled Tribes referred to in article 338 of the Constitution;
(j) "National Commission for Women" means the National Commission for Women constituted under section 3 of the National Commission for Women Act, 1990;
(k) "Notification" means a notification published in the official Gazette;
(I) "Prescribed" means prescribed by rules made under this Act;
(m) "Public servant" shall have the meaning assigned to it in section 21 of the Indian Penal Code;
(n) "State Commission" means a State Human Rights Commission constituted under section 21.
(2) Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir, shall, in relation to that State, be construed as a reference to a corresponding law, if any, in force in that State.
Chapter II
THE NATIONAL HUMAN RIGHTS COMMISSION
3. Constitution of a National Human Rights Commission
(1) The Central Government shall constitute a body to be known as the National Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.
(2) 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.
(3) The Chairpersons of the National Commission for Minorities, the National Commission for the Scheduled Castes and Scheduled Tribes and the National Commission for Women shall be deemed to be Members of the Commission for the discharge of functions specified in clauses (b) to (j) of section 12.
(4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and shall exercise such powers and discharge such functions of the Commission as it may delegate to him.
(5) The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in India.
4. Appointment of Chairperson and other Members
(1) The Chairperson and other Members shall be appointed by the President by warrant under his hand and seal.
Provided that every appointment under this sub-section shall be made after obtaining the recommendations of a Committee consisting of
(a) The Prime Minister —Chairperson
(b) Speaker of the House of the People — Member
(c) Minister in-charge of the Ministry of Home Affairs in the Government of India — Member
(d) Leader of the Opposition in the House of the People — Member
(e) Leader of the Opposition in the Council of States — Member
(f) Deputy Chairman of the Council of States — Member
Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India.
(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Committee.
5. Removal of a Member of the Commission
(1) Subject to the provisions of sub-section (2), the Chairperson or any other Member of the Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by 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 other Member, as the case may be, ought on any such ground to be removed.
(2) Notwithstanding anything in sub-section (1), the President may by order remove from office the Chairperson or any other Member if the Chairperson or such other Member, as the case may be
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment out side 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.
6. Term of office of Members
(1 ) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier.
(2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years. 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 India or under the Government of any State.
7. Member to act as Chairperson or to discharge his functions in certain circumstances
(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 President may, by notification, authorise 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 President may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
8. Terms and conditions of service of Members
The salaries and allowances payable to, and other terms and conditions of service of, the Members shall be such as may be prescribed. Provided that neither the salary and allowances nor the other terms and conditions of service of a Member shall be varied to his disadvantage after his appointment.
9. Vacancies, etc., not to invalidate the proceedings of the Commission.
No act or proceedings of the Commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Commission.
10. Procedure to be regulated by the Commission
(1) The Commission shall meet at such time and place as the Chairperson may think fit.
(2) The Commission shall regulate its own procedure.
(3) All orders and decisions of the Commission shall be audited by the Secretary-General or any other officer of the Commission duly authorised by the Chairperson in this behalf.
11. Officers and other staff of the Commission
(1 ) The Central Government shall make available to the Commission :
(a) an officer of the rank of the Secretary to the Government of India who shall be the Secretary-General of the Commission; and
(b) such police and investigative staff under an officer not below the rank of a Director General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the Commission.
(2) Subject to such rules as may be made by the Central Government in this behalf, the Commission may appoint such other administrative, technical and scientific staff as it may consider necessary.
(3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) shall be such as may be prescribed.
Chapter III
FUNCTIONS AND POWERS OF THE COMMISSION
12. Functions of the Commission
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;
(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 examine 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.
14. Investigation
(1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be.
(2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub-section (1 ) may, subject to the direction and control of the Commission.
(a) summon and enforce the attendance of any person and examine him;
(b) require the discovery and production of any document; and
(c) requisition any public record or copy thereof from any office.
(3) The provisions of section 15 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub-section (1 ) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission.
(4) The officer or agency whose services are utilised under sub-section (1 ) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Commission within such period as may be specified by the Commission in this behalf.
(5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the report subbed to it under sub-section (4) and for this purpose the Commission may make such inquiry (including the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit.
15. Statement made by persons to the Commission
No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:
Provided that the statement —
(a) is made in reply to the question which he is required by the Commission to answer; or
(b) is relevant to the subject matter of the inquiry.
