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INTRODUCTION
The protection of human rights act, 1993 (an act of parliament) provides for
establishment of Human rights commissions at the national and the state level for the
better protection of the human rights and for the matter therewith connected or
incidental thereto. It came into force on 8 th January, 1994.
Every individual must have some rights against the State or other Public authority by
virtue of being a member of the human family and such rights are `human rights`. The
concept of human rights is as old as ancient doctrine of natural rights based on natural
law.
Human rights as are commonly known now are of recent origin. They emerged from
post-second world war International Charters and Conventions. The first documentary
use of the expression `human rights` is to be found in the charter of the United Nations,
which was adopted after the Second World War at San Francisco on 25 th June, 1945.
This charter was not binding. It merely stated the ideals which were to be later
developed by different agencies and organs. The U.N. General Assembly in December,
1948, by adopting the Universal Declaration of Human rights, took concrete steps
towards formulating the human rights. Universal Declaration of Human rights was not
legally binding and U.N. had no machinery for its enforcement. The deficiency was
sought to be removed by U.N. General Assembly in December, 1965, by adopting two
covenants for the observance of human rights
1 The Covenant on Civil and Political rights
2 The Covenant on Economic, Social and Cultural rights.
The first one formulated legally enforceable rights of the individual and the second one
was addressed to the states to implement them by legislation. The two Covenants came
into force in December, 1976, after requisite number of member states ratified them.
Many states ratified them subsequently at the end of 1881. These Covenants are
therefore legally binding on the ratifying states.
the better protection of human rights and for matters connected therewith or incidental
thereto. To replace this ordinance the Protection of Human Rights Bill, 1993 was
introduced in Lok Sabha.
Many of the basic ideas that animated the human rights movement developed in the
aftermath of the Second World War and the atrocities of The Holocaust, culminating in
the adoption of the Universal Declaration of Human Rights in Paris by the United
Nations General Assembly in 1948. Ancient peoples did not have the same modern-day
conception of universal human rights. The true forerunner of human rights discourse
was the concept of natural rights which appeared as part of the medieval natural
law tradition that became prominent during the Enlightenment with such philosophers
as John Locke, Francis Hutcheson, and Jean-Jacques Burlamaqui, and which featured
prominently in the political discourse of the American Revolution and the French
Revolution. From this foundation, the modern human rights arguments emerged over
the latter half of the twentieth century, possibly as a reaction to slavery, torture,
genocide, and war crimes, as a realization of inherent human vulnerability and as being
a precondition for the possibility of a just society.
Whereas recognition of the inherent dignity and of the equal and inalienable rights of
all members of the human family is the foundation of freedom, justice and peace in the
world.
1st sentence of the Preamble to the Universal Declaration of Human Rights
All human beings are born free and equal in dignity and rights.
Article 1 of the United Nations Universal Declaration of Human Rights (UDHR)
to 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
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
review the factors, including acts of terrorism that inhibit the enjoyment of human
rights and recommend appropriate remedial measures
to study treaties and other international instruments on human rights and make
recommendations for their effective implementation
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.
COMPOSITION
The NHRC (National Human Rights Commission) consists of:
A Chairperson
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
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 Leader of the Opposition in the Lok Sabha (House of the People)
(c) One Member 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 II and List III in the Seventh Schedule to the Constitution,
the words and figures List III 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.
(6) Two or more State Governments may, with the consent of a Chairperson or Member
of a State Commission, appoint such Chairperson or, as the case may be, such Member
of another State Commission simultaneously if such Chairperson or Member consents
to such appointment: Provided that every appointment made under this sub-section
shall be made after obtaining the recommendations of the Committee referred to in subsection(1) of section 22 in respect of the State for which a common Chairperson or
Member, or both, as the case may be, is to be appointed.
1 ASSAM
2 ANDHRA PRADESH
3 BIHAR
4 CHHATTISGARH
5 GUJARAT
6 GOA
7 HIMACHAL PRADESH
8 JAMMU & KASHMIR
9 KARNATAKA
10 KERALA
11 MADHYA PRADESH
12 MAHARASTHRA
13 MANIPUR
14 ODISHA
15 PUNJAB
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22
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TAMIL NADU
UTTAR PRADESH
WEST BENGAL
JHARKHAND
SIKKIM
UTTARAKHAND
HARYANA
RAJASTHAN
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(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.
