CHAPTER 1

INTRODUCTION

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 INTRODUCTION

Every subject is limited to its study and it is necessary to come out with some sort of
definition to do proper study. It is felt necessary to do proper analysis of the subject which comes
from different aspects of the analysis.

First of all, the most frequent question crops up in our mind before entering in to the
detailed study is that “Meaning of Right”. A Right is a claim which is recognised by any society
and enforced by the state. Every individual in this world are entitled to claim his own rights.
Without a right man cannot be at his best. Rights are external condition which is necessary for
the greatest development of individual capabilities.

Human Rights are universal. By virtue of being human, they commonly are understood as
inalienable fundamental rights to which a person is inherently entitled to be a human being.
These rights are ‘natural rights’ or ‘legal rights’. Human rights abided by United Nations as
international priority was declared universally. Human rights are basic rights and freedoms to all
people who are entitled to nationality, sex, age, national or ethnic origin, race, religion, language.
Many philosophers have criticised the concept of human rights such as Jeremy Bentham,
Edmund burke, Friedrich Nietzsche and Karl Marx. The Human rights can be classified and
organised in different ways. At international level, the most common classification of human
rights has been to split them into civil and political rights, economic, social and cultural rights.

Human right is a twentieth century term, which is traditionally known as “Natural

Rights” or “Rights of Man”. The notion of Rights of Man and such concept of human rights are
as sold as humanity. The Virginian Declaration of Rights of 1776, the Declaration of
independence of 1776, the Bill of rights in the form of the first ten amendments to the
constitution of America and the Declaration of the Rights of Man and of the Citizen adopted in
1789 by the French national assembly and started to the constitution of 1793 and 1795 this are
the convention which expressly inherent the rights of man. It is believe that the concept of
human rights is Western and the origin of the concept of human rights, first expression found in
the “ Magna Carta of 1215 and it is followed by the Petition of Rights of 1628, the Bill of Rights
of 1688, the American Bill of Rights of 1791 and the French Declaration of the Rights of Man of
1798.Thomas Paine, who coined the term “human rights” in his English translation of the French
Declaration of the Rights of Man and the Citizen, 1789, he wrote his classic book on Human

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Rights in1792 titled The Rights of Man. Mary Wollstonecraft argue equal rights for women and
she wrote a classic book” A Vindication of the Rights of Women”. Eleanor Roosevelt
recommended changing the name from ‘Rights of Man’ into ‘Human Rights’ in 1947.It is
universally accepted and on 10th December 1948, the General Assembly adopted the Universal
Declaration of Human Rights.

The Government of India realise to establish an independent body for promotion and
protection of human right violation. It is an effective implementation of human rights provision
under national and international level. The National Human Rights Commission came into effect
from 12 October 1993 under the Protection of Human Rights Act 1993.More than states have
also setup their own human rights commission to deal with protection and promotion of human
rights violation within the state. Section 2 (d) of the act defines human rights related to life,
liberty, equality and dignity of the individual guaranteed by constitution or embodied in the
international covenants and enforceable by courts in India. Part III of the India constitution deals
with Fundamental rights which provides certain rights to individuals. Part IV deals with the
Directive Principles of Sate Policy. However, the rights that are guaranteed in the constitution
are required to be in conformity with International Covenant on economic, social and cultural
rights.

Human Rights commission is a fat finding body or an advisory commission to the

government. Its primary function is to advice the Government by giving its reports whenever
complaint against the Government was made by any citizen. It is duty of every State Human
Rights Commission is to protect its citizen and maintain peace in the society and to punish the
law broker for disturbing and violation of human rights. Since pressing a needs was felt in India
to have a well structure legislative and judiciary in case of human rights violations.

In the State of Goa, State Human Rights Commission was constituted on March
2011.The aim of the study focuses on working of the State Human Rights Commission in the
State of Goa.

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Importance of study

The study has a vast scope in terms of understanding the nature of human rights violation
in the present context. The importance of study lies in the fact that the Goa state human rights
commission has investigated a number of cases of human rights violation. Researcher have seen
many problems in Goa like prostitution, illegal trafficking, misuse of power, rape, torture, breach
of human rights by the government officer, sexual harassment at work place, provided work not
done by officers, discrimination with the staff member and violation of his rights , discrimination
with the staff member for promotion and transfer, and for that reason the researcher like to
research on this problem “Working of State Human Rights Commission in the State of Goa.

Objectives of study

For the present research study, the objectives are as follows: -

1. To identified the Human Rights meaning and its origin.

2. To understand the evolution of Human Rights.
3. To trace out establishment of National and State Human Rights Commission
4. To evaluate the working of Goa State Human Rights Commission.
5. To offer certain suggestion for improvement of Goa State Human Rights Commission.

Hypothesis

For the purpose of this study the researcher purposes the following hypothesis: -

1. The Commission failed to achieve its objectives due to Government apathy towards
appointing the members of the commission.
2. Non appointment of chairperson seriously hampers the functioning of Sate Human Rights
Commission.
3. Lack of awareness among the people of Goa, resulting in less number of complaint filed
in the commission

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Methodology

The present study contains partially doctrinal and partially empirical study: -

1. Doctrinal study will include books on human rights bare act articles, reports status, study
of cases by NHRC and SHRC, internet websites will be referred to.
2. Empirical study will include the use of questioner to produce information from various
public officers, members of the Human rights commission, interviews with the practicing
advocate and complainant.

Limitation of the study

The Protection of Human Rights Act 1993 was enacted to protect the Human Rights of
Citizens. This Act provides establishment of National Human Rights Commission and State
Human Rights Commission. Under the Act it is the obligation of each state to establish State
Human Rights Commission. Unfortunately, Goa state did not establish State Human Rights
Commission till 2010.In 2010 State Human Rights Commission was appointed due to a PIL filed
by a law student. Therefore the present study focuses on working of State Human Rights
Commission. The study is limited to the data collected from Advocates, Members and
Complainants from North Goa. The data would be collect right from the inception of State
Human Rights Commission till date.

Schemes of the study

The present research contains five chapters.

Chapter 1, deals with introduction on human rights and some introduction about commission,
explain the objective of the study, hypothesis, methodology, scheme of study and limitation of
the study.

Chapter 2 deal with evolution, its origin and development of Human right, different aspect of
national and international prospective.

Chapter 3 traces out State human rights commission in India. It also deals with Introduction,
power, function, procedure, composition, removal etc. As some of the areas that are studied in
this chapter and also judicial decision.
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Chapter 4 evaluates the working of Goa State Human Rights Commission. This chapter will
contain statistical data and analysation of the field data. Along with this chapter also include the
study of questionnaires and interviews. The period of limitation also be mentioned.

Chapter 5 This chapter deals with the conclusion arrived from the analysis of the data
collection. Also few suggestions will give on working of Goa State Human Rights Commission.

TO UNDERSTAND THE EVOLUTION OF HUMAN RIGHTS

Broadly, speaking the term “Human Rights” has been explained in different aspect of
laws. It has widened the scope. As we known that Human rights are ‘universal’, ‘rational’,
‘inalienable’, ‘dignified’, ‘indivisible’ ,’interdependent’ and ‘inter-related’. The term ‘Human
Right’ is comparatively recent origin. It seems that the concept of human rights is as the history
of human civilisation. After the formation of the United Nations in 1945, it was recognised as
formally and universally. As it is stated that human rights are those rights which are inherent in
our nature and without which we cannot live as a human beings. In other way, human rights are
eternal part of nature which is essential for individuals to developed their personality, human
quality, intelligence, talent and conscience and enable them to satisfy their spiritual and other
desires.