16. Persons likely to be prejudicially affected to be heard
If, at any stage of the inquiry, the Commission-
(a) considers it necessary to inquire into the conduct of any person; or
(b) is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry;
it shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence:
Provided that nothing in this section shall apply where the credit of a witness is being impeached.
Chapter IV
PROCEDURE
17. Inquiry into complaints
The Commission while inquiring into the complaints of violations of human rights may-
(i) call for information or report from the Central Government or any State Government or any other authority or organisation subordinate thereto within such time as may be specified by it;
Provided that-
(a) if the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the complaint on its own;
(b) if, on receipt of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the complaint and inform the complainant accordingly;
(ii) without prejudice to anything contained in clause (i), if it considers necessary, having regard to the nature of the complaint, initiate an inquiry.
18. Steps after inquiry
The Commission may take any of the following steps upon the completion of an inquiry held under this Act namely :
(1) where the inquiry discloses, the commission of violation of human rights or negligence in the prevention of violation of human rights by a public servant, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons;
(2) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;
(3) recommend to the concerned Government or authority for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary;
(4) subject to the provisions of clause (5), provide a copy of the inquiry report to the petitioner or his representative;
(5) the Commission shall send a copy of its inquiry report together with its recommendations to the concerned Government or authority and the concerned Government or authority shall, within a period of one month, or such further time as the Commission may allow, forward its comments on the report, including the action taken or proposed to be taken thereon, to the Commission;
(6) the Commission shall publish its inquiry report together with the comments of the concerned Government or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority on the recommendations of the Commission.
19. Procedure with respect to armed forces
(1 ) Notwithstanding anything contained in this Act, while dealing with complaints of violation of human rights by members of the armed forces, the Commission shall adopt the following procedure, namely :
(a) it may, either on its own motion or on receipt of a petition, seek a report from the Central Government;
(b) after the receipt of the report, it may, either not proceed with the complaint or, as the case may be, make its recommendations to that Government.
(2) The Central Government shall inform the Commission of the action taken on the recommendations within three months or such further time as the Commission may allow.
(3) The Commission shall publish its report together with its recommendations made to the Central Government and the action taken by that Government on such recommendations.
(4) The Commission shall provide a copy of the report published under sub-section (3) to the petitioner or his representative.
20. Annual and special reports of the Commission
(1) The Commission shall submit an annual report to the Central Government and to the State Government concerned and may at any time submit 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.
(2) The Central Government and the State Government, as the case may be, shall cause the annual and special reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any.
Chapter V
STATE HUMAN RIGHTS COMMISSIONS
21. Constitution of State Human Rights Commissions
(1) A State Government may constitute a body to be known as the ....................... (name of the State) Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission under this chapter.
(2) The State Commission shall consist of
(a) a Chairperson who has been a Chief Justice of a High Court;
(b) one Member who is, or has been, a Judge of a High Court;
(c) one Member who is, or has been, a district judge in that State;
(d) two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
(3) There shall be a Secretary who shall be the Chief Executive Officer of the State Commission and shall exercise such powers and discharge such functions of the State Commission as it may delegate to him.
(4) The headquarters of the State Commission shall be at such place as the State Government may, by notification, specify.
(5) A State Commission may inquire into violation of human rights only in respect of matters relatable to any of the entries enumerated in List II and List lll in the Seventh Schedule to the Constitution:
Provided that if any such matter is already being inquired into by the Commission or any other Commission duly constituted under any law for the time being in force, the State Commission shall not inquire into the said matter:
Provided further that in relation to the Jammu and Kashmir Human Rights Commission, this sub-section shall have effect as if for the words and figures "List ll and List lll in the Seventh Schedule to the Constitution", the words and figures "List lll in the Seventh Schedule to the Constitution as applicable to the State of Jammu and Kashmir and in respect of matters in relation to which the Legislature of that State has power to make laws" had been substituted.
22. Appointment of Chairperson and other Members of State Commission
(1) The Chairperson and other Members shall be appointed by the Governor by warrant under his hand and seal:
Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of
(a) the Chief Minister — Chairperson
(b) Speaker of the Legislative Assembly — Member
(c) Minister in-charge of the Department of Home, in that State — Member
(d) Leader of the Opposition in the Legislative Assembly — Member
Provided further that where there is a Legislative Council in a State, the Chairman of that Council and the Leader of the Opposition in that Council shall also be members of the Committee.
Provided also that no sitting Judge of a High Court or a sitting District Judge shall be appointed except after consultation with the Chief Justice of the High Court of the concerned State.
