Chhattisgarh Human Rights Commission

छत्तीसगढ़ मानव अधिकार आयोग

PROJECT WORK ON
THE WORKING, CONSTITUTION AND FUNCTIONS OF THE
HUMAN RIGHTS COMMISSION
(Including Case Studies)

SUBMITTED BY

T.SHRADDHA

INTERNSHIP DURATION- 10th June-30th June

1st Year (2nd Sem)

B.A. LL.B.

BHARATI VIDYAPEETH UNIVERSITY, NEW LAW COLLEGE,

PUNE

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 INTRODUCTION
The Protection of Human Rights Act, 1993 (an act of parliament) provides for the establishment
of Human Rights Commissions at the national and the state level for the better protection of
human rights and the matters related to it in various ways and avenues. It came into force on 8th
January, 1994.

Human rights can be defined in many ways, owing to their field being wide ranging, however
they are generally looked upon as the basic rights an individual possesses. 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 the
ancient doctrine of natural rights based on natural law.

ORIGIN OF HUMAN RIGHTS

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 25th 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

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them subsequently at the end of 1881. These Covenants are therefore legally binding on the
ratifying states.

ORIGIN OF HUMAN RIGHTS IN INDIA

India being a party to these Covenants, the President of India promulgated the Protection of
Human Rights Ordinance, 1993 under Article 123 of the Constitution of India on 28th September,
1993 to provide for the constitution of a National Human Rights commission, State Human
Rights commissions in states and Human Rights courts for 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.

MEANING OF HUMAN RIGHTS

Human rights are moral principles or norms that describe certain standards of human behaviour,
and are regularly protected as legal rights in municipal and international law. They are
commonly understood as inalienable fundamental rights "to which a person is inherently entitled
simply because she or he is a human being," and which are "inherent in all human beings
“regardless of their nation, location, language, religion, ethnic origin or any other status. They
are applicable everywhere and at every time in the sense of being universal, and they
are egalitarian in the sense of being the same for everyone. They require empathy and the rule of
law and impose an obligation on persons to respect the human rights of others. They should not
be taken away except as a result of due process based on specific circumstances, and require
freedom from imprisonment, torture, and execution.

The doctrine of human rights has been highly influential within international law, global and
regional institutions. Actions by states and non-governmental organizations form a basis
of public policy worldwide. The idea of human rights suggests that "if the public discourse of
peacetime global society can be said to have a common moral language, it is that of human
rights." The strong claims made by the doctrine of human rights continue to provoke
considerable scepticism and debates about the content, nature and justifications of human rights
to this day. The precise meaning of the term right is controversial and is the subject of continued

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philosophical debate; while there is consensus that human rights encompasses a wide variety of
rights such as the right to a fair trial, protection against enslavement, prohibition
of genocide, free speech, or a right to education, there is disagreement about which of these
particular rights should be included within the general framework of human rights;[1] some
thinkers suggest that human rights should be a minimum requirement to avoid the worst-case
abuses, while others see it as a higher standard.

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)

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 FUNDAMENTAL RIGHTS

General

ARTICLE

12. Definition

13. Laws of inconsistent with or in derogation of the fundamental rights.

Right to Equality

ARTICLE

14. Equality before law.

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

16. Equality of opportunity in matters of public employment.

17. Abolition of Untouchability

18. Abolition of titles.

Right to Freedom

ARTICLE

19. Protection of certain rights regarding freedom of speech, etc.

20. Protection in respect of conviction for offences.

21. Protection of life and personal liberty.

22. Protection against arrest and detention in certain cases.

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 Right against Exploitation

ARTICLE

23. Prohibition of traffic in human beings and forced labour.

24. Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

ARTICLE

25. Freedom of conscience and free profession, practice and propagation of religion.

26. Freedom to manage religious affairs.

27. Freedom as to payment of taxes for promotion of any particular religion.

28. Freedom as to attendance at religious instruction or religious worship in certain

education institutions.

Cultural and Educational Rights

ARTICLE

29. Protection of interests of minorities.

30. Right of minorities to establish and administer educational institutions.

31. [Repealed.]

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 Saving of Certain Laws

ARTICLE

31A. Savings of laws providing for acquisition of estates, etc.

31B. Validation of certain Acts and Regulations

31C. Saving of laws giving effect to certain directive principles

31D. [Repealed.]

Right to Constitutional Remedies

ARTICLE

32. Remedies for enforcement of rights conferred by this Part.

32A. [Repealed.]

33. Power of Parliament to modify the rights conferred by this Part in their application to
Forces, etc.

34. Restriction on rights conferred by this Part while martial law is in force in any area.

35. Legislation to give effect to the provisions of this Part.

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 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, with effect from such date as the State Government may by
notification specify, 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 or District Judge in the
State with a minimum of seven years’ experience as District Judge;

(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

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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 sub-section(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.