Historical Background of Human Rights

Historically, the concept of human rights came from European plant. Now, it has been
received as a support of world’s nation. Commonly, the term has been come during
20thcentury,but, the idea of human rights basically from the period of 17th and 18th century
European thought. Some philosophers like Thomas Paine, in his essay, “the Rights of Man”,
John Stuart Mill, in his book, “Essay on Liberty and Henry David Thoreau, in his critics, “Civil
Disobediences” has expanded the concept of human rights. Particularly, Gandhi and Luther King
have developed their ideas on ‘non-violent resistance to unethical Government action from the
work of Thoreau’. The greatest religion of the world such as Hinduism, Christianity, Buddhism,
Taoism and Islam and other contribution has profound the idea on the ‘dignity the human being’
and also concerned with ‘the duties and obligation of man to his follow human beings’. Thinkers
ancient Indian such as Manu, Parasar and Kautily has put some efforts to protect the rights and
dignity of the individual and from the ability of the ruler to protect the dignity of the individual.

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The history of human rights have been traced to early slave revolts. The Renaissance, the
industrial Revolution the “Gloroius Revolution” of 1688 that led to the ‘English Bill of Rights’
in 1689,’the American War of Independence’,1776 and ‘the France Revolution’1789, ‘the
BolshevikRevolution’1917 and the World War I and II, this are the important event, which has
been contributed for the growth of human rights movement.

Growth and Development of Human Rights

The root for protection of human rights of man can be trace back from the Babylonian
laws. The Babylonian kings such as ‘Hammurabi’s issued a set of laws to his people called
‘Hammurabi’s Codes’. It has established fair wages, offered protection of property and also
required charges to be proved at trial. From ancient Greeks, some scholars have trace out the
origin of human rights. Human Rights are recognised those rights, which is given by a ‘Greek
play Antigone’ as Natural Rights of Man. However, Stoic philosopher in his philosophy
contributed the notion of natural rights of man. Firstly, this philosophers has established natural
law theory and also explained the nature of human right. However, it is noted that the citizen of
Greek city states enjoy basic rights even before the formulations of natural law theory and also
explained the nature of human right. However, it is noted that the citizen of Greek city states
enjoy basic rights even before the formulations of natural law theory. Human rights are different
in nature like civil, political and economic rights without these rights no one can survive.
Consequently, rights entailed to decide how she or he behaves with the other individual. There
two types of laws i.e positive law and natural law. Positives law refers to the state and natural
law refers to the nature of individual based upon the formation of moral principles of the society.

Traditionally, human rights are dynamic. Human rights are inalienable rights because no
one can cease to be human. In modern history, the idea of human rights trace back to 539 B.B.
The first king of ancient Persia, the Cyrus the great conquered the city Babylon and freed his
slaves. Later, he declared that each individual has specified sets of rights to select their own
religion and racial quality. Now, today what is known as the “Cyrus Cylinder” as the first charter
of human rights. This document interpreted into all six official languages of the united nation and
served as precursor for the first four rights of the universal declaration of human rights.

Which asserting the individual rights such documents known as ‘Magna Carta (1215), the
Petition of Right (1628)’, ‘the US Constitution (1787)’, ‘the French Declaration of the Rights of

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Man and of the Citizen (1789)’ and ‘The US Bill of Rights (1791)’ are many written precursors
of today’s human rights documents. The concept of Human rights drive from western and it
founds its expression in Magna Carta of 1215.Magna Carta considered as a milestone document
which is granted by king John of England to the English barons on June 5, 1215.It is important to
the human right struggled, where the freemen English feudal lord intended to restrain the king
from arbitrary acts or punishment of any kind.IN 1628, the Petition of Rights supported the
Magna Carta.

Petition of Rights, produced in 1628, and it is recorded as a next milestone in the

development of human rights by the English Parliament and then, it is sent to Charles I as a
statement of civil liberties. The arbitrary arrest and imprisonment for opposing these policies,
which is produced in parliament, “a violent hostility to a Charles and to George Villiers, the duke
of Buckingham”. Sir Edward Coke has initiated, the Petition of Right, which is based upon
earlier status and charters and also asserted four principals such as: - 1) No taxes should be
levied without the consent of parliament, 2) There is no subject which may be imprisoned
without a cause shown (reaffirmation of the right of habeas corpus), 3) No soldiers might be
quartered upon the citizenry, and lastly, Martial law may not be used in time of peace. In 1688, at
the end of Glorious Revolution, indicate a new era in the history of human rights. This bill was
passed in the Parliament. However, it established the parliamentary sovereignty and also reduces
the arbitrary powers of the English minority. In fact, this bill also incorporated the certain basic
fundamental human rights guaranteed to all citizens of England, freedom of speech and also
certain other political rights.

The concept of Human Rights has emerged after the Second World War. Subsequently,
the rights of man existed in the ancient era which is known as the natural rights and divine rights.
All these rights are known as different names. As we can say that a rights is a claim of individual
which is established by the states or by society. Hobbes, lock and Rousseau are the founder of
the social contract theory of the state.

It is derived that Human Rights are minimal rights which is available to every human
being without discrimination of caste, language, religion, sex, nationality and social or economic
condition in the society. Broadly speaking, human rights are fundamental rights where every
man is entitled by virtue of being human.

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United Nation

On 26th June 1945, at San Francisco conference, the charter of United Nation was
adopted. Respectively, it is adopted by the General Assembly in 1945 and 1948 and ratified by
majorities of its signatories Since, human rights law has been gradually expanded by the United
Nation, basically, specific standards for women, children, person with disabilities, minorities and
other vulnerable groups, who possess that rights to protect them from discrimination that have
been common in many societies. The preamble and articles of the United Nation declared that it
shall have its object, inter alia, “to reaffirm faith in ‘fundamental human rights’……., thereafter
it is state the ‘purposes’ of the United Nation shall be “ to achieve international co-operation….in
promoting and encouraging respect of human rights and for fundamental freedom for all without
distinction as to race, sex, language, or religion….”Article1.’ The United Nations charter is not a
binding instrument. It is ideal of the states which were developed by different agency and organs.
In addition, article 13 of cheater states that the General assembly will initiate studies and make
recommendations for the purpose of “assisting in the realization of human rights and
fundamental freedom for all without distinction as to race, sex, language, or religion”. Further, it
says that efforts should be made to create awareness on human rights it is found to be lacking or
deprived of their rights. Article 55 of the Charter provides that “the United Nation shall promote
universal respect for and observance of, human rights and fundamental freedom for all without
distinction as to race, sex, language, or religion”. As earlier it is mentioned in Article 1, para3,
about the role of nation states in promoting human rights, this article clearly emphasized the
importance of human rights and that United Nation itself taken up the responsibility in promoting
human rights. Although, Article 56 provides that “all members pledge themselves to take join
and separate action in cooperation with the organisation for the achievement of the purposes set
forth in article 55”. Article 62 empowers the Economic and social council (ECOSOC) for the
purpose of promoting respect for and observance of human rights and fundamental freedom for
all”. Finally, one of the best objectives of the trusteeship system as set forth in article 76, is to
“encourage respect for human rights and for fundamental freedoms for all without distinction as
to race, sex, language, or religion and to encourage recognition of the interdependence of the
peoples of the world”.

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Universal Declaration of Human Rights

On 10th December 1948, the General Assembly of the united nation adopted the Universal
Declaration of human Rights, which is common goal for all people, all nations, every individual
and every group in society. The first documentary uses its expression to the foundation of
contemporary international human rights law and also the touch stone of global human right
movement. The preamble of UDHR, states that the recognition of the inherent dignity, equal and
inalienable rights to all family member of the human is the ‘foundation of freedom, justices,
peace in the world and member states have pledge themselves to achieve incorporation to the
United Nations, in fact, promotion of universal respect and observance of human rights and
fundamental freedom”. It consists of 30 articles, basically, made for the body of declaration and
enumerate the rights to all human beings, such as, freedom for arrest and detention without trial,
freedom of movement, freedom of association, freedom of expression, freedom to participate,
freedom to basic education, freedom to form family and protection of family rights, rights to
nationality, rights to property, right to participate in political life of the country and lastly
freedom to seek asylum in the other country.