(2) No appointment of a Chairperson or a Member of the State Commission shall be invalid merely by reason of any vacancy in the Committee.
23. Removal of a Member of the State Commission
(1) Subject to the provisions of sub-section (2), the Chairperson or any other member of the State Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference being made to it by 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 other Member, as the case may be, ought on any such ground to be removed.
(2) Notwithstanding anything in sub-section (1), the President may by order remove from office the Chairperson or any other Member if the Chairperson or such other 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.
24. Term of office of Members of the State Commission
(1 ) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier;
(2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years;
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.
25. Member to act as Chairperson or to discharge his func tions in certain circumstances
(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, authorise 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 Members of the State Commission
The salaries and allowances payable to, and other terms and conditions of service of, the 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 a Member shall be varied to his disadvantage after his appointment.
27. Officers and other staff of the State Commission
(1) The State Government shall make available to the Commission
(a) an officer not below the rank of a Secretary to the State Government who shall be the Secretary of the State Commission; and
(b) such police and investigative staff under an officer not below the rank of an Inspector General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the State Commission.
(2) subject to such rules as may be made by the State Government in this behalf, the State Commission may appoint such other addministrative, technical and scientific staff as it may consider necessary.
(3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) shall be such as may be prescribed by the State Government.
28. Annual and special reports of State Commission
(1 ) The State Commission shall submit an annual report to the State Government and may at any time submit 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.
(2) The State Government shall cause the annual and special reports of the State Commission to be laid before each House of State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House along with a memorandum of action taken or proposed to be taken on the recommendations of the State Commission and the reasons for non-acceptance of the rections, if any.
29. Application of certain provisions relating to National Hu man Rights Commission to State Commissions
The provisions of sections 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall apply to a State Commission and shall have effect, subject to the following modifications, namely :-
(a) references to "Commission" shall be construed as refer ences to "State Commission";
(b) in section 10, in sub-section (3), for the word "Secretary General", the word "Secretary" shall be substituted;
(c) in section 12, clause (f) shall be omitted;
(d) in section 17, in clause (i), the words "Central Government or any" shall be omitted;
Chapter VI
HUMAN RIGHTS COURTS
30. For the purpose of providing speedy trial of offences arising out of violation of human rights, the State
Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Session to be a Human Rights Court to try the said offences.
Provided that nothing in this section shall apply if
(a) a Court of Session is already specified as a special court; or
(b) a special court is already constituted, for such offences under any other law for the time being in force.
31. Special Public Prosecutor
For every Human Rights Court, the State Government shall, by notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.
Chapter VII
FINANCE, ACCOUNTS AND AUDIT
32. Grants by the Central Government
(1) The Central Government shall after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.
(2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).
33. Grants by the State Government
(1) The State Government shall, after due appropriation made by Legislature by law in this behalf, pay to the State Commission by way of grants such sums of money as the State Government may think fit for being utilised for the purposes of this Act.
(2) The State Commission may spend such sums as it thinks fit for performing the functions under Chapter V, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).
34. Accounts and Audit
(1 ) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptrollerand Auditor-General of India.
(2) The Accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General or any person appointed by him in connection with the audit of the accounts of the Commision under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government ac counts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.
(4) The accounts of the Commission as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded only to the Central Government by the Commission and the Central Government shall cause the audit report to be laid as soon as may be after it is received before each House of Parliament.
35. Accounts and Audit of State Commission
(1) The State Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the State Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General or any person appointed by him in connection with the audit of the accounts of the State Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Commission.
(4) The accounts of the State Commission, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government by the State Commission and the State Government shall cause the audit report to be laid, as soon as may be after it is received, before the State Legislature.
Chapter VIII
MISCELLANEOUS
36. Matters not subject to jurisdiction of the Commission
(1 ) The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.
(2) 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 commited.
37. Constitution of special investigation teams
Notwithstanding anything contained in any other law for the time being in force, where the Government considers it necessary so to do, it may constitute one or more special investigation teams, consisting of such police officers as it thinks necessary for purposes of investigation and prosecution of offences arising out of violations of human rights.
38. Protection of action taken in good faith
No suit or other legal proceeding shall lie against the Central Government, State Government, Commission, the State Commission or any Member thereof or any person acting under the direction either of the Central Government, State Government, Commission or the State Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or any order made thereunder or in respect of the publication by or under the authority of the Central Government, State Government, Commission or the State Commission of any report paper or proceedings.