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LIST OF STATES HAVING HUMAN RIGHTS COMMISSIONS

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
16. TAMIL NADU
17. UTTAR PRADESH
18. WEST BENGAL
19. JHARKHAND
20. SIKKIM
21. UTTARAKHAND
22. HARYANA
23. RAJASTHAN

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22. Appointment of Chairperson and Members of State Commission

(1) The Chairperson and 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 of any Member in the Committee referred to in sub-section (1)

23. Resignation and Removal of Chairperson or a Member of the State

Commission

(1) The Chairperson or a Member of a State Commission may, by notice in writing under his
hand addressed to the Governor, resign his office

(1A) Subject to the provisions of sub-section (2), the Chairperson or any 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

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the Supreme Court, reported that the Chairperson or such Member, as the case may be, ought on
any such ground to be removed.

(2) Notwithstanding anything in sub-section (1A), the President may by order remove from
office the Chairperson or any Member if the Chairperson or such 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 Chairperson and 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 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 Governor may, by notification, authorize one of the

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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 Chairperson and Members of the State
Commissions

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.

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 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 by the State Government.

28. Annual and special reports of State Commission

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(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 recommendations, if any.

29. Application of certain provisions relating to National Human 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 references 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;

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 CHHATTISGARH HUMAN RIGHTS COMMISSION

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, 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.

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 FORMATION OF CHHATTISGARH HUMAN RIGHTS
COMMISSION

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 :

 A Chairperson who has been a Chief Justice of a High Court.

 One Member who is, or has been, a Judge of a High Court or District Judge in the State
with a minimum of seven years; experience as District Judge;
 One Member to be appointed from amongst persons having knowledge of, or practical
experience in, matters relating to human rights.
 The Commission has a Secretary who is the Chief Executive Officer of the Commission.

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 PRESENT SET UP OF THE COMMISSION

CHAIRPERSON
HON. JUSTICE RAJEEV GUPTA

MEMBER
SHRI Y. K. S. THAKUR

MEMBER
SHRI. R. K. BEHER

JOINT SECRETARY
SHRI DILIP BHATT

DEPUTY SECRETARY
SHRI G. S. VERMA

LAW OFFICER
SHRI HARISH CHANDRA MISHRA

ACCOUNTS OFFICER
SHRI J. P. TIWARI

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 POWER, PROCEDURE & FUNCTION OF 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 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 protection of human rights.

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CLASSIFICATION OF COMPLAINTS IN CHHATTISGARH HUMAN
RIGHTS COMMISSION

1. Custodial death in Police

2. Police atrocities
3. Police inaction
4. Complaint related to false implication
5. Illegal detention
6. Other Police related complaints
7. Custodial rape
8. Custodial death in jail
9. Complaint related to jail
10.Complaint related to fake encounter
11. Complaint related to missing persons
12. Atrocities against women
13. Complaint related to Tonhi
14. Complaint related to dowry
15. Complaint related to child atrocities
16. Complaint related to child marriage
17. Complaint related to child labour/forced labour
18.Complaint related to departments
19. Complaint related to pension
20. Complaint related to accountant general
21. Complaint related to health department
22. Complaint related to education department
23. Complaint related to pollution department

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24. Complaint related to revenue department
25. Complaint related to forest department
26. Complaint related to Naxalite incidents
27. Complaint related to human trafficking
28. Complaint received from NHRC
29. Miscellaneous complaints

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 Case
Studies

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CASE-1
Registration no- DRG/14/2015/PCD
Classification of the case- Custodial Death in Police (PCD)
Place- Durg
Date- 27/01/2015

ISSUE –
CASE STUDY OF CUSTODIAL DEATH OF CHINNU YADAV (TEERATH)
This case is about CHINNU YADAV, S/O ITWARI YADAV who died in police custody on
22.01.2015 and a request of enquiry by a magistrate has been requested by the
SUPERITENDENT OF POLICE (S.P.), District- DURG of this accident.
Questions which come in this case are mainly related to:
1. Whether this is the case where there the intention of police is to be in doubt?
2. Whether it’s a case of police brutality?
3. How was the person been able to take such things with him?
4. Whether this is a case of police atrocity?
5. Death by police torture.
There have been many more questions and the accident has been described briefly below. The
accused CHINNU YADAV, S/O ITWARI YADAV was arrested for crime number 48/15 and
under sections 353, 506 and section 323 of IPC. He surrendered himself in the police station and
medical test was done around 13:30 after which he was sent for appearing before J.M.F.C. class
under duty of JUGRAJ SAHU and ARUN CHOUBEY. In between this the accused requested
for going to bathroom and he was taken to police station and then sent to bathroom. In between
this he tried to burn himself in the bathroom by spreading kerosene oil on himself. Amidst all
this due to shout and all the police staff came to know about this and the fire was extinguished by
spreading water on his body and was immediately sent to DISTRICT GOVERNMENT
HOSPITAL. On request of his father for better treatment he was sent to SECTOR-9 hospital
where he died on 22.01.2015 under police custody. The immediate cause of action arises because
of doubt of police involvement in this present case and whether it should be related to the
purview of death under judicial custody and one more question which arises is that was the
intention of police in all these things MALAFIDE. So a request has been made by the
SUPERITENDENT OF POLICE (S.P.) in this matter for a magisterial enquiry by letter no.
DURG/ SHIPU/ NASTI/ M/ 203/ 14 dated 22.01.2015 which has been addressed to General
Secretary, NATIONAL HUMAN RIGHTS COMMISSION and a copy has been sent
SECRETARY, STATE HUMAN RIGHTS COMMISSION, RAIPUR (CHATTISGARH).