International Covenants

In 1966, the United Nation adopted and ratification of two covenants on human rights. It
is outline in the universal declaration, codifying two sets of rights. In 1976, International
Covenant on Civil and Political Rights and International covenant on Economic Social and
Cultural Rights came into force. After this General Assembly adopted Optional Protocol on Civil
and Political Rights. On 23rd March, 1976, the Optional Protocol to the International Covenant
on Civil and Political Rights, 1966, came in to force and on 11 th July, 1991, the second Optional
Protocol to the International Covenant on Civil and Political Rights pointing at the abolition of
Death Penalty in 1989 came into force. Together, with Universal Declaration of Human Rights,
cover the International Bill of Human Rights”. Consequently, the International Bill of Human
Rights is a collective term applied to five major international instruments. Namely, these three
documents UDHR, ICCPR and ICESCR deals with human rights and fundamental freedom.
However, The Covenant on Civil and Political Rights consists of 53 article divided into six parts
and the Covenant on Economic, Social and Cultural Rights consists of 31 articles and divided
into five parts.

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Human Rights in India

However, in India reference of Human Rights has been recorded in history and ancient
scripture, where the exact term of human rights has not been used. As per knowledge, there are
many India thinkers who have criticised the history of Human Rights and fundamental freedoms.
No doubts in mind, that the western thinkers were the 1st to contemplate the idea and also, use the
term human rights. Actually, human rights jurisprudence has always occupied a place of prime
importance in India’s rich legacy of historical tradition and culture which is evident in the
prevalence of different culture, tradition and faith in India. In fact, the truth is that what went has
discover human rights, now, India has embedded the same in its deep-rooted traditions since time
of Vedic period.

Human rights in ancient India

Vedic texts, reveal that the quest for equilibrium, harmony, knowledge and truth inspired
from the ancient Indian minds, more than their counterparts the Greeks and Romans. It is true
that ancient Indian philosophers and thinkers about 5000 years ago expanded a theory of higher
moral law over and above positive law containing certain values of universal validity like
Dharma (righteousness), Artha (wealth), Kama (desires), and Moksha (salvation), with a view to
establish a harmonious social order by striking a balance between inner and outer, spiritual and
material aspects of life. Ancient India legal philosophers, as they were Universalists, humanists
and moralists evolved a system of legal theory that is based upon higher values and ideals. In
Vedic age, the philosopher tried to define ‘Human Rights’, as those rights which are inherent in
our nature and without which we cannot live as a human beings. Although, Human Rights are
universal and its apply to all person without any discrimination.

In Vedas, there are numerous stages which throw lights on the human rights existence. In
the Rigveda three Civil Rights, that of Tana (body),Skridhi (dwelling place) and Jibhasi (life)
were mentioned. The Indian scriptures tell us, about the importance of the freedoms of the
individual in a state. Kautilya, the author of ‘Arthashastra’ elaborated civil and legal rights in his
treaties. ‘Kautilya, the author of celebrated political treaties, Arthashastra, not only affirmed and
elaborated the civil and legal, first formulated by Manu, but also added a number of economic
rights’. Kautilya had pleaded before the king, to protect the rights and dignities of the subject. In
the similar words, Sukracarya, “the king is the root of the tree of state, the ministry is its trunk,

11
the military chief are branches, the army is the leaves of the subject are its flowers, prosperity of
the country its fruits and the whole country the final seed”.

In the post-Vedic period, the rise of Buddhism and Jainism was certainly a reaction
against the deterioration of the moral order as against the rights of privileged class. In post-Vedic
era, life was more human and liberal. After Buddha, Ashoka protected and secured the most
precious of “Human Rights particularly right to equality, fraternity, liberty and happiness”.
Successfully he establishes a welfare state and made provisions for securing freedom such as
freedom from hunger, disease and deprivation. He was a champion of civil liberties. The forest
folk in his domain to enjoy security of life, peace of mind and enjoy their life with other people
in the society. Under Ashoka’s administration, torture and in human treatment of prisoners were
prohibited.

Human Rights in the Islamic era (Middle age)

In the middle ages, the concept of human rights lost in its way in the dark and narrow
valley. In India, the Muslim invasion created a new situation wherein the Muslim ruler and
Sultans followed a policy of discrimination against Hindus. So significance of Muslim rule in
India was counter-productive to harmony, justice and equality. There was one law for the
Muslim and another for Hindus and as a result the principle of equality was not given much
importance.

The Muslim conquerors such as Mahmud Ghaznavi, Sikandar, Babur and other
conquerors made frontal attacks on ancient Hindu by way of life and religion. However, they
destroyed the temples, idols and also made conversion into Islamic alienated masses. They
withdraw the social rights of the Hindus. The people who are belonging to Hindu religion, a tax
known as ‘Jazia’ was imposed. With the Mughal ruler, especially with Akbar a new era began in
the Mughal history of India in the field of human rights as a result of his policy of ‘Universal
reconciliation and Tolerence’. The finest contribution of the Akbar, was to restore the human
rights. He was far from religious bigotry and made that everyone should be treated as equally.

The India ‘s great personality, such as Shankara, Ramanuja, Madhava, Tulshidas, Kabir,
Guru Nanak etc. re-established the supremacy of Indian values over alien ideals and philosophy.
Similarly, various religion movement like bhakti (Hindu) and sufi (Islamic) and remarkable

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contribution to the emergence of human rights which at times suppressed by the other Mughal
empire like Aurangzeb, Babar, Humayun etc.

Human Rights in British India

The modern version of human rights jurisprudence said to be taken birth in India at time
of the British ruled in India, resistance to foreign rule manifested itself in the form of demand for
fundamental freedom and the civil and political rights of the people, Indians were humiliated and
discriminated against the Britisher. The freedom movement and the harsh repressive measure of
the British rulers, encourage the fight for civil liberties and fundamental freedoms. The British
colonial period remains the Indian equivalent of the “Dark Ages”. Lord Macaulay rejected the
Indian ancient legal political system as ‘dotage of brahminical superstition, and condemned
ancient legal heritage and its inner care as an immense apparatus of cruel absurdities’. Lord
Wellesley condemned the Indiana as vulgar, ignorant, rude and stupid and Lord Cornwallis
described as an axiom that every native of Hindustan is corrupt. The English East India
Company debarred Indians from high offices and deprived them from their political, social and
economic rights. In Indian minds impression was created that their sacred inalienable human
rights and vital interests had been ignored, denied and trampled upon for the sake of England and
the English rulers.

Gandhi ji led down the national movement, not only emphasised the country free from
foreign rule, but also regarding the political freedom. The various social causes take upon, such
as abolition of untouchability and Harijan’s rights to enter into the society. The modern Indian
social reformer, Raja Ram Mohan Roy made poignant critique of the religious rituals that were
created major division in Hindu society and denied majorities of the people with their basic
human rights. Further, also criticised all from of discrimination against the women and also
raised his voice against sati pratha, child marriage and violence against the women. Ishwra
Chandra Vidyasagar, like Raja Ram Mohan Roy, raised against all odds and obstruction,
including hostile social resistance and dedicated himself to be a cause of women emancipation.
In 1856, due to his effort, the legal obstacles to the marriage of widow remove through
legislation and also played an important role promoting education to girls. Mahatma Gandhi
organised the people of India under his leadership and launched his non-violent struggled to
achieve self- Government and fundamental rights for themselves. The Indian National Congress
was formed in 1885, to stress, the British ruler should take steps to amend social, economic and
13
political condition of the masses. The Indian National Congress made efforts, to revive the
philosophy of Human Rights in modern sense, which demanded the basic Human rights in the
constitution of Indian Bill, 1895. Further, Bill requested Indian Constitution guaranteed everyone
for citizen, freedom of expression, right to equality before law and free education. In the first
quarter of 20th century, the Indian National Congress recognised the civil rights and also adopted
several resolution to the effect from 1917 to 1919.Another major development was drafted by
Mrs. Besant’s Common wealth of Indian Bill of 1925.Indian National Congress setup a
committee in 1927, to draft a “Swaraj” constitution of the basis of declaration of rights. Next,
under the chairmanship of Pt. MotiLal Nehru, setup a committee in May 1927, suggested that
fundamental rights should be further incorporated in the Indian Constitution. On 15 th August
1947, India got independent but it was incomplete. In fact, the struggle for freedom not only for
political independence, but freedom form conflict miseries, hunger, poverty, exploitation and
discrimination. When constitution of India was framed on 10 th December, 1948, the universal
Declaration of human rights was adopted. Wherein, the constituent assembly guaranteed
constitution for India, it shall guaranteed and secured to all people of India, social justice,
equality of status, economic and political, freedom of thought of opportunity and before the law,
belief, faith, expression, worship, vocation, association and action, subject to law, and lastly
public morality.

