Powers and Functions of National and State Human Rights Commission
Q. Which of the following is/are true regarding powers and functions of National and State Human Rights Commission?
1) National Human Rights Commission is a non-constitutional body.
2) They intervene in any proceeding involving allegation of violation of human rights pending before a court.- Published on 15 Mar 17a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above
ANSWER: Both 1 and 2
National and State Human Rights Commission -
- The National Human Rights Commission and State Human Rights Commission are statutory, non-constitutional bodies, established in 1993 under an act of Parliament, the Protection of Human Rights Act, 1993.
- A State Human Rights Commission can inquire into violation of human rights only regarding subjects mentioned in the State List (List-II) and the Concurrent List (List-III) of the 7th Schedule of the constitution.
- But, if the National Human Rights Commission or any other Statutory Commission is already looking into any such case, then the State Human Rights Commission does not inquire into that case.
Powers and Functions -
- Inquire into any violation of human rights.
- They can even look into negligence in the prevention of human rights violation by a public servant.
- They can take cognizance either suo motu or on a petition presented to it or on an order of a court.
- They intervene in any proceeding involving allegation of violation of human rights pending before a court.
- They visit jails and detention places to study the living conditions of inmates and make recommendation.
- Constitutional and other legal safeguards for the protection of human rights are reviewed by them.
- They recommend measures for effective implementation of safeguards.
- They also consider other factors like terrorism etc., that curb the enjoyment of human rights and recommend measures to counter it.
- They study treaties and other international instruments on human rights and make recommendations for their effective implementation. But this is only for National Human Rights Commission and not the state commissions.
- They undertake and promote research in the field of human rights.
- They spread human rights literacy among the people.
- They encourage NGOs working in field of human rights.
- They undertake all such other functions as may be considered necessary for the promotion of human rights.
Human Rights Courts -
- Human Rights Court can be established in every district as per the Protection of Human Rights Act (1993) for speedy trial of violation of human rights.
- In each of these courts, the State Government appoints a public prosecutor or appoints an advocate (who has practiced for 7 years) as a special public prosecutor.
- Only with the concurrence of the Chief Justice of the High Court of that state, can these courts be setup by the State Government.