39. Members and officers to be public servants
Every Member of the Commission, State Commission and every officer appointed or authorised by the Commission or the State Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
40. Power of Central Government to make rules
(1 ) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely :
(a) the salaries and allowances and other terms and conditions of service of the Members under section 8;
(b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 11;
(c) any other power of a civil court required to be prescribed under clause (f) of sub-section (1) of section 13;
(d) the form in which the annual statement of accounts is to be pre pared by the Commission under sub-section (1 ) of section 34; and
(e) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
41. Power of State Government to make rules
(1 ) The State Government may, by notification, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the fore ing power, such rules may provide for all or any of the following matters, namely :
(a) the salaries and allowances and other terms and conditions of service of the members under section 26;
(b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the State Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 27;
(c) the form in which the annual statement of accounts is to be prepared under sub-section (1 ) of section 35.
(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
42. Power to remove difficulties
(1 ) If any difficulty arises in giving effect to the provisions of this Act, the Central Government, may by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.
Provided that no such order shall be made after the ex ry of the period of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each house of Parliament.
43. Repeal and Savings
(1) The Protection of Human Rights Ordinance, 1993 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act.
National Human Rights Commission of India
The National Human Rights Commission (NHRC) of India is an autonomous statutory body established on October 12, 1993 [1], under the provisions of The Protection of Human Rights Act, 1993 [2] (TPHRA). The Commission is in conformity with the Paris Principles - a broad set of principles agreed upon by a number of nations for the promotion and protection of human rights, in Paris in October 1991.
Functions
TPHRA mandates the NHRC to perform the following functions:
1. proactively or reactively inquire into violations of human rights or negligence in the prevention of such violation by a public servant
2. visit 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 and make recommendations
3. 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
4. review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures
5. study treaties and other international instruments on human rights and make recommendations for their effective implementation
6. undertake and promote research in the field of human rights
7. spread 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
8. encourage the efforts of NGOs and institutions working in the field of human rights
such other function as it may consider it necessary for the protection of human rights.
take suo motu action, if required in a case if the victim is not in a position to access a court.
The current chairman of NHRC of India is Hon'ble Justice Shri Justice.H.L.Dattu,
Composition and Appointment
Sections 3 and 4 of TPHRA lay down the rules for appointment to The NHRC. The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of
The Speaker of the House of the People: Member
The Minister-in-charge of the Ministry of Home Affairs in the Government of India: Member
The Leader of the Opposition in the House of the People: Member
The Leader of the Opposition in the Council of States: Member
The Deputy Chairman of the Council of States: Member
The NHRC consists of:
A Chairperson who has been a Chief Justice of the Supreme Court of India
One Member who is, or has been, a Judge of the Supreme Court of India
One Member who is, or has been, the Chief Justice of a High Court
Two Members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights
NATIONAL SC/ST COMMISSION
The National Commission for Scheduled Castes and Scheduled Tribes was established in 1992. The First Report of the Commission was submitted to the President of India on the 15th August, 1994. The historical background which led to the setting up of the Constitutional National Commission for SC & ST after the amendment of Article 338 of the Constitution of India by the Constitution (Sixty-fifth Amendment) Act, 1990, has been covered in the First Report of the-Commission.
The Commission handles complaints and petitions on violations against the rights. It also makes field enquiries in reported cases of atrocities on persons belonging to the Scheduled Castes and Scheduled Tribes.
India has completed five decades of its existence as a free and demoractic nation committed to secure to all its citizens social, economic and political justice. The highest ideals enshrined in the Constitution of India have been sought to be converted into reality through various legislative, administrative and developmental measures over the last four decades. These measures have no doubt brought about a change and, more importantly, -they have brought in a sense of awareness amongst the downtrodden. The sections of the society which had been neglected since times immemorial and whose existence was often pathetic beyond contemplation, not only in economic terms but also in terms of social hierarchy, have begun to assert their rights. The provisions of the -Constitution backed by a series of measures have also brought about a certain degree of insistence about the enjoyment of rights guaranteed to them. They also claim for themselves a more significant role in the management of the affairs of the country at all levels. It is a matter of satisfaction that this has started to happen although it has taken much longer than was desirable.