Human Rights under Indian Constitution

The constitution of India came into force on 26th January 1950.In the preamble, part III of
the constitution consists of fundamental rights, part IV comprises of Directive principle of State
Police, part IV (A) consists of fundamentals duties. The maker of the India constitution has paid
special attention toward human rights and achieves its purpose. Apart from this many rights were
incorporated in the constitution and also the provision was made to protect their human rights.
The civil and economic rights are incorporates in part III of the constitution. Fundamental rights
are also known as natural rights. The economic, social and cultural rights are incorporated in part
IV of the constitution.

At the beginning of the nineteenth century, in India, humanitarian ideas become popular.
The act came into force to protect the human such as the abolition of sati, 1829, the abolition of
slavery, 1843 and abolition of female infanticide, 1870, introduction of widow remarriage by
legislation, 1856, and prohibition of child marriage 1929, was restrains imposed tradition and the
14
beginning of humanisation legislation. As we known that we had adopted the pattern of America
Bill of Rights. Under Indian constitution fundament right guaranteed as similarly to U.N
declaration of human rights and it consists of article such as 14,15,16,19,20,21,23,25,29,31, and
32.

The preamble is the basic structure of the constitution, sets out the aims and objective of
the people. It explains the nature of Indian constitution and upholds its dignity and rights of the
people. Article 12-35 deals with fundamental rights. Directive principle of state policy to ensure
the implementation of human rights. It embodies the article such as
14,15,16,19,20,21,23,25,29,31, and 32.

The preamble is the basic structure of the constitution, sets out the aims and objective of
the people. It explains the nature of Indian constitution and upholds its dignity and rights of the
people. Article 12-35 deals with fundamental rights. Directive principle of state policy to ensure
the implementation of human rights. It embodies the article 37-51 are the complex value which
aim to established welfare state.

As we came to know that the idea of Human Rights is as old as human

Civilisation .International prospective included the Magna Carta, 1215 in England, the American
Declaration of Independence 1776, the French Revolution 1789 and Bolshevic Revolution of
Russia 1917 citied the important in the landmark development of the consent of human rights.
Each declaration made important contribution in the evolving the concept of human rights.
Whereas, national perspective, ancient Indian Philosophers and thinkers expanded the concept of
human rights in broader way. The constitution of India is a rich document in the human rights
jurisprudence. Whereas, Fundamental rights and Directive Principle of State Policy plays
significant role in promoting and protecting human rights.

In the next chapter researcher will look into various provision of Sate human Rights
Commission as well as other laws in India along with the role of commission and judiciary in
protecting human rights violation.

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STATE HUMAN RIGHTS COMMISSION IN INDIA

In this chapter, the researcher will touch upon the various provision of the State Human
Rights Commission, which has been drafted keeping in view of the act. This shall include the
purpose of the Act, constitution of the commission, composition, removal and terms of the
member as well as function of the commission. The researcher will also look into the role played
by the commission and judicial provision regarding the human rights. A brief glance also be
given various enactment of State Human Rights Commission.

Purpose of the Act

The Protection of Human Rights Act 1993, Chapter V with the State Human Rights
Commission. However, it supplements the efforts of the judiciary and executive body to protect
the human rights. Many State Government, vide, its resolutions of the home Departments
decided to constitute the State Human Rights Commission within the state to protect the
Citizens.

The Human Rights Commission is known as Human Relation Commission, to protect

and investigate into Human Rights violation. The State Human Rights Commission works under
the supervision of National Human Rights Commission and takes cognizance of cases within the
state and if necessary can transfer the cases to National Human Rights Commission. In such
situations, if appeal is made, then, National Human Rights Commission works as the Supreme
Court and is the highest appellate authority in such matters. The State Human Rights
Commission can look into violation of human rights, the subject, which is covered under the
state list and concurrent list in the seventh schedule of the Indian Constitution. The weakest point
of State Human Rights Commission is that it cannot look into the matter which is pending in the
National Human Rights Commission and any other statutory commission constituted under any
law in force. The provision for creation of State Human Rights Commission in the state level is
enshrine in Section 21 of the Protection of Human Rights Act, 1993. State Human Rights
Commission has no power to call for a report from central or from other State Government.

On 14th May, 1992, The Human Rights bill was introduced in the Lok Sabha and was
referred to the standing committee on Home Affairs of the Parliament. The President of India
promulgated on Ordinance, which established the National Human Rights Commission and

16
Commission for State level on 27 thSeptember, 1993, owing a pressure from foreign countries as
well as from the domestic front. Therefore, a bill on Human Rights was passed in the Lok Sabha
on 18th December, 1993 to place the Ordinance promulgated by the President. The Bill became
an Act, having received the assent of the president on 8th January, 1994.

Constitution of the Commission

The Act deals with the constitution of Sate Human Rights commission. State Human
Rights Commission in Ste consisting a chairperson, who has been, a Chef Justice of a High
Court; one member who is, or, has been, a District Judge, in that State and member to be
appointed having knowledge of or practical experience in the matter of human rights.

Composition

This Section deals with composition of State Human Rights Commission. The important
amendments to the Protection of human Rights Act, 1993, vide, the Protection of Human Rights
(amendment) Act, 2006, deals with the composition of State Human Rights commission. As per
the act, the state commission consists of a chairperson and four members. After the amendment
of the section, the State Human Rights Commission consisting of a Chairperson and two
members shall be appointed by the Governor, on recommendation of a Committee consisting of
the Chief Minister (Chairperson) and other three members, i.e, the speaker of the Legislative
Assembly, the Sate Home Minister and the leader of the opposition in the Legislative Assembly.

Removal of a member of the Sate Human Rights Commission

This Act say that provision of sub-section (2), the chairperson or any other member of the
commission can be removed, only by the President, on the charge of proud misbehaviour or
incapacity, after a regular inquiry by a judge of the supreme court. They are removable on the
ground as provided for such removals of the members of National Human Rights Commission as
well.

Term of office of members

The chairperson and members hold its office for a term of five years or until they attain
the age of 70 years, which is earlier. A member is eligible for the re appointment for another

17
term of five years. After the completion of their tenure, the chairperson and members are not
eligible for further employment under a State Government or the Central Government. At present
in the state of Goa consisting only one member in the commission and there was a chairperson
who retire a long back, but the post has not yet been filled by the State Government.

