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Chhattisgarh Human Rights Commission

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

SUBMITTED BY
ANURAAG MATHIAS
1st Year
B.A. LL.B. (Hons.)
HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

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
8th 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.

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 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.

ORIGIN OF HUMAN RIGHTS IN INDIA


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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 28 th 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
philosophical debate; while there is consensus that human rights encompasses a wide variety of
rights such

as

the right

to

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)

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.]

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.

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

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.

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
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22. HARYANA
23. RAJASTHAN

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
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the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by
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

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(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.

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.

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28. Annual and special reports of State Commission


(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.

FORMATION OF CHHATTISGARH HUMAN RIGHTS


COMMISSION
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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.

PRESENT SET UP OF THE COMMISSION


CHAIRPERSON
HON. JUSTICE RAJEEV GUPTA

MEMBER
SHRI Y. K. S. THAKUR
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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

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;

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(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.

CLASSIFICATION OF COMPLAINTS IN CHHATTISGARH HUMAN


RIGHTS COMMISSION

1.
2.
3.
4.
5.
6.

Custodial death in Police


Police atrocities
Police inaction
Complaint related to false implication
Illegal detention
Other Police related complaints
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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
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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