Video

INTRODUCTION TO HUMAN RIGHTS & ITS

TYPES

CHAPTER - HUMAN RIGHTS VIOLATIONS &

REDRESSAL
SUBJECT – FOUNDATION COURCE - III
Redressal Mechanism at the National Level &Area for
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State Level
• 60% of popn still suffers from poverty, hunger, backwardness
& illiteracy. These people they do not go to the court for
redressal. Because , court procedures are expensive &
complicated for most of our people.
• In view of this, several individuals, NGOS, Movements &
International Organizations have put pressure on the govt. to
set up empowered bodies to protect & promote human
rights.
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Objectives Video

• The Govt. of India passed the protection of Human

Rights Act, 1993.This Act recommended for the setting
up of a NHRC along with SHRC in States & HRC.
• Promotion of