Function of the commission

In the present research, the researcher shall confine the study to the function of the State
Human Rights Commission. Such as:-

1. Commission shall inquire suo-motu or on a petition presented to it, by a victim, or any

person on his be into complaint of violation of human rights or negligence in the
prevention of such violation by a public servant.
2. Commission may intervene in any proceedings, involving any allegation of violation of
human rights, before a court with the approval of such court.
3. Commission shall visit, under intimation to the State Government, any jail or any other
institution, under the control of the state government, where person are detained or
lodged for the proposes of treatment, reformation and protection to study the living
condition of the inmates and make recommendations thereon.
4. Commission shall 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 will recommend
measures for their effective implementation.
5. Commission shall review the factors, including acts of terrorism that inhibit exercise of
one’s human rights and as well as recommend appropriate remedial measures.
6. Commission will undertake and promote research in the field of human rights.
7. Commission shall spread human rights literacy among various section of society and
promote awareness of the safeguards available for the protection of these rights through
other means.
8. Commission shall encourage the efforts of Non-Governmental organisation and
institution working in the field of human rights.
9. Commission may perform any other function as it may consider necessary for the
promotion of human rights.

The Commission is empowered to exercise the power of civil court respect of

summoning and enforcing attendance of witness and their examination on oath, discovery and
production of documents, receiving evidence on affidavit etc.The Commission for the purpose of
conducting any investigation pertaining to the inquiry can utilize the service of any officer or
investigation agency of the Central Government or any the State Government with the
concurrence of the central government or the state government, as the case may be. The
commission also performs some important function of making recommendation and guidelines
to various authorities.

18
Role of the Commission and Judiciary

As we known, that Commission has a significant role to play for human rights violation.
In various instance of human rights violation, it took cognizance and non- cognizance on the
complaint filed before it. Here are the some references which is made in few cases, which are
discussed below:-

In Gujarat Communal Riots Case, Commission took suomotu action on communal riots,
in early 2002, which is took place in Gujarat based on media report. The Commission received
an email communication and also requested the commission to intervene in the matter. In March
2002, a team of the commission had visited in Gujarat and prepared a confidential report, which
was published later. The Commission observed that the State failed to discharge is primary
function and certain responsibility, to protect their rights such as right to life, liberty, quality and
dignity which is constituted.

In Bonded Labourers Working in Chauna Stone Mines, District Gwalior Madhya

Pradesh, Bonded Labour Liberation file a complaint that 400 bonded labourers was working in
chauna stone mines, in District Gwalior and besides, the tortured and harassed, their wages also
not paid. Commission asked the Government to direct Labour Commission, MP to ensure the
inspection of these establishment and strict enforcement of all labour law.43 persons were
released and sent to other district as per their wishes. Therefore the commission also asked the
Government of MP to give information with regard to the action taken in Butan and other 43
persons. In a subsequent report, Labour Departments, Government of MP stated the
rehabilitation of released labourers and also indicated the action taken against the guilty
employers. On consideration of the report, commission closed the case.

In case no.243/4/39/2012, the commission has taken suomotu cognizance of a press

report titled “kids thrashed for refusing insect infested school meal”. The report alleged that
students of a school at Mithani Milki village of Vaishali District near Patna, where the
headmaster beaten them for refusing to eat a mid-day meal of khichdi in which they found
insects, till they collapsed. The commission issued notice to the Chief Secretary, Government of
Bihar and the District Magistrate, Vaishali to submit a report in the matter and also the steps
taken by them. The SP Vaishali, Bihar submitted the report that charges sheet has been filed
before the court against the Head master of the school. Further directed, the District Magistrate,

19
Vaishaki, Bihar, to send a report along with the proof of payment within the six weeks, regarding
the payment of interim monetary relief to the victim student of SC community under the
provision of Rule 12 (4) of SC/ST (PA) Rules 195.Response received in the matter is under
consideration of the commission.

In case no.1155/35/5/2014, commission took suomotu cognizance of the matter on report

published in Hindi Newspapers titled ‘Is school main bachche helmet pehankar karteh hain
padhai’. According to the newspaper report, in a school in village Doodhi, 25 kms from
Dehradun, children wear helmet while studying in the class room. It is mentioned that building
of the school is in dilapidated condition and plaster from the roof continuously falls. The fall of
plaster from the roof has resulted in injuries to many students in the school. Therefore, for
protecting the head of the children from injuries, the parents provided the children to use helmet
in the school. However, the contents of the press raised up a serious issue for violation of human
rights of school children. The commission has issued a notice to the Secretary, Department of
education and also directed to furnish a report in respect of dilapidated condition of school
building in the state and the corrective measure would be taken by the State Government. District
Magistrate, Dehradun were also directed to submit a report of the children who has suffered
injuries in the school and also informed to give detailed information of medical treatment
provided to them as well as any ex gratia relief granted by the State Government. Under
consideration, the matter is pending in the commission.

In Case No.4674/30/0/2012, commission took suomotu cognizance on media report that

in eight days, 50 children were missing in Delhi. As per the website of Delhi police, from 1 st
July, 2012 and no steps were taken to tackle with these problems. Allegedly, in many cases
police also delayed to registered the complaints of the missing children. Because of delay, it
helped the accused to taking the children out of the city. The commissioner issued notices to the
Chief Secretary, Government of NCT Delhi and the Delhi Police Commissioner to submit the
report on this matter.

The Chief Secretary, Government of NCT Delhi and Delhi police Commissioner asked to
inform as to whether “guidelines on missing children” has been circulated by the commission
vide its letter dated 06/08/2007, are being strictly followed. As same guidelines were followed in
Uttar Pradesh, in this complaint commission took suomotu cognizance on media report that 90
children were missing in Ghaziabad, Uttar Pradesh all most six month i.e from 1 st January 2012
20
to 1st July 2012.However,251 children were missing in the district and 115 children out of them
remained untraced, last year. Hence, there are several instance of missing children in Ghaziabad.
Although, police has not registered the complaint or any report has been made on their record.
Report were called from Chief Secretary, Government of Uttar Pradesh and the Deputy
magistrate, Ghaziabad, and also commission instruct them to inform as to whether its “guidelines
on missing Children” to issued in all states in 2007, and also strictly followed in Uttar Pradesh,
particularly in Ghaziabad.

In Case No.2363/24/30/2012, on 20th July, on media report that 22 years old boy, Dalit
who is brutally assaulted by some Gujjars in Western Uttar Pradesh and also tied him to a
railway track due which he lost his legs. The notices were issued by the Commission to the State
Chief Secretary and the District Magistrate and reports were called from Ghaziabad. Alleged,
victim Tika Ram was admitted in the ‘All India institution of Medical Sciences’ in Delhi, where
doctor has separated his legs and listed that his condition is very critical. It was reported that
assault on Tika Ram was related to dispute over 4.75 bighas of Panchayatlandland, which was
allotted by the State Government to 60 Jatav Families. However, the land was occupied by the
Gram Pradhan and around it constructed seven foot high wall thereby restricting the movement
of Jatavs .Earlier, on 14th March, 2012, Jatavs were severely beaten in day light by the Gujjars. In
both the incidents, commission search for the report and further, commission directed the State
Chief Secretary and the District Magistrate, Ghaziabad to inform:- what legal action has been
taken against the accused, who was involved in two incident of attacks on Dalit’s and whether
state Government has grant any compensation to the victim, Mr. Tika Ram as per the provision
of Scheduled Caste and Schedule Tribes (Prevention of Atrocities).

In the case of Nadia, Rape of a visually impaired girl in the complaint the commission
asked comments from West Bengal Government. The commission took suomotu cognizance of
news that “Disabled girl raped at home” which was published in national daily on 17 th December
2004.Therefore, commission informed the Director General of Police, Kolkata, and West Bengal
to look into claim which contained in the news and within two week submits his comments. On
17th December, 2004, the newspaper has published a news regarding 19 th year old visually
impaired girl, in absence of her parents, allegedly, has been raped at home by two criminals in
Dhorandaha village, Karimpur, Nadia, West Bengal. Further, in report it is state that both the
Criminals were political power and in the locality reputed as musclemen. It is also mention that
the criminal has threatened the victim not to report the police about the incident. It is said that the
21
mother of victim was scared but with the help of village leader age lodge an FIR. Earlier, also
rape has alleged on women but no complaint was filed against them.

