RULE AND REGULATION GOVERNING KARNATKA HUMAN RIGHT COMMISION

The Karnataka state human right commission is composed of a chairman and

two other members who are appointed for a period of five years or until they
reach the age of 70. The KSHRC comprises of three divisions, namely the
Administrative division, the Investigative division and the Law division. The
Administrative division consists of the Chairperson, Members and the
Secretary. The Investigative division is headed by a police officer not below
the rank of an Inspector General of Police. The Law division, headed by the
Registrar, handles complaints made to the KSHRC. The KSHRC can take up
cases that are directly received by it and can also take up cases suo moto.
KHRC draws its power to make regulation from Protection of Human right
commission Act 1993 Section 10 (2) and Section 29. These regulations
guides the commission in day to day functioning and describes about step to
be followed by commission right from, registration of complaint till its
judgment. The regulation guides the commission over various matter like
nature complaint the , mode of filling complaints, complaint which should be
registered or which should discarded , the process through which the case
will proceed further etc. this regulation also prescribe guideline regarding
maintaining and disposing file relating to case. The regulation of commission
have broadly divided into three parts .First part deals with Title, Definition Of
the regulation ,Head office, venue etc. whereas Second part deals with
procedure dealing with complaint , complaints that are not ordinarily
entertained ,procedure regarding complaint ,constitution of bench, issue of
notice etc. whereas Third part of the regulation deals with miscellaneous
such observing and classifying the important points arising out any
meeting ,compiling of annual report, special report etc.

Regulations relating to receiving and registration of cases

Section 8 of regulation states that complaint made to commission should be
English or Kanada (or in any other language on discretion of commission), No
fees should be charged for complainant, and complaint should clearly
disclose every matter relating to the case.
Section 9 explicitly states that the commission reserve right to dispose any
of the cases in its preliminary stage only if found:a) vague or anonymous or pseudonymous or illegible or trivial or
frivolous;
b) barred Under Section 36 (1) of the Act1
c) barred Under Section 36(2) of the Act2
d) relates to civil dispute, such as property rights, contractual obligations;
e) relates to service matters or industrial disputes;

f)
g)
h)
i)
j)

allegations are not against any public servant;

allegations do not make out any specific violation of human rights;
matter is subjudice before a court or tribunal;
matter is covered by a judicial verdict or decision of the Commission;
Where copy of the complaint addressed to some other authority is
received by the Commission and Matter is outside the purview of the
Commission.
k) Any complaint unsigned by the sender
l) Where the complaint does not disclose the full postal `iaddress of the
sender or the
full identity of the public officer against whom grievance is made. .
If any case is dismissed on the basis of above regulation order shall be
communicated to the complainant in form No. IV and the case shall be
treated as closed. (Section 13 of regulation).Section 10 of regulation deals
with process relating to receipt and dispatch of communication addressed to
the commission. It clearly mention that communication addressed to
chairperson, or a member should be received at counter of commission and
proper record should be maintained regarding such as, date of receipt
,diary number, senders name the revenue district to which the complaint
belongs and then transmit the same to Law Division under acknowledgement
.Section 11 the regulation of the basically prescribes the procedure relating
to complaints which states the manner in which cases should proceed after
it has been formally accepted by the commission. It describes the way in
which case register to be maintained and manner in which case is placed
before the bench. The section further deals with the fact that how records
such as index, order- sheet and forms should be maintained for future use.
Section 12 particularly describes about the constitution of bench and placing
of case file before the bench. Further
Regulations relating to further investigations
Section 15 to section 20 of this regulation basically points out the way in
which the investigation of case should proceed further. Section 15 describe
the process of issuing summons to parties involved in the cases ,whereas
section 16 relates to report of police investigation. Section 24 and 25 relates
to time period for which case file should and how it should be disposed.
While inquiring into complaints under the Act, the Commission shall have all
the powers of a civil court trying a suit under the Code of Civil Procedure,
1908, and in particular the following, namely :

Summoning and enforcing the attendance of witnesses and examining

them on oath;

Discovery and production of any document;

Receiving evidence on affidavits;

Requisitioning any public record or copy thereof from any court or

office;
Issuing commissions for the examination of witnesses or documents;
Any other matter which may be prescribed

Miscellaneous
Section 28 to 37 of regulation are deals with the process of conducting
meeting, recording its observation and publication of report by the
commission.

i1 Section 36 of PHR ACT 1993 prohibits NHRC and SHRC from interfering in cases which is pending
before any commission2 Section 36(2) of PHR Act 1993 limits commission from enquiring into any
matter which has been filed a year after the expiry of the date in which human right violation take
place.