In this post we will discuss about powers of Human Rights Commission under The Protection of Human Rights Act, 1993
POWER OF STATE HUMAN RIGHTS COMMISSION TO ORDER FIR
Introduction-:
The Protection of Human Rights Act of 1993 inculcates the creation of State Human Rights Commission at the state level. A State Human Rights Commission can inquire into violation of human rights related to subjects covered under state list and concurrent list in the seventh schedule of the Indian constitution. The commission was created for the sole purpose of delivering immediate justice to the victims who have been deprived of providing instant relief after their rights being violated. Commission can look into the matters that occurred within a year and can inquire into any person who even may be the subject of certain privilege for any information in any given amount of time under any law considered to be the subject of the issue raised. It has all the powers similar to civil court and proceedings will have judicial character while the matter is being decided.
Composition-:
It has chairman and two members. Chairman should be retired chief justice of HC and members should be a serving or retired judge of HC or district judge with 7 years’ experience and a person of knowledge or practical experience in field of human rights. The exposure of the judges is quintessential for the making of the bench consisting accurate strength in the judgements rendered.
Functions of the commission-:
The State Commission, while enquiring into the complaints under the Protection of Human Rights Act, have all the powers of Civil Court trying a suit under the Code of civil Procedure, 1908, and in particular in respect of the following matters, namely,
- Summoning and enforcing the attendance of witness and examining them on oath.
- Discovery and production of any document.
- Receiving evidence on affidavits
- Requisition of any public record or copy thereof from any court or office.
- Issuing commissions for thr examination of witnesses or documents.
- Any other matters which maybe prescribed.
And if in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the enquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of Sections 176 and 177 of the Indian Penal Code.
Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for 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.
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Inquiry into complaints (Power of State Human Rights to order FIR if it deems necessary)
The Commission while inquiring into the complaints of violation of human rights may call for information or report from the State Government or any other authority or organization subordinate thereto. The Commission, should it consider if necessary, may suo motu initiate an inquiry. The Commission may take any of the following steps upon the completion of an inquiry held under the Act, namely-:
(i) 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;
(ii) Approach the Supreme Court or the High Court concerned for such directions, orders or writs as that court may deem necessary;
(iii) 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;
(iv) subject to the provisions of Clause (5) provide a copy of the inquiry report to the petitioner or his representative;
(v) the Commission shall send a copy of its inquiry report together with its recommendations to the State 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;
(vi) the Commission shall publish its inquiry report together with the comments of the concerned Government or authority, if any, and the action take or proposed to be taken by the concerned Government or authority on the recommendations of the Commission.
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Scope of the functions of state commission-:
SECTION 12 of protection of human right act 1993 lays down the the scope and the range of the functions assigned to the State Commission. The State shall perform all or any of the following functions, namely,
- inquire, suo motu or on a petition presented to it by a victim or any person on his behalf into the complaint of—
–violation of human rights or abetment thereof or negligence in the prevention of such violation, by a public servant;
(b) intervene in any proceeding involving any allegation of violation or 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) undertake and promote research in the field of human rights;
(g) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;
(h) encourage the efforts of non-governmental organizations and institutions working in the field of human rights;
(i) such other functions as it may consider necessary for the promotion of human rights.
This post is written by Prerana Yadav.
For case specific advice, please contact best top expert State Punjab Human Rights Commission/ State Haryana Human Rights Commission Lawyer Advocate in Chandigarh Panchkula Mohali Derabassi Zirakpur Balatana Kharar Mullanpur etc
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