In today's world changes take place very quickly. What took decades to happen earlier now happens within a matter of weeks. Information and news flow from one part of the world to another in matters of seconds. Influence of alien cultures, specially of the West, is penetrating deep into the roots of society in many developing countries. In India too rapid changes have occurred in many spheres in the last eight to ten years. In the recent years the Indian economic scene has also been undergoing a major transformation. Two important policy directions of liberalisation and privatisation of industrial and economic activities and opening up of certain segments to private sector are significant changes whose impact will have long term consequences. Coupled with this is the importance being laid on up-to-date technology as it is felt that without access to high technology the country would be left behind in the race that is constantly affecting the international scene. The new policy direction no doubt has its protagonists and antagonists and arguments can be advanced both in favour of and against these measures. This Commission would not be concerned with purely economic arguments but it would be failing in its responsibility if it does not take note of the realities of the present and the hopes and fears of the future of the Scheduled Castes and Scheduled Tribes. While it is too early to take a clear cut view on the new direction the Commission would urge that alongwith the measures of privatisation parallel measures should be initiated simultaneously to protect the legitimate interests of SC & ST. It may happen that those who are already advanced and equipped to face competition only get to gain in the changed dispensation. Therefore, it is necessary to build up stronger support system alongwith very special efforts to equip those who had been deprived of opportunities and support in the past.
National Commission for Women
The National Commission for Women (NCW) is a statutory body constituted under the National Commission for Women Act, 1990 (No. 20 of 1990) on 31st January, 1992 with a view to protect, promote and safeguard the interests and rights of women.
The current chairperson of the commission is Mrs. Rekha Sharma, Chairperson
Functions
8.2.1 The functions of the Commission as enumerated under Section 10 of the National Commission for Women Act, 1990 are as follows:
1) Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;
2) Present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
3) Make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any State;
4) Review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations;
5) Take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;
a) Deprivation of women’s rights;
b) Non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;
c) Non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities;
7) Call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal;
8) Undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impeding their advancement, such as lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;
9) Participate and advise on the planning process of socio-economic development of women;
11) Inspect or cause to be inspected a jail, remand home, women’s institution or other place of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary;
13) Make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil; and
14) Any other matter which may be referred to it by Central Government.
The Central Government shall consult the Commission on all policy matters affecting women Section 16 of the National Commission for Women Act, 1990)
Activities
The Complaints and Investigation Cell is the core unit of the Commission. It processes complaints received by the Commission orally, in writing or suo moto on the basis of newspaper reports under Section 10 of the NCW Act.
During the period April, 2003 to March, 2004 the Commission processed 5462 complaints relating to domestic violence, dowry, torture, rape, sexual harassment at work place etc, in the following manner:
Specific cases of police apathy were taken up with senior police authorities for investigations and the progress of the investigation were monitored at periodic intervals;
Family disputes were resolved through counselling ;
For serious cases, Inquiry Committees were set up by the Commission, and their recommendations monitored for their implementation on a regular basis.
A list of cases where Inquiry Committees were set up during 2003-04 under Section 8 of the NCW Act, 1990
Studies sponsored by the NCW
The following studies were sponsored by the Commission during the year under report:
Contribution of Women Political Elite: Implications for Women’s Empowerment.
Gender Budgeting.
o Marketable skills in the wake of Globalization: A study in the Indian Context.
o Impact of conflict on women in Nagaland and Tripura.
o Violence against Women: An Enquiry in Imphal, Churachandpur and Tamenglong Distt. of Manipur.
o Status of Women Scientists in Delhi: Identification of problems and their solutions.
o Survey of Disabled girls: Prevalence patterns in Maharashtra.
o Study on Development Induced Displacement in India: Impact on Women.
o Emerging status of women migrants from Bangladesh to West Bengal and Orissa during 1971-2001.
o Coparcenary rights/property rights of Women in Karnataka, Andhra Pradesh and Maharashtra
o Study on Violence against Women in the Private Domain: Reaction and Action of Law Enforcement Agency in Chennai.
o Study on “Women and Water”.
o Study on Girls Hostels in Madhya Pradesh.
o Women in Agriculture vis-à-vis WTO.
o Assessment of custodial institutions and Nari Niketans.
Publications
The following publications were brought out by the Commission during the year
under report:-
1. Situational analysis of women in Uttar
Pradesh, Kerala and Rajasthan
2. Working of Family Courts- Model Family Core Groups
3. Women in Governance
4. Report on War Widows
5. Life after Death – Journey into the lives of War Widows
6. Welfare of Muslim Women
State Human Rights Commission, Tamil Nadu
This Commission was constituted in accordance with the powers conferred on the State under section-21 of the Protection of Human Rights Act, 1993 (Central Act 10 of 1994) the exercise the powers conferred upon and perform the functions assigned to it provided under this Act.