In State of Goa. Goa State Human Rights Commission has taken much step protection the
human rights. Such as, in Vasco, a caretaker of restaurant has approached to the Goa State
Human Rights Commission asking for justice, “barbarous and illegal manner” against the Vasco
police inspector Nilesh Rane and also tried to implicate him, in false narcotics case. The
Commission has requested South Goa Superintendent of police (SP) to submit a report in the
matter by 15th May. In Hijab case, Safina Khan Soudagar approaches the Goa Human Rights
Commission, on 18th December when she was denied to entry in to the building of the
examination hall at Patto during the security check when Safina Khan refuse to remove her
Hijab. While on Soudagar hiring, The commission asked her, “whether there are more such
instances of women in headscarfs being denied entry.” She replied the commission that hers was
the only case in Goa and also told that “she had answered the same examination in two occasion
in the past in the headgear? Without any hassles.” The commission raised the issue of
jurisdiction considering that the examination conducted by the central authority. Further, she said
that commission was empowered to take cognizance of the incident take place in Goa.
Subsequently, commission asked her question that which other authority she filed the complaint
and further, she replied that she filed a complaint to women’s commission. She showed her copy
of complaint to the Director of higher education, Porvorim and also a letter sent to the “director
general of the national testing agency of the ministry of human resource and the development,
New Delhi, asking for a copy of written instructions on acceptable dress code issued to various
examination centres at Patto, Plaza, Panaji and copy of do’s and don’t issued to the student.” The
Goa State Human Rights Commission sought an explanation from Safina Khan Soudagar on
“whether the commission has power to seek reply from the central authority in the case of denial
of entry to her to answer the National Eligibility Test Examination because she is wearing hijib”.
Further the commission raised the question of jurisdiction while dealing with matter and
adjourned the matter for “question on admission”.

In the complaint, on 13th March the Goa State Human Rights Commission fixed the
hiring for final arguments on the complaints was filed by the official of food and drugs, for
alleging harassment. The official, Ive Fernandes has accused the Director Jyoti Sardesai for
harassing her after “raised the whole sales fish market in July 2018, a precursor to the formalin in
fish controversy”. In the complaint she claimed that the director keep her out from all the
22
meetings which held with food safety enforcement staffs and also denied rightful Leave Travel
Concession (LTC) rejecting her application for seeking permission to leave the headquarter in
the last minutes, while cause her financial loss of Rs. 34,592 on the travel ticket brought.

As commission, Judiciary is also a guardian of the human rights of the people. It is not
only protects the rights enumerated in the constitution but also recognised certain un-
remunerated rights by interpreting them as a fundamental rights and also widened the scope of
the constitution. Here are some references were judiciary play certain role in protecting human
rights.

Supreme court in “Maneka Gandhi v. Union of India, interpreted the right to life and to
widen its scope and deduced un-enumerated right such as “right to live with human dignity”.
Further, Supreme Court propounded the theory of “ emanation” to make the existence of the
fundamental right meaningful and active. Therefore, in many cases such as People’s Union for
Civil Liberties and others v. St of Maharashtra and other, Francis Coralie Mullin v. The
Administration, Union Territory of Delhi court held that right to life includes right to live with
human dignity. Therefore, through the judicial interpretation various rights have been recognised
though they are not specifically provided in part III of the constitution.

In the case of S.P.Gupta v. Union of India and others Supreme court held that any
member of the public can approach the court for enforcing the constitutional or legal rights of
those, who cannot go to the court for making complaints of violation of rights. Public Interest
Litigation is an opportunity to make basic human rights meaningful to the deprived and
vulnerable section of the community. To assure vulnerable section social, economic and political
justice, any public spirited person through public interest litigation can approach the court
themselves due to their vulnerable conditions. The Supreme Court has been made similar
observation in various judgment such as in Bandhua Mukti Morchav. Union of India, Narmada
Bachao Andolan v. Union of India. Therefore, Public Interest litigation has become the tool for
the protection of human rights of the people in India.

Judiciary has taken many steps to protect the human rights violations. There are various
instances where judiciary has intervened and protect the rights of children’s and women. In the
case of labourers working on Salal project v. St.Of Jammu and Kashmir, Vishal Jeetv. Union of
India, Gauravjain v. Union of India.

23
Judicial system protects the rights of its citizens including prisoners. The Supreme court by
interpreting Article 21 of the Constitution protected and preserved the right of the prisoners. In
case Prem Shankar v. Delhi Administration Supreme Court held that practice of using handcuff
and fetters on prisoners violates the guarantee of human dignity. A landmark judgment in D.K
Basu v.State of West Bengal, protected the rights of the prisoners and laid down various
guidelines for arrest and detention to prevent the custodial violence and observed hat rights to
life include right to live with human dignity. Similarly Court in Sheela Barse v.State of
Maharashtra dealt with an issue of mistreatment of women in police station and court laid down
various guidelines for the protection of rights of women in custodial/correctional institutions.

Thus as seen earlier, due to the human rights violation, many states has enacted their
Human Rights Commission. At present, there are 25 states that have State Human Rights
Commission. According to Protection of Human rights Act, 1993, states that every state must
have State Human Rights Commission. So far the states mentioned below have the State Human
Rights Commission.

Such as:-

1. Assam human Rights Commission was constituted on 19 January 1996. The office of the
commission situated at Guwahati.
2. Andhra Pradesh State Human Rights Commission was established on 2 nd August 2006,
located at Hydreabad.
3. Bihar Human Rights commission was formed on 3rd January 2000.The office of the
commission located at Patna.

4. Chhattisgarh Human Rights Commission was established on 16 April 2001, office at

Raipur.
5. Gujarat State Human Rights Commission was constituted on 12th September 2006.
6. Meghalaya State Human Rights Commission was constituted on 7th June 2016.
7. Himachal Pradesh State Human Rights Commission was constituted on 18th March 1995.
8. Jammu and Kashmir Human Rights Commission was constituted in January 1997.
9. Kerala State Human Rights Commission was constituted on 11th December 1998.
10. Karnataka State Human Rights Commission was constituted on 28th June 2005.
11. Madhya Pradesh Human Rights Commission was constituted on 28th June 2005.

24
 12. Maharashtra State Human Rights Commission was constituted on 6th March 2001.
13. Manipur State Human Rights Commission was constituted in 2003.
14. Odisha Human Rights Commission was constituted on 27th January 2000.
15. Punjab Human Rights Commission was constituted in 1997.
16. Rajasthan Human Rights Commission was constituted on 18th January 1999.
17. Tamil Nadu State Human Rights Commission was constituted on 17th April 1997.
18. Uttar Pradesh Human Rights commission was constituted on 7th October 2002.
19. West Bengal Human Rights commission was constituted on 8th January 1994.
20. Jharkhand State Human Rights Commission was constituted in 2010.
21. Sikkim State Human Rights Commission was constituted on 18th October 2008.
22. Uttarkhand Human Rights commission was constituted on 13th May 2013.
23. Haryana Human Rights commission was constituted in 2012.
24. Tripura Human Rights commission was constituted in 2015.
25. Goa Human Rights commission was constituted in 2011.

In this chapter researcher has looked into the various provision of the State Human Rights
Commission and historical progression of the various state enactment in the present chapter. In
the next chapter the researcher will present the data collected and analysis the same in view of
hypothesis made.

25
 WORKING OF STATE HUMAN RIGHTS COMMISSION IN THE STATE OF GOA

Goa, is progressive state, it remained as a peaceful stable from the point of view of law
and order. The Goa State Human Rights Commission is established in March, 2011 with the
purpose of protection of people of the State. After coming this commission into existence the
State generally remained peaceful and normal. The citizens of the state are well aware of their
rights and as a result there is a better law and order situation in Goa, which plays an important
role in the enjoyments of Human Rights for the people. To understand whether the GSHRC has
been able to fulfil its purpose the researcher conducted survey and interviews to gather relevant
information.