(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,
authorize 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.
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The salaries and allowances payable to, and other terms and conditions of service of,
the Chairperson and 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 the Chairperson or a Member shall be varied to his disadvantage after his
appointment.
(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 administrative, technical and scientific staff
as it may consider necessary.
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(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.
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(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.
INTRODUCTION
The Protection of Human Rights Act 1993, (an Act of the Parliament), provides for
establishment of the National Human Rights Commission at the national level and State
Human Rights Commissions at the state level. In the State of Chhattisgarh, the CG
Human Rights Commission was established on 16th April 2001. Shri Justice K. M.
Agrawal, a former Chief Justice of Sikkim High Court was appointed as Chairperson
and Shri K. A. Jacob, former D. G. P. of Bihar was appointed as member vide
Notification No. 4139/GAD/2001 with effect from the date they assumed charge of the
office.
The Human Rights Commission is an autonomous high power human rights watch body
which derives its authority from the Protection of Human Rights Act, 1993. Its autonomy
lies, among other things, in the method of appointment of its Chairperson and Members,
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their fixed tenure and the statutory guarantee provided in section 23 of the Act, and the
financial autonomy referred to in section 33 of the Act. The high status of the
Commission is found in the status of the Chairperson, Members and its functionaries.
Like other Commissions, only a former Chief Justice of a High Court can be appointed
as Chairperson and, likewise, the Secretary to the Commission is an officer not below
the rank of Secretary to the State Government. The Commission has an investigating
agency of its own.
Sec. 21 of the Protection of Human Rights Act, 1993, as amended by the Protection of
Human Rights (Amendment) Act, 2006 under Chapter V, lays down that the State
Government may constitute a Human Rights Commission which shall consist of :
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MEMBER
MEMBER
SHRI Y. K. S. THAKUR
SHRI. R.K. BEHER
(FORMER INSPECTOR GENERAL OF POLICE)
REGISTRAR , HIGH COURT)
JOINT SECRETARY
DEPUTY SECRETARY
(FORMER
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SHRI
G.S. VERMA
(FORMER DISTRICT AND SESSION JUDGE)
(FORMER STATE
ENGINEERING SERVICES)
LAW OFFICER
SHRI HARISH CHANDRA MISHRA
(STATE JUDICIAL SERVICES)
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 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;
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(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;
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CASE LAWS
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1. CASE- 1
District Rajnandgaon
COMPLAIN DISCRIPTION
Applicant wrote to commission , he complained against the pension office and
requested for payment of his pension.
ACTION Applicant wrote to commission , and the payment of pension was done.
STATUS Pension received by the applicant.
2. CASE 2
Registration no RYP/253/07
District Raipur
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COMPLAIN DESCRIPTIONApplicant had a quarrel with his elder brother and elder brothers wife , he
thought that they were doing black magic on him; he went to his brothers house
with his wife where they assaulted them and made them to drink urine. His sisterin-law reported the scenario to police, later both non-applicant came and they
took the applicant to police station and used physical force on him. Applicant in
his complain stated that both police staff ill treated him in lockup.
ACTION- Commission on their inquiry found both staff guilty. Chhattisgarh
Human Rights Commission passed an order that victim must be given
compensation of Rs 10000 from the date of order passes.
STATUS- Order passed on 17/08/2012
3. CASE 3
District Sukma
COMPLAIN DISCRIPTIONSodi Soni has made a complaint that her husband has been killed in naxal
attack. She has filled a case in police station under section 147,148,149,307,302
of indian penal code .She has been continuously threatened by non- applicant.
STATUS Chhattisgarh Human Rights Commission has given a notice to
collector Sukma for dealing with the case and take to action against nonapplicant.