Tamil Nadu is one of the very few States which has constituted a Commission for the Human Rights.
It would not be out of place to mention that India was a party to the International covenant on civil and political rights and the international covenant to Economic, Social and Cultural rights, both of which were adopted by the United Nations General Assembly on 16th December 1966 and the rights embodied in those covenants stood substantially protected by the Constitution of India. Having regard to this, and to the changing social realities and emerging trends in t nature of crime and violence, it had been considered essential to review the existing laws a procedure and the system of administration with a view to bringing about greater efficiency and transparency, the Government of India constituted National Human Rights Commission 12th October 1993 and for the same reasons and objects and with a view to provide easy a close access to the needy victims of violation, the State Human Rights Commission was constituted in the state of Tamil Nadu on 17.4.1997. At the time of constitution, Tamil Nadu was the fifth State to form this Commission, the others being the States of West Bengal, Madhya Pradesh, Assam and Himachal Pradesh. Two other States Punjab and Jammu and Kashmir have since constituted the State Commission.
As under section 21 of the above Act, the Government in its order in G.O.Ms. 1465 1466 Public (L&O) Dept. dated 20.12.1996, Constituted the State Human Rights Commission with the following members:
a) A Chairperson who has been a Chief Justice of the High Court.
(b) One member who is or has been a judge of the High Court.
(c) One Member who is or has been a judge of the District Court.
(d) Two members to be appointed from amongst persons having knowledge of or practical experience, in matters relating to human rights.
(e) One Secretary not below the rank of the Secretary to Government who shall be the ( Executive Officer of the State Commission.
In accordance with section 22 of the Act, the Chairperson and Members of the Commission were appointed by the Governor on the basis or the recommendations of the Committee comprising the Chief Minister as the Chairperson and the Speaker of the Legislative Assembly the Minister in charge of the Dept. of Home, Leader of Opposition in the Legislative Assembly as Members.
In accordance with section 26 of the Act, the State Government has notified the salaries ; allowances payable to the Chairperson and Members of the Commission as also the terms and conditions of their services in its order in G.O.Ms.No. 1465, Public (L&O) dated 20.12.1996.
In exercise of the powers conferred on it by Section 10 (2) of the Act, the Commission has issued regulations, governing the procedures to be followed in the conduct of its business and the same have been duly notified in the Government Gazette.
It may also be seen from the provisions of the section 27 of the Protection of Human Rights Act 1993, that the Commission will be equipped with an Investigative wing, Technical Wing and a Scientific wing and, in effect, Section 27 1 (b) and 2 reads as follows:
Officers and staff of the State Commission.
The State Government shall make available to the commission:
(a) such police and investigative staff under an Officer not below the rank of an Inspector General of Police and such other Officers and staff as may be necessary for the efficient performance of the functions of the State Commission.
(b) Subject to such rules as may be made by the State Government in this behalf, the State Commission may appoint such other administrative, technical and scientific staff a: it may consider necessary.
The functions of the SHRC include considerable scope and range of the functions envisaged for the Commission under sec 12 of the Act, "all or any" of which except what is stated under clause (f) of the section relating to treaties and other International instruments on Human Rights which can be dealt with by the National Human Rights Commission only, are to be performed by this Commission. These functions are to:
(a) inquire suo motu or on a petition presented to it, by a victim, or any person on his be 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, per 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 of 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) Not applicable to State Human Rights Commission.
(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 n 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 promotion of human rights
Protection and promotion of human rights constitute the principal concern of the Commission. Pursuant to this objective, the Commission is committed to discharge its functions assigned to it under the Act with transparency and autonomy. The autonomy of the Commission emanates, inter alia, from the procedures relating to the appointment of the Members, the security of their tenure, their stature, the safeguards provided under Section 23 and 24 of the Act and the status accorded to the Commission under overall scheme of the Act. The financial autonomy of the Commission is implied under provisions of Section 33 of the Act.
National Human Rights Commission
National Commission for Minorities
Rights of Persons with Disabilities
12) Fund litigation involving issues affecting a large body of women;
10) Evaluate the progress of the development of women under the Union and any State;
6) Look into complaints and take suo moto notice of matters relating to: