Working of National and State Human Rights Commission
Q. Which of the following is/are true regarding working of National and State Human Rights Commission?
1) It can punish the people found guilty of violation of human rights, only on enquiry.
2) Its recommendations are not binding on the government.- Published on 15 Mar 17a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above
ANSWER: Only 2
Working of National and State Human Rights Commission -
- The National Commission’s headquarters is at Delhi.
- It can also establish offices at other places in India.
- The national and state commissions can regulate their own procedure.
- They have all the powers of a civil court and its proceedings have a judicial character.
- National Commission may call for information or report from Union and State Governments or any other authority subordinate to that, but state commissions can call for information or report from State Governments or any other authority subordinate to that.
- The commissions have their own investigating staff for investigation.
- National Commission is empowered to use the services of any officer or investigation agency of the Union or any State Government for the purpose.
- The commissions are not empowered to inquire into any matter on expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.
The commission may take any of the following steps during or after the completion of an inquiry -
(a) it may recommend payment of compensation to victims, to concerned government or authority;
(b) it may recommend to initiate proceedings for prosecution or any other action against the guilty public servant, to the concerned government or authority;
(c) it may recommend to the concerned government or authority for the grant of immediate interim relief to the victim;
(d) it may approach the Supreme Court or the concerned high court for the necessary directions,orders or writs.
Role of The Commission -
- The functions of the commission are mainly recommendatory.
- It cannot punish the violators of human rights, nor to award any relief including monetary relief to the victim.
- Its recommendations are not binding on the concerned government or authority.
- But, it should be informed about the action taken on its recommendations within one month.
- The National Commission has limited powers with respect to the violation of human rights by the members of the armed forces.
- In this sphere, the commission may make its recommendations.
- The Central Government should inform the commission of the action taken on the recommendations within three months.
- The National Commission submit its annual or special reports to the Central government and to the State Government concerned.
- The State Commission submits it to the State Government.
- These reports are laid before the respective legislatures, along with a memorandum of action taken on its recommendations and the reasons for non-acceptance of any of such recommendations.