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CASE -2
Registration No- DRG/32/2015/WAC
Classification of the case- Atrocities against Women (WAC)
Place- Durg
Date- 24/03/2014
ISSUE-
CASE STUDY OF REQUEST FOR CAUSE OF ACTION AGAINST SURENDRA KAUR
This case is about action against SURENDRA KAUR YADAV, District- DURG of this
accident. There had been complaint by JASHBIR KAUR, W/O JOGINDER SINGH, R/O
HOUSING BOARD, BHILAI, District- Durg in the district office of NATIONAL
FEDERATION OF HUMAN RIGHTS COUNCIL and on investigating of letter it was found by
N.F.H.R.C. that such a crime cannot be stopped without the help of STATE HUMAN RIGHTS
COMMISSION. So, a request has been made to the SHRC BY attaching the original complaint
with the REQUEST LETTER made to SHRC to help in ensuring justice and saving the lives and
dignity of number of children and stop CHILD TRAFFICKING. A request has also been made to
initiate criminal proceedings against SURENDRA KAUR and ensure that punishment is given in
accordance with law. The complaint is not so clear but this thing can be made out that Surendra
sells children in PUNJAB. Seeing the seriousness of complaint a copy has been sent to
SUPERITENDENT OF POLICE, DURG. On studying this case some things are clear.
If there is any such issue few things should be taken into consideration: 1. Whether the claims
are true?
2. And if yes, a immediate cause of action and FIR should be made and prescribed penalty under
the ITPA – ranging from seven years' to life imprisonment imposed or as what directed by the
court of law in the interest of justice.
3. Also the use of Sections 366(A) and 372 of the Indian Penal Code should be imposed,
prohibiting kidnapping and selling minors into prostitution respectively, to arrest traffickers.
Penalties under these provisions are a maximum of ten years' imprisonment and a fine.
4. Also if there is any victim of prosecution in this case then Section 8 of the ITPA permits the
arrest of women in prostitution.
These few things can be kept in mind while investigating the claims made and if it is found to be
true.

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CASE -3
Registration no- MHS/26/2015/POC
Classification of the case- Other Police related Complaints (POC)
Place- Mahasamund
Date- 01/05/2015

ISSUE –
CASE STUDY OF REQUEST FOR CAUSE OF ACTION AGAINST POLICE STATION
INCHARGE
This case is about action against STATION INCHARGE- WOMEN’S POLICE STATION,
District- Mahasamund (CHATTISGARH). This is a request made by GHASIRAM, F/O
NIRANJAN VISHWAKARMA. On the evening of 22/04/2015 when he returned home he found
that his son had an argument with some women officer after overtaking, so police came to my
house to arrest him and when he was not found then took away the mobile. His son is in so much
terror that from that day onwards he has not returned to the house nor he is in contact with us.
When along with my friends I went and enquired about the incident it was clear that the women
officer was in civil dress and her face was covered with the scarf. She called my son and when he
stopped, she abused him and slapped him on his face. In return my son also had a fight. All these
things what has been described in my complaint is the only thing I came to knew from the
shopkeepers in the market. On studying this case some things are clear. If there is any such issue
few things should be taken into consideration: 1. Whether the officer was right in doing such
things and does it not come within the purview of “Abuse of Power” when she abused and
slapped my son while in civil dress or misbehaved? 2. On such a small argument with an officer
the police is taking action so swiftly and without any reason disturbed my family at home and
took away mobile for no reason. Is it always done in each and every case where a woman has
been involved? 3. Initiating an argument by a woman officer in civil dress is not any crime? If
yes, what action is been taken against her? 4. Has my son gone away from house due to fear and
terror of the police and if yes, will they not be liable if any unfortunate incident happens with my
child? There have been many incidents in past days like bribe or illegal collections from the
businessmen and incident where one was forced to commit suicide because of the police. In spite
of such incidents and doubtful behavior of police personnel no action has been taken. So, I
kindly request you to take action against them and provide justice and security to me and my
family. On reading this case few points is what we can go through the case study which is in
doubt- a) Whether the intention of officer was malafide? b) Whether in initiating an argument
was there any pre planning on her side? c) Regarding such search in the house without any
warrant was the action of police justified? d) And seizing things from house without any judicial
or magisterial order is justified? e) Such harassment from police to common man from time to
time is good or bad in the interest of peaceful and justiciable society?

