Functions and Duties of Human Rights Commissions

Protection of Human Right Act, 1993 On 8 th January, National Human Rights Institutes (NHRI) first international Workshop on National Institutes – Commission on Human Rights Organized World Conference in Vienna and the Programme of Action.

Civil Rights protection Commissioner Human Right Commission Human Right Institutions on 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 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 :

Investigation – (I) alternative resolution, (II)seeking redress, (III) remedies through courts, tribunals by way off 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 principles The Paris principles define Human Rights 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 human right d) Draw the attention of the government on the human violations

e) Promote and ensure the harmonization of national legislation With international Human Right 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 right and to take part in their execution in schools, universities and professional circles. j)To publicize human right and efforts to combat all forms of discrimination by increasing public awareness.

THE PROTECTION OF HUMAN RIGHTS ACT, Constitution of National Human Rights Commission. 2. Appointment of Chairperson and other Members. 3. Registration and removal of Chairperson and members. 4. Terms of office of Chairperson and Members 5. Members to act as Chairperson or to discharge his functions in certain circumstances.

6. Terms and conditions of service of Chairperson and Member. 7. Vacancies not to invalidate the proceedings of the Commission. 8. Procedure to be regulated by the Commission. 9. Officers and other staff of the Commission. 10. Functions of the Commission.

11. Powers relating to inquiries. 12. Investigation. 13. Statement made by persons to the Commission. 14. Persons likely to be prejudicially affected to be heard. 15. Inquiry into complaints. 16. Steps during and after inquiry.

17. Procedure with respect to armed forces. 18. Annual and special reports of Commission. 19.Constitution of State Human Rights Commission. 20. Appointment of Chairperson and Members of State Commission. 21. Resignation and Removal of Chairperson or a Member of the State Commission.

22. Terms of office of Chairperson and Members of the State Commission. 23. Member to act as Chairperson or to discharge his functions in certain circumstances. 24. Terms and conditions of service of Chairperson and Members of the State Commissions. 25. Officers and other staff of the State Commission.

26. Annual and special reports of State Commission. 27. Application of certain provisions relating to National Human Rights Commission to State Commissions. 28. 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 Court, by notification, specify for each district a Court of Session to be a Human Rights Court to try the said offence.

29. Appointment of Special Public Prosecutor. 30. Grants by the Central Government. 31. Grants by the State Government. 32. Accounts and Audit 33. Accounts and Audit of State Commission. 34. Matters not subject to jurisdiction of Commission.

35. Constitution of special investigation teams. 36. Protection of action taken in good faith. 37. Members and officers to be public servants. 38. Power of Central Government to make rules. 39. (A) Power to make rule retrospectively.

39. (B) subject to the provisions of this Act and the rules made thereunder, the Commission may, with the previous approval of Central Government, by notification, make regulations to carry out the provisions of this Act.

40. Power of State Government to make rules. 41. Power to remove difficulties. 43. Repeal and Savings.

(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; Section 12 gives the role of the NHRC and SHRCs as given below:

(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 established In the year 2000 and started functioning from March 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 3 rd party person is required  Independent investigation team  Immediate compensation as interim relief from  the Government  The Commission can approach the Supreme Court or the High Courts  Speedy justice possible of the access to justice in the human rights commission are the following -

Appointment Accountability Fulfill the mandate evenly : Stress of the Human Rights Commissions Look into the complaints mainly and the other responsibilities have not been looked 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 to 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 28, 29)

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