In this chapter the researcher will present and analyses the statistical and empirical data
collected from different source, which will provide inputs for suggestion for further
improvements in the commission. For this purpose the researcher sampled section of general
public/complainant as well as member/advocates. The data gathered is divided into two parts,
viz., statistical and empirical.

26
Statistical Data

The researchers collected statistical information regarding the complaints and their
outcomes from the Goa State Human Rights Commission; the same is presented here below. For
the purpose of clarity the finding is divided into total number of complaints and total number of
complaints disposed off.

Total Number of Complaints

The data collected regarding the complaints is tabulated below

Years Number of Complaints Received
2018 340
2019 257
2020 211
2021 187
2022 157

350

300

250

200 Series 3
Series 2
150 Series 1

100

50

0
2018 2019 2020 2021 2022

It can be seen from the above table that there is rise in the number of complaints in the
year 2013-14, followed by a marked fall in the year 2012-13, where as in the year 2016-17 again
a sharp growth can be seen. The pattern of collapse again is evident in the year 2017-18,
however the data for 2018 is only upto April 2019, but there is significant increase till that
period.

27
Total Number of Complaints Disposed off

The data collected regarding the disposed off complaints is tabulated below.

Years Number of Complaints

Disposed
2018 317
2019 254
2020 141
2021 89
2022 87

The finding is shown graphically below.

350

300

250

200 Series 3
Series 2
150 Series 1

100

50

0
2018 2019 2020 2021 2022

The above table indicate that there was increase in the number of complaints which has
been disposed off in the year 2017-18, but there is a gradual decrease in complaints from 2018
till date.

28
 For an overall picture that total number of complaints and total number of complaints
disposed off are tabulated below:-

Years No. of Complaints No. of complaints

received/register disposed off
2011-12 26 13
2012-13 87 57
2013-14 315 156
2014-15 292 149
2015-16 104 137
2016-17 378 266
2017-18 275 395
2018-19 290 204
2019-20 280 230
2020-21 273 220

The data and the findings are presented below in a geographical manner to emphasise the
point.
700

600

500

400
No. of Complaints Disposed off
300 No. of Complaints Received

200

100

0
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
-12 -13 -14 -15 -16 -17 -18 -19 -20 -21 -22

However, it can be seen from the above table that after initial 8 years of the functioning
of the Goa State Human Rights Commission, the table has figure out that there is a growth in the
complaints excepts for a fall of complaints in the 2015-2016. Then there is gradual decrease, this
indicates that there is awareness among the public about the commission and also provisions
regarding the complaints and disposed off complaints.
29
Part 2: Empirical Data

For the purpose of Empirical data collection, the researchers gather data from
complainants/public as well as member of the Commission and advocates. The data so divided in
three parts.

Part A: General Public/Complainants

The researchers sampled a section of general public/complainants regarding the Goa

Human Rights Commission and law regarding the same of the general public and complainant,
100 people were sampled regarding the the awareness of the Commission and the results are
shown below:-

Public Awareness

The questionnaires were given to the general public and the complainants and their
responses to queries therein are tabulated below:-

Total Yes No
100 60 40

Sales

Yes
No

It can be seen from this table that there is good awareness about the State human Rights
Commission amongst the public/complainants, the percentage being 60% as can be seen from the
pie chat below based on the above findings.

30
Source

The query regarding the Human Rights Commission and through which it is heard and its
function that following data was granted:-

Total Friends Newspaper Website Any other specify

100 20 30 50 -

Sales

Friends
Newspaper
Website
Any other specify

It can be seen from this table that there is good awareness about the Human Rights
Commission, the percentage being 20% from friends, 30% from Newspaper and remaining 50%
from website as can be seen from the pie chart below based on the above finding.

Awareness about the purpose of establishment of Human Rights Commission

Total Yes No
100 80 20
31
 Sales

Yes
No

It can be seen that there is good awareness about the establishment of GSHRC among the
public and complainants, the percentage being 80% as can been seen from the pie chart below
based on the above findings

Awareness about the Human Rights violation can approach to human right commission

To the query regarding the violation of human rights, the following data was gathered:-

Total Yes No

32
100 60 40

Sales

Yes
No

It can be seen that there is general awareness about the violation of human rights can
approach to GSHRC among the public and complainants, the percentage being 60% as can be
from the pie chart below based on the above findings.

Any time came across before the commission for redressal of your grievance.

To the query regarding the redressal of grievances before GSHRC, the following data
was gathered:-

33
Total Yes No
100 70 30

Sales

Yes
No

It can be seen that there is good result about the redressal of grievances before GSHRC
among the public and complainants, the percentage being 70% as can be seen from the pie chart
below on the findings.

If you visited for redressal of your grievance, did you get any relief from the Commission.

To the query regarding the relief of Human Rights violation from the Commission, the
following data was gathered:-

Total Yes No

34
100 80 20

Sales

Yes
No

It can be seen that there is good about the establishment of GSHRC among the public and
complainants. The percentage being 80% as can be seen from the pie chart below based on the
above findings.

Do you feel it is always better to approach Human Rights Commission

To the query regarding the approach of the Human Rights Commission, the following
data was gathered.

Total Yes No

35
100 50 50

Sales

Yes
No

This finding indicate that there is similar awareness about the establishment of GSHRC
among the public and complainants, as can be seen from the pie chart below based on the above
findings.

This Commission is essential to bring transparency in the Government.

To the query regarding the transparency in the Government, the following data was
gathered:-

Total Yes No
100 60 40

36
 Sales

Yes
No

This finding indicate that 60% of the people feels that Human Rights Commission is
essential to bring transparency in the Government and 40% says no and the following pie chart
shows the same in the better manner.

Member and Advocate

The Members of GSHRC along with practicing advocate wee queried by way of
questionnaires and the interviews, the results are presented below.

The necessity to establish Human Rights Commission was felt

37
 The researcher gathered data from Members and the Advocate regarding the necessity to
establish Human Rights Commission. The findings are tabulated here:-

Total Yes No
100 85 15

Sales

Yes
No

As can be seen from the above table, 85% which shows that there is good awareness
about the Commission, the information sought by the public and complainant is still
comparatively less. The same is shown in the form of a pie chart below.

Non appointment of Chairperson.

To the query regarding the non-Appointment of Chairperson in the Commission, which

the information sought was given, the following data was gathered and is tabulated below:-

Total Yes No No Comments

38
100 30 10 60

Sales

Yes
No
No Comments

Here it can be seen that the act requires appointment of Chairperson, according to
Advocate opinion 30% said that which hamper the function of the Commission as well as 10%
say no but 60% passes no comments. This finding is shown below in the form of a pie chart.

Less number of members in the Commission affets its smooth functioning

The query regarding the less number of Members in the Commission and their
satisfaction about the same, the findings are presented below:-

Total Yes No No Comments

39
100 30 30 40

It can be seen that 40% of the Advocate has not expressed their opinion and the same is
shown in a pie chart below.

Sales

Yes
No
No Comments

To the query regarding whether Commission is fact finding body and can only send reports
to the Government, it is not effective in protecting Human Rights, the answer is tabulate
here.

Total Yes No
100 10 90

40
 Sales

Yes
No

We can see here that 90% Advocate voiced that it is not only fact finding as they have to
follow the provision of the Act, Supreme Court judgment and also passes recommendation, this
graphically illustrated below.

The queries regarding the necessity to amend the act to make the report of the Commission
binding on the State, the answer are tabulated here:

Total Yes No
100 90 10

41
 Sales

Yes
No

90% of the Advocates have expressed their opinion regarding the provision of the act and
same is shown in the pie chart.

To conclude, the analysis made by the researcher it is evident that the establishment of
National Human Rights Commission and State Human Rights Commission are very much
required to decide the matters of violation of Human Rights by the Government Authorities.