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CASE-4
Registration no- GRB/8/2015/DRC
Classification of the case- Complaint related to departmental (DRC)
Place- Gariaband
Date- 15/04/2015

ISSUE –

CASE STUDY OF REQUEST FOR CAUSE OF ACTION AGAINST ACCOUNTING

INCHARGE (Lekha prabhari) This case is about request of action against LEKHA PRABHARI.
This is a request made by Mrs. Kulehswari sahu and other health workers against the LEKHA
PRABHARI of CHC, MAINPUR Mr. N.M.B.R. TANDIYA and ESTABLISHEMENTS HEAD
Mr, Lukesh Kumar. These 2 persons are harassing the workers regarding finishing their
probationary period and making them permanent workers. The allegations which have been
made against the following 2 officials of Health department are as follows: 1. For finishing the
probationary period of workers and making them permanent they are asking for bribe and they
are misbehaving with probationary workers who are not giving bribe. 2. Without any appropriate
reason their salary has been stopped from time to time and they are been harassed financially.
They have been forced to live in quarters where there is no electricity and basic necessities and
for the same quarters rent has also been deducted per month from their salary. 3. In the name of
WORKBOOK VERIFICATION bribe is being demanded from senior workers and there is
misbehaviour with them if they are not giving money. So a kind request is been made to the
chairman of the State human rights commission to take appropriate action against them and
ensure the rights of worker and stop their mental and physical harassment.
One thing is clear from this case study that there has been violation of human rights and also the
RIGHT TO WORK. a) Whether there is violation of article 41 should be taken into
consideration? Article 41of the Constitution provides that "the State shall within the limits of its
economic capacity and development, make effective provision for securing the right to work, to
education and to public assistance in cases of unemployment, old age, sickness and disablement,
and in other cases of undeserved want." b) In what ways the commission can ensure the human
rights of the workers?

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CASE-5
Registration no- KRB/14/2012/NHRC
Classification of the case- Complaint received from NHRC (NHRC)
Place- Korba
Date- 13/03/2012
ISSUE – CASE STUDY OF REQUEST FOR ACTION AGAINST CHATTISGARH POLICE
AND GOVERNMENT FOR GROSS VIOLATION OF HUMAN RIGHTS IN VILLAGE OF
KORBA (CHATTISGARH)
This case study is in relation to the copy of a complaint received from the NATIONAL
HUMAN RIGHTS COMMISSION (NHRC) regarding harassment and threat by Chhattisgarh
police and other government officials to the villagers of KORBA and barbaric police act in the
name of action and regarding illegal detention. The complaint is as follows made by
RADHAKANTA TRIPATHY, ADVOCATE (RIGHTS ACTIVIST) regarding the issue. The
complaint stated that the villagers were beaten; their hands were tied behind their backs and
beaten by batons. After that 36 villagers were picked up from the public meeting which was held
to assess the impact of extension of a 1320 megawatt power plant. Documents prove that legal
provisions were subverted to aid the industry. The resentment has been rising in the central and
northern districts of the state which is enriched with the resources of coal. Allegations have also
been made that in the neighboring district of KORBA i.e. JAHANGIR CHAMPA people were
protesting against 36 coal plants which were to acquire around 40,000 acres of land, mainly
tribal areas and the procedure of public consultation and hearing and to comply with assessment
at GRAM SABHA LEVEL had been ignored and the PESA act of 1996 and other legalities were
overruled. So in the instant case following requests have been made: 1. Investigate the gross
human rights violation. 2. Recommend the government to release the illegally detained people
and to give compensation to them. 3. Recommend the state to follow Land Acquisition act,
PESA ACT, rehabilitation and resettlement policy. 4. And pass any such further orders as the
commission feels necessary to address the issue. When the complaint made to the NHRC, the
chairman related the matter to the subject of a state. The complaint was transferred to
Chhattisgarh State Human Rights Commission under section 13(6) of the protection of Human
rights Act, 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006, for
disposal in accordance with the provisions of the act. The Chhattisgarh State Human Rights
Commission on investigation of matter got a report from the Superintendent of Police, Korba
stating that an FIR has been registered against the accused and they have been produced in the
court. Also no evidence has been found regarding the violation of human rights of the villagers.
So, the complaint has been rejected accepting the application of SP, KORBA DISTRICT
(CHATTISGARH). So in the following complaint one thing has been clear that the complaint
made has been baseless and allegations made were not thoroughly gone through. So upon the
investigation it has clearly been rejected.

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CASE-6
Registration no- JNJ/97/2012/NHRC
Classification of the case- Complaint received from NHRC (NHRC)
Place- Champa
Date- 13/12/2012

ISSUE –
CASE STUDY OF REQUEST FOR ACTION AGAINST HARPRASAD
The complaint is against accused HARIPRASAD who is been accused of fleeing away with a
minor girl, sexually harassing her and then killed her by burning her alive. This complaint was
made by the father of the minor girl that on the day of 11/05/2011 when both husband and wife
had went out for work then HARPRASAD fled away with their daughter by misleading her. A
lot of search had been done but no traces were made about their daughter. Harprasad’s mother, 3
sisters and brother in law helped him in hiding the girl and were an equivalent partner in the
above crime. Whenever we tried to enquire about our daughter and Hari we were scolded and
thrown out of the place. On the night of 11/11/2011 my elder sister received a call from
HARIPRASAD’S sister who told that my daughter was burned and was admitted in BILASPUR
HOSPITAL. I along with my elder sister went to bilaspur on 12th morning and after searching a
lot of hospitals they were able to find and locate their daughter. As we reached there, Hari’s
relatives and the guard present in the ward didn’t let us meet the daughter. In the night around
12, the information regarding death of the daughter was given. In the post mortem report it was
clear that she was burned around 90% and marks of her both knees and hands tied with ropes
was revealed in the report.
The teeth’s went black and hairs on head was not safe. From this one thing was clear that a piece
of cloth was put in her mouth and she was then burnt with kerosene oil or some other
inflammable object. When enquired by the police all relatives had different stories. Someone
said that she was burnt in cylinder, someone said that it was stove and other said that it was
heater. An FIR was registered by the father and no action has been taken yet. So a complaint had
been made against the accused HARIPRASAD, his 3 sisters, mother and brother in law
regarding kidnapping the daughter by misleading her, sexual harassment for around 6 months
and burning her alive and to take appropriate action against them so that justice is given. Also
there is indication of involvement of one friend of HARI, friend’s wife, a tenant and others
regarding which investigation is to be made. The case study talks about the investigation made
on the above complaints and claims and from the reply received from the SUPERINTENDENT
OF POLICE had been sent to the complainant and there was no reverting back from him. From
the reply of SP it has been clear that an FIR had been made that time and investigations had been
made into the matter. So the complaint is been rejected. THIS CASE TALKS ABOUT the
allegations made but no reply on part of complainant on the letter of SHRC shows that there has
been something wrong even on the part of the complainant. The police had done their duty and
no violation of rights of minor girl was there as the matter was been invested properly and
without any failure on their part.

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CASE-7

Registration no- NPR/2/2014/NAXC

Classification of the case- Complaint related to Naxlite incidents (NAXC)
Place- NARAYANPUR
Date- 24/03/2014

ISSUE –

Case studies on naxalite death in police cross firing-

"This case is about the report of death of a naxalite in police cross firing and the report being sent
to the Human Rights Commission. On receiving the report sent by Superintendent of Police,
Narayanpur district, the commission asked for the magistrate enquiry report. From the report it
has been clear that while there was search going on by police, the naxalites attacked them with
the intention of looting their weapons and killing them. In cross firing taking the advantage of
hills and jungles, the naxalites ran away.
After the firing was over, during the search operation a dead uniformed naxalite was found with
various weapons and other things. On enquiry it was found that he didn't belonged to a nearby
place.
In post mortem report it was clear that he was killed by bullet in cross firing.
In magisterial enquiry there has been no doubt on the intention of police party and it has been
clear that he was killed in cross firing. So considering the report, the case is dismissed by the
commission

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CASE-8
Registration no- RYP/158/2013/HDC
Classification of the case- Complaint related to Health Department (HDC)
Place- RAIPUR
Date- 11/04/2013

ISSUE –
Case study on not treating the gangerine suffering patient by "Dr Bhimrao Ambedkar Memorial
Hospital"-
" This case study is on a complaint filed by Bharat Swabhiman Nyas, that a patient person
suffering from gangerine outside the hospital was admitted by us requesting to CMO on 25-3-
2013, but till 28th of January no treatment was given to him. On enquiry it was told that he ran
out of hospital, but it cannot be like that because he was even unable to walk. Again got him
admitted by preparing fresh documents and a request made to Human Rights commission to
enquire About the violation of human rights and ensure his treatment and everything.
On the letter of hospital it was clear that as there was no attendant, so the treatment of patient
was done in emergency ward and as his health and leg got a bit better, he absconded on 26-3-
2013, complain regarding which was given to cmo on duty. He was again brought in surgery opd
on 27th by the same social workers and they were requested to stay with him or visit him from
time to time as the patient ran away when no one was there. Then his gangerine was operated
And even after his wound healed, he was not discharged from the hospital because he had no
place to live, and information regarding which was given in written in their office. On 02-05-
2013 the patient was discharged along with the social workers.
The allegations made were found to be false and hospital presented the letters c-11 and c-12 but
the complainant never responded inspite of the letters sent through registered post. So as the
patient was discharged with the social workers after he was perfectly fine and allegations made
by Bharat Swabhiman Nyas have been found baseless, so the complaint has been dismissed.

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CASE-9
Registration no- SUR/11/2015/DRC
Classification of the case- Complaint related to departmental (DRC)
PLACE- SURAJPUR
DATE- 15/04/2015
ISSUE-
CASE STUDY OF REQUEST FOR GIVING STATUS OF PERMANENT EMPOLYEE
The complaint is was addressed to his Excellency, Governor of CHATTISGARH, from the
employees who come under the ambit of BHATGAON PANCHAYAT, SURAJPUR-
DISTRICT, that in this scenario of cost increment in market day after day, their payment should
be increased and seeing their period of work they should be made permanent. It was state in the
letter that the workers are employed from 2003-04 till date i.e. 2015 and are working with
honesty and faithfully on the work they have been assigned. Our wages are given from the office
of District Collector but in the review of wages which is done every 6 month, the workers are
excluded from that. They are also not given arrears which are left due and no payment on time to
time basis, because of which it is very difficult to arrange food for the family. So a request was
made to increase their wages and make them a permanent employee. Copy had been sent to
relevant departments and person in whom HUMAN RIGHTS COMMISSION has also been
included. But as this complaint was not under the purview of the jurisdiction of the commission,
so the matter was dismissed.

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CASE-10
Registration no- KRB/26/2014/PIC
Classification of the case- Police in Action (PIC)
PLACE- KORBA
DATE- 24/03/2014

ISSUE-
CASE STUDY OF NO ACTION TAKEN ON COMPLAINT BY POLICE
There were 2 complaints was made by ANUJ LAHRE that his sumo victa was taken by
RAVINDRA SINGH and JAYENDRA SINGH for security guard purpose on monthly rent of
10,000 rs. But no rent was given till date. When he asked for rent, he was threatened by showing
gun. On 1-03-2014 when he went to ask for the rent he was beaten and also abused on basis of
caste and religion. He filed an FIR in Manikpur Police station but policemen didn’t even register
it. A justification was asked from the SUPERITENDENT OF POLICE, KORBA by human
rights commission. The SP answered that after investigation Copy of C-7 LETTER was sent to
the DIRECTOR GENERAL OF POLICE. So the same has been given to commission. When
commission made C-7 available to the complainant along with 3 letters, there was no response
from his side. No evidence was found on such issues and the complainant was not even
interested in answering the letters of SP or the commission. So, accepting the LETTER C-7 of
the police and acting on it the complaint was dismissed.

31
Booklets
Summary

32
 BAIL
Bail is the release of arrested person on a promise that the person will appear
before the court or police when asked to and that the person will follow the
conditions set by them.
- This promise is usually backed by a certain amount of money that will have to be
paid if the accused doesn’t do what he / she is supposed to, like not appearing in
the police station when he has to and so on.
- One has the right to be released on bail depending on whether the offence that
one has been arrested for is listed as bailable or non-bailable in the CrPC or the
Criminal Procedure Court.

BAILABLE OFFENCE

A bailable offence is one, in which, bail is a matter of right, and non bailable
offence is one, in which granting of bail is discretion of the court.

1. In case of bailable offence, the grant of bail is a mater of right. It may be

either given by a police officer who is having the custody of Accused or by
the court.
2. The accused may be released on bail, on executing a bond, know as "bail
bond", with or without furnishing sureties.
3. The "bail Bond" may contain certain terms and conditions, such as:
i. The accused will not leave the territorial jurisdiction of the state
without permission of court or police officer.
ii. The Accused shall give his presence before police officer every time,
he is required to do so.
iii. The Accused will not tamper with any evidence whatsoever,
considered by police in the investigation.
4. The court is empowered to refuse bail to an accused person even if the
offence is bailable, where the person granted bail fails to comply with the
conditions of the bail bond.