4. CASE 4
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District Balrampur
COMPLAIN DISCRIPTIONJail superintendent of jail Ramanaujganj has informed CGHRC regarding the
death of the undertrial prisoner Kishan Kodaku. On 5/9/2014 he wa sill and was
sent to govt. hospital. He was admitted and during the process of treatment on
5/09/2014 he died.
ACTION- From the information of the jail superintendent CGHRC registered the
case. CGHRC sent the notice to collector Balrampur to give the investigation
report .
STATUS- Repot has been submitted by collector Balrampur.
5. CASE 5
District- Mahasamund
COMPLAIN DESCRIPTIONApplicant attended eye camp on 2/02/11 in Mahasamund where he has mayopia
operation. After the operation he had a complain that he is not able to see from
left eye.
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STATUS- CGHRC has given a notice to Chief Medical Officer to take action
against it and ordered them to give compensation to the applicant.
6. CASE 6
District- Dantewada
COMPLAIN DESCRIPTION
Applicant has done love marriage with Kameshwari and her family members are
being violent with him and are harassing him and the police officer of Geedam
police station has taken the bribe and has put kameshwari into zail. Applicants
complain is against the police officer( Loksevak).
ACTION CGHRC has given a notice to police superintendent to take further
action.
STATUS- Police superintendent has written a letter to CGHRC saying that
applicant has made the promise to non-applicant of marrying her but he used him
phycsically for 6 months . After investigation , evidence were found against him
therefore he was sent to jail on 21/02/2014. After investigation it was found that
to save himself Jhumar singh had made a false complain.
7. CASE 7
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District Sukma
COMPLAIN DESCRIPTION
The complain has been received from NHRC. Advocate Radhakant Tripathi has
registered a complain in NHRC that people of Sukma village are suffering from
the problem of poverty and naxalism and govt of Chhattisgarh is not even
providing them basic facilities of life such as road , water, hospitals etc. Applicant
is putting allegation on C.G. govt saying that state has failed to ensure the basic
human rights of the villagers of Sukma district.
ACTION NHRC transferred the complain to CGHRC , because grievance
raised in these complaints relate to matters ,which are subject to the state list.
STATUS NHRC directed the CGHRC to visit the area and access the plight of
the villagers and provide basic human rights to the villagers.
8. CASE 8
District Korea
COMPLAIN DESCRIPTION-
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In the present complaint , the applicant has mentioned that the Police Inspector
has pounded him some money. A complaint of police atrocities has been
registered by the applicant in thi case.
STATUSThe complaint has been mainly referred to the police superintendent and only a
copy of copy of the complaint was given in the commission.For this reason ,no
proceeding could be made and the case was thus dismissed.
9. CASE 9
COMPLAIN DESCRIPTION
In present complaint, the complainant mentioned that the non applicant , with
an intent to defame, started abusing the applicant and her husband. The nonapplicant also pounded saying that he would make the applicant nude and would
make him to roam in the town in order to defame her. He also pounded them for
killing them.
STATUS
The complaint was reffered to Police Inspector at Pithora and only a copy was
given to the commission. So as the complaint is not related to commission , it
was dismissed .
10. CASE 10
Registration no RYP/201/2014/PC
Registration date 14/08/2014
District Raipur
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CONCLUSION
Being human we are entitled to certain rights which are called as human rights.
These rights are essential for ones progress and development. These human
rights must be protected. For this purpose various commissions have been
established in our country and the states. The national human rights commission
was established on 12th October , 1993 under the legislative mandate of
protection of human rights act 1993. This act also recommended for the setting
up of state human rights commission at state level and human right courts along
with the NHRC as the CGHRC. the functions and powers of the state
commission are similar to those of NHRC. The only difference is that the state
commission cant make the study of treaties.
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The CGHRC is yet another forum that has been working towards the
achievement of this goal. The code of conduct followed here, is in dedication to
the sole object of the commission. There have been many cases on which the
commission took a forward step in ensuring rights of people and providing
remedies to the underprivileged within the Chhattisgarh state. It gives great
experience in the matters relating to protection of human rights and further
awareness. The internship period had been very purposeful and I could strive to
broaden my sphere in human rights law while in the commission.
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