The Protection of Human Rights Act, 1993

Functions and Duties of Human Rights Commissions

• Protection of Human Right Act, 1993 . 8 th January, 1994.

• National Human Rights Institutes (NHRI)

• 1991 - first international Workshop on National Institutes.

• 1978 – Commission on Human Rights

• 1993 - World Conference in Vienna and the Programme of Action.

• Civil Rights protection

• Commissioner

• Human Rights Commission

• Human Rights Institutions or centers

• Ombudsman and

• Public defenders / protectors

The NHRIs have different forms

• They are state institutions with a mandate to promote and protect human rights;

• They are headed by a number of full time or part time members who are decision makers;

• Investigation is a core function and they can receive individual complaints;• They have authority to make recommendations following Investigation.

The Human Rights Commission share following attributes:

I ) public education through awareness campaign and (II) training in general and (III) especially for groups like NGOs, police, prisons officials, armed force, journalists and judiciary. (IV) publications – (V) Annual reports – (VI) Seminars and workshop- (VII) Community based initiative – (VIII) development of curriculum for school and colleges in partnership with educational authorities,(ix) media events, (X) press release/ conferences.

Promotional Role :Ro

le

Investigation –

(I) alternative resolution, (II) seeking redress, (III) remedies through courts, tribunals by way of amicus curiae where necessary, (IV) receiving individual complaints, (V) public enquiry, (VI) protect the human right defenders, (VII) review conditions in detention facilities, (VIII) visiting facilities unannounced and requesting to

provide interviews with detainers

Protection Role:

Submit opinions /recommendations, proposals and reports on matters regarding promotion & protection of human rights relating to the following.

The Paris principle The Paris principle defines Human Right Institutions roles

a) Examine legislation & administrative provisions

b) Look into any situation of violations of human right c) Prepare reports on the national situation related to human rights

d) Draw the attention of the government on the human rights violations

e) Promote and ensure the harmonization of national legislation

With international Human Rights Instruments

f) To encourage ratification of above mentioned instruments

g) To contribute to the reports required to submit to the United Nations Bodies and Committees.

h) To co- operate with the United Nations systems in the areas of protection and promotion of human right.

i) To assist in the formulation of program for the teaching of and research in to human rights and to take part in their execution in schools, universities and professional circles.

j) To publicize human rights and efforts to combat all forms of discrimination by increasing public awareness.

(a) Inquire, suo motu or on a petition presented to it by a victim or any person on his behalf (or on a direction or order of any court) into complaint or

• 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 of human rights pending before a court with the approval of such court;

Sanction 12 gives the role of the NHRC and SHRCs as given balow:

The Protection of Human Rights Act, 1993

(C) visit, not with standing anything contained in any other law for the time being in force, any jail or other institution under the control of the state Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates there of and recommendations thereon to the government;

d) Review the safe guards 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 organizations and institutions working in the field of human rights;

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

• Chairperson is a retired Chief justice of the high Court .

• As per the amendment in 2006, the number of members has been reduced to 2.

• Most of the human rights violations cases, i.e. 35% which are admitted in the Commission are against the police department.

The Maharashtra State Human Rights Commission, Mumbai

The Maharashtra state Human Rights Commission, Mumbai was establishedin the year 2000 and started functioning from March 2001. It is located in Mumbai.

• The UDHR is reflected in our constitutions at Part III, Fundamental Rights, and Part IV, the Directive Principles of State Policy. The higher courts have also adjudicated that Article 21 i.e. Right to life can be extrapolated to mean social and economic rights.

Complaint on paper

No Advocate or 3rd party person is required

Independent investigation team

Immediate compensation Can make recommendations to the Government

The Commission can approach the Supreme court or the High court

Speedy justice possible

of the access to justice in the Human Rights Commissions are the following -

Appointment

Accountability

Fulfill the mandate evenly Stress of the Human Rights Commissions

Look into the complaints and the other responsibilities have not been into

The State Human Rights Commissions have not made any reports regarding changes necessary in by laws so as to ensure protection of human rights.

Areas that constrain proper functioning and requires changes to strengthen access of justice.

Research in human rights.

Ill equipped due to constraints of trained personnel.

Spread human rights literacy through seminars.

Encouraging the efforts of the NGO’s and other institutions

Accessibility

Staff needs

Co-operation with civil society

Human Rights Courts Section 30

Human Rights violations not under the purview of the Protection of Human Rights Act, 1993

SHRCs must reach out to the people – victims, civil society, NGOs who are with the victims, institutions which can function as center for advocacy and are defenders of human rights as equal partners.

SHRCs need to introspect and fill the gaps by collaboration with civil society and outside experts as partners in defending of Human Rights.

Human Rights Action Plan

Grants for the running of the Commission

Maintaining Compliance

Seminars, Internship and Attachments

ONHUMAN RIGHTS

NO. 224/2009-10

Shri N. C. Oza Vs.

Collector, Wardha & other

Custodial death at Wardha Dist. Prison due to negligence and illegal detention.

Maharashtra State Human Rights Commission

NO. 5254/2008-9

Shri S. S. MatondkarVs.

Commissioner, Brihanmumbai Municipal

CorporationLoss of eye due to negligence on the road maintenance.

NO. 1792/2006-07

Shri Wasim Khan, Akhil bhartiya Manav Adhikar

Nagarik VikalpVs.

Commissioner, Bhiwandi Mahanagar Palika &

other.Creation of Air & water pollution through small scale industries in residential area.

NO. 109/1-2007-08

Shri Salian Vs.

K.E.M. Hospital & BMC

Permission to visit patient in ICU

NO. 112 & 113/2006-07

Shri Bhimrao Wankhede Vs.

Secretary, Rural Development Department

& otherInclusion of Name in the list of BPL

NO. 4197/2010-11

Mrs. Sarangi MahajanVs.

Suprintendent of District Prison, Nashik

Death due to medical negligence in prison

NO. 4 & 5724/2007-08

Megha PatkarVs.

Chief Secretary/Director General of Police,

Mumbai Provocative speech & rioting by activists of political party.

NO. 5000/2008-09

Dr. Kirit Somaiya Vs.

Chief Secretary.

Suitable compensation and relief for the victims of terrorist attack in Mumbai city on 26 Nov, 2008

Year 2000-01

Killing of 35 Members of Sikh Community in Anantnag District of Jammu & Kashmir by Militants.(Case No. 206/9/1999-2000)

NHRC CASE STUDIES

Enhanced compensation to persons affected by the activities of extremists in Andhra Pradesh

AS PER COMMISSIONS VISIT TO ANDHRA PRADESH

Militants Attack ‘Langer’ – “7 Vaishno Devi Pilgrims Killed”. Jammu & Kashmir [Case No: 58/9/2003-2004(FC)]

Measures to prevent death due to starvation : Orissa (Case No. 37/3/97-LD)

Release of Bonded Labourers and their Rehabilitation : Punjab. (Case 663/19/1999-2000)