CONCLUSION AND SUGGESTION

Conclusion

The evolution, the development and the constitutional and the institutional framework of
human rights in India in general and the role played by the Goa State Human Rights Commission
in particular have been discussed in the foregoing chapters of the dissertation. The philosophy of
Human Rights in India has traced long way, yet the progress through the historical path has
42
always remained gradual and never lost its link with the past. Indian history attests to the fact
that human rights jurisprudence occupied a place of importance in India’s rich legacy of
historical tradition and culture. Human beings are entitled to certain basic and internal rights that
define a meaningful existence; equal dignity of all people in the central tenet of human rights.
Human rights are indispensable items both in national and international agenda, the concept has
been interpreted in the various forms to convey that human rights are essential for human
development, without which entire society would suffer.

With regard to first hypothesis the data analyses indicates that the commission failed to
achieve its objective towards government for appointing the members of the commission, and its
provision is not yet hundred percent. Also data available is not sufficient to reach definite
conclusion, this may be due to the fact that commission is comparatively very new as compared
to other state commission.

With regard to second hypothesis, the data gathered so far point to the fact that non-
appointment of a chairperson is a serious problem encountered by the GSHRC and hence more
data is needed to reach a more definitive conclusion. The fact that no full-time chairman has
been appointed by the Government. After much correspondence with the Government, one
member was appointed as acting chairperson. At present only one member handle the cases.

With regard to third hypothesis, the data gathered so far to the fact that since its inception
till today it has received a very huge number of complaints showing an increasing trend. It
suggests that people have complete faith and full satisfaction in its functioning methods. Because
of a very large number of complaints received by the commission and for some other reasons,
some of the application remain pending but are immediately cleared in the next year.

Suggestion

This study reveals that the Goa State Human Rights Commission played its role quite
effectively and has always upheld the basic principles of human rights by protecting human
rights. It has investigated a large number of complaints including suomotu involving serious
human rights violation and submitted number of recommendations suggesting measure to be

43
taken to curb such human rights violation. However, the work of commission is effective. The
following suggestions are made efficiency of the Goa State Human Rights Commission.

The following suggestions are:-

1. It is true that the 50 % of the people in the society have become aware about the human
rights, but that is not just enough. The awareness should reach to every corner of the
society and to be more for the purpose of educating the public about the importance of
Human Rights Commission. Therefore, house to house canvassing would be a proper
mode. This could be achieved by organising programmes and conducting seminars that
would generate awareness.
2. With regards to generating the awareness about human rights, public media, like TVs,
newspaper, etc. May be utilized for spreading the information by advertising etc. This
would surly help in creating awareness amongst the public.
3. Governments at various levels amend to make the Human Rights Commission more
vibrant and powerful. This could be done by once giving them full power as provided
under the other laws. Presently, the Human Rights Commission are only send reports to
the Governments. Therefore, suitable amendment are required to make the
recommendation mandatory.
4. It is obvious that non-appointment of the chairperson and other members immediate after
their retirement or otherwise hampers the functioning of the commission. Therefore, it is
expedient to fill up the vacancies in the commission on priority basis so as to allow its
smooth functioning.
5. It is also necessary that the complaints received by the commission are disposed off
summarily, so that the people will not loses faith in the Human Rights Commission.

6. Human rights standing committees may be constituted in all Panchayats, Muncipalities

and Corporations.
7. The Government may take immediate steps to implement the recommendations of the
Goa State Human Rights Commission.

In India full realisation of Human Rights with international standards is a distant dream.
Human Rights, the basic natural rights of any should be protected at any cost. So, Human Rights

44
Commission at National as well as State level are to be strengthened with more powers. It will be
an added merit to over democracy and legal system.

BIBLIOGRAPHY

1. BOOKS
2. Dr, B. Ramaswamy, Nitin Shrirang Mane, Human Rights Principal and Practices (ALFA
PUBLICATION NEW DELHI, First Published 2013).

45
3. Vishal Kala, Human Rights: Issue and Concepts ( SONALI PUBLICATION NEW DELI,
FIRST PUBLISHED) 2012
4. Shajimon K. Mathews, Human Rights In India:- With Special Reference To The Role Of
The Kerala State Human Rights Commission( August 2005),
5. Dr. U. Chandra, Human Rights( ALLAHABAD LAW AGENCY PUBLICATIONS) 3 rd
Edition July 2000,
6. Dr. H.O. Agarwal, Human Rights, (CENTRAL LAW PUBLICATION).
7. Chirinjivi J. Nirmal, Human Rights In India, Historical, Social and Political Perspectives,
(OXFORD UNIVERSITY PRESS, NEW DELHI) 1st Publication 2000
2. Bare Act

HUMAN RIGHTS ACT, 1993

WEB REFERENCES

1. Shodhganga.inflibet.ac.in/handle/1063/55502

46
2. www.yourarticlelibrary.com

3. http://www.humanrights.com

4. Hrlibrary.umn.edu

5. https://www.un.org

6. www.unversityofcalicut.info

7. https://www.taxmanagementindia.com

8. http://nhrc.nic.in

9. Nhrc.nic.in/press-released/important-case

10. http://www.telegraphindia.com

11 http://timesofindia.indiatimes.com

REPORTS

47
 Annual Report 2011-12

Annual Report 2012-13

Annual Report 2013-14

Annual Report 2014-15

Annual Report 2015-16

Annual Report 2016-17

Annual Report 2017-18

Annual Report 2018-19

Annual Report 2019-20

Annual Report 2020-21

Annual Report 2021-22

Annexure A

WORKING OF STATE HUMAN RIGHTS COMMISSION IN THE STATE OF GOA

48
 Questioner for the complainant and public

(Tick mark the most appropriate answer)

1. Have you heard about Human Rights Commission in the State of Goa?

Yes [ ]

No [ ]

2. If yes, than how you heard about the Human Rights Commission and from whom you
heard the same and presently were it is functioning?

Friends [ ]

Newspaper [ ]

Website [ ]

Any other specify [ ]

3. Do you know the purpose of establishment of Human rights commission?

Yes [ ]

No [ ]

4. Are you aware that if your human rights are violated you can approach to Human Rights
Commission?

Yes [ ]

No [ ]

5. Have you any time came across before the Commission for redressal of your grievances.
If ‘yes’ than state?

Yes [ ]

49
 No [ ]

6. If you visited for redressal of your grievances, did you get any relief from the
commission?

Yes [ ]

No [ ]

7. Do you feel it is always better to approach Human Rights commission?

Yes [ ]

No [ ]

8. Do you think this commission is essential to bring transparency in the Government?

Yes [ ]

No [ ]

Any Suggestions:-

Annexure A

WORKING OF STATE HUMAN RIGHTS COMMISSION IN THE STATE OF

GOA
50
 Questioner for the Members and Advocates

(Tick mark the most appropriate answer)

1. Do you think that the necessity to establish Human rights Commission was felt

Yes [ ]

No [ ]

2. Do you think that commission is useful for the citizens of the state?

Yes [ ]

No [ ]

3. Do you think that State human rights commission suffers from procedural and structural
weakness? If ‘yes’ than why?

Yes [ ]

No [ ]

4. Do you think not appointing full time chairperson hampers the working of Human rights
Commission?

Yes [ ]

No [ ]

No Comments [ ]

5. Do you think less number of members in the commission affects its smooth functioning?
Do you agree?

Yes [ ]

51
 No [ ]

No Comments [ ]

6. Do you think Human Rights Commission being fact finding body and can only send
reports to the Govt, it is not effective in protecting Human Rights.

Yes [ ]

No [ ]

7. Do you think it is necessary to amend the Act to make the report of the commission
binding on the State?

Yes [ ]

No [ ]

8. Do you think the commission shall be give powers to arrest the accused?

Yes [ ]

No [ ]

Any suggestions:-

52