EXAMPLES OF BAILABLE OFFENCE

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Although even in case of bailable offence, the bail may be refused, if credit of the
accused is doubtful. However following are some offences which are classified as
"Bailable offence" by the code itself:

1. Being a member of an unlawful Assembly

2. Rioting, armed with deadly weapon
3. Public servant disobeying a direction of the law with intent to cause injury to
any person.
4. Wearing Garb or carrying token used by public servant with fraudulent
intents.
5. Bribery in relation to elections.
6. False statement in connection with elections.
7. Refusing oath when duly required to take oath by a public servant.
8. Obstructing public Servant in discharge of his public functions.
9. Giving or fabricating false evidence in a judicial proceeding.
10.Selling any food or drink as food and drink, knowing the same to be noxious.
11.Causing a disturbance to an assembly engaged in religious worship.

NON BAILABLE OFFENCE

1. A non-bailable offence is one in which the grant of Bail is not a matter of
right. Here the Accused will have to apply to the court, and it will be the
discretion of the court to grant Bail or not.
2. Again, the court may require the accused to execute a "Bail-Bond with some
stringent conditions.
3. The court may generally refuse the Bail, if:
i. "Bail Bond" has not been duly executed , or
ii. if the offence committed is one, which imposes punishment of death
or Life imprisonment, such as "Murder " or "Rape" or
iii. The accused has attempted to abscond, and his credentials are
doubtful.
4. The application for bail shall be filed before the Magistrate, who is
conducting the trial. The application after being filed is usually listed on the
next day. On such day, the application will be heard, and the police shall also
present the accused in court. The magistrate may pass such orders, as he
thinks fit.

34
 5. If the bail is granted, the accused will have to execute a "Bail Bond".
6. On execution of bail-bond the accused is out of prison only on such terms
and conditions, as contained in the "Bail-Bond".
7. The amount of every bond, i.e. the security shall be reasonable, and no
excessive ( sec 440)
8. If, at any point of time, the terms and conditions of bail are not fulfilled, the
"Bond" shall be forfeited.
9. The application for Bail shall be made in the form, prescribed and the
designation of judge / Magistrate, should be clearly mentioned.
10.The application shall also contain an undertaking, that the accused, shall
fulfill all the conditions as contained in the Bail- Bond.

PROCEDURE ONCE BAIL IS GRANTED

1. When the bail has been granted the accused shall, execute a "Bail-Bond",
and furnish sureties, and security for amount as required.
2. When the bond has been duly executed, the accused shall be released, and
if he is in prison, then an order of Release shall be issued to the officer in
charge.
3. If the accused is charged for two separate offences, then, he shall have to
execute and satisfy Bail Bond for both of them.

FIR
35
 What is an FIR?
First Information Report (FIR) is a written document prepared by the police when
they receive information about the commission of a cognizable offence. It is a
report of information that reaches the police first in point of time and that is why it
is called the First Information Report.

- It is generally a complaint lodged with the police by the victim of a cognizable

offence or by someone on his/her behalf.

- Anyone can report the commission of a cognizable offence either orally or in

writing to the police. Even a telephonic message can be treated as an FIR.

The offences can be classified into two types-

Cognizable Offence
A cognizable offence is one in which the police may arrest a person without
warrant. They are authorised to start investigation into a cognizable case on their
own and do not require any orders from the court to do so.

Non-cognizable Offence
A non-cognizable offence is an offence in which a police officer has no authority to
arrest without warrant. The police cannot investigate such an offence without the
court's permission.

Who can lodge an FIR?

Anyone who knows about the commission of a cognizable offence can file an FIR. It
is not necessary that only the victim of the crime should file an FIR. A police officer
who comes to know about a cognizable offence can file an FIR himself/herself.

You can file an FIR if:

36
* You are the person against whom the offence has been committed.
* You know yourself about an offence which has been committed.
* You have seen the offence being committed.

What is the procedure of filing an FIR?

The procedure of filing an FIR is prescribed in Section 154 of the Criminal

Procedure Code, 1973.
* When information about the commission of a cognizable offence is given orally,
the police must write it down.

* It is your right as a person giving information or making a complaint to demand

that the information recorded by the police is read over to you.

* Once the information has been recorded by the police, it must be signed by the
person giving the information.

*You should sign the report only after verifying that the information recorded by
the police is as per the details given by you.

*People who cannot read or write must put their left thumb impression on the
document after being satisfied that it is a correct record.

* Always ask for a copy of the FIR, if the police do not give it to you. It is your right
to get it free of cost.

DONT’s
* Never file a false complaint or give wrong information to the police. You can be
prosecuted under law for giving wrong information or for misleading the police. —
[Section 203, Indian Penal Code 1860]

* Never exaggerate or distort facts.

* Never make vague or unclear statements.

LEGAL AID

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Legal Aid implies giving free legal services to the poor and needy who cannot
afford the services of a lawyer for the conduct of a case or a legal proceeding in
any court, tribunal or before an authority.

Right to Legal Aid:

1.It is the duty of the State to see that the legal system promotes justice on the
basis of equal opportunity for all its citizens. It must therefore arrange to provide
free legal aid to those who cannot access justice due to economic and other
disabilities. —(Art.39 A of the Constitution of India)

2. If the accused does not have sufficient means to engage a lawyer, the court
must provide one for the defence of the accused at the expense of the state. —
(Sec. 304, Criminal Procedure Code)

3.The Constitutional duty to provide legal aid arises from the time the accused is
produced before the Magistrate for the first time and continues whenever he is
produced for remand. —(Khatri II Vs. State of Bihar, (1981)

4. A person entitled to appeal against his/her sentence has the right to ask for a
counsel, to prepare and argue the appeal.—(Madav Hayavadanrao Hoskot Vs.
State of Maharashtra (1978)3 SCC 544) (Art. 142 of the Constitution r/w 21 and
39A).

Services offered by the Legal Services Authority:

1.Payment of court and other process fee

2.Charges for preparing, drafting and filing of any legal proceedings.

3. Charges of a legal practitioner or legal advisor.

4.Costs of obtaining decrees, judgments, orders or any other documents in a legal

proceeding.

5.Costs of paper work, including printing, translation etc.

ARREST AND DETENTION

38
Warrant –
It is a document, which the police must show to a person before they make an
arrest.
- A magistrate can only sign this.

Conditions when a person can be arrested without a

warrant-
- When a person carries instruments used for house breaking, such as crossbar,
rod etc.
- If someone has stolen property
- If someone is prevented from carrying out his duty.
- When a person, who is lawfully in police custody tries to escape.

Illegal Detention-
Illegal detention is the unjustifiable imprisonment or the unlawful deprivation of
liberty of a person by way of arrest for a wrongful cause or suspicion and the
continued restriction of personal freedom by retaining such person in custody.

Who can make an arrest?

Any citizen can arrest another person who is a proclaimed offender or who
commits a cognizable offence and non-bailable offence in his presence.

CHILD ABUSE
39
- Sexual violence or child abuse against children is the inducement or coercion of
children to engage in any sexual activity.
- This violence can take both a physical and mental form.

What is the sexual abuse of children?

It is usually a silent, hidden, invisible crime that both boys and girls face at home or
outside, often at the hands of trusted adults.

The sexual abuse of children includes:

* An adult exposing his/her genitals to a child or persuading a child to do the
same.
*An adult touching a child’s genitals with a hand or any other object, or making a
child touch genitalia.
*An adult having oral, vaginal or anal intercourse with a child, with or without
penetration.
*An adult making any verbal or other sexual suggestion to a child.
*An adult persuading a child to engage in sexual activity.
*An adult making a child witness any sexual act.
*An adult inducing or encouraging a child to hear, view or read any pornographic
material.

> Research shows that far more children are abused by adults they know and trust
than by strangers.

SEXUAL VIOLENCE AGAINST CHILDREN IN INDIA:

....of all the victims in rape cases during 1999, children alone accounted 20.4 per
cent share. During 1999, an increase of 13.2 per cent in case of Child Rape for age
group below 10 years and decline of 30.9 per cent in victims in the age group of 11
to 15 years was reported compared to 1998…

40
Some factors that contribute to sexual violence against children:
*Sexual abuse occurs across all sections of society, regardless of economic status
or caste.
* Children are not considered to have the same rights as adults.
* Gender discrimination.
* Tradition, religion, cultural practice and superstition.
* Socio-psychological and familial factors contribute to the sexual abuse and
exploitation of children: Society encourages men to be aggressive and women to
be submissive.

LAWS RELATING TO THE SEXUAL ABUSE AND EXPLOITATION OF

CHILDREN
At present there is no comprehensive law to deal with sexual violence against
children. Offences against children are covered by the Indian Penal Code (IPC),
Immoral Traffic Prevention Act, 1956, Juvenile Justice Act (Care and Protection of
Children), 2000, and the Criminal Procedure Code.
Perpetrators are punishable by law.

CHILDREN’S RIGHT TO PROTECTION

The Convention on the Rights of the Child protects and promotes children’s rights.
Almost every country in the world, including India, has committed to protecting
the rights of children by ratifying the Convention.
In India, there are several programmes and legislation for the protection of
children from sexual abuse and exploitation.

IMPACT OF SEXUAL VIOLENCE AGAINST CHILDREN

Sexual violence against children not only has a damaging and long-term impact on
the victim, but also affects the family, community and society. Like any crime that
continues to go unchecked, sexual violence against children . whether within or
outside their homes or as an organized trafficking network directly reflects the
health of society as a whole.
Bibliography

41
 www.google.com
 www.wikipedia.org
 nhrc.nic.in
 www.hrc.cg.gov.in
 The protection of human rights act, 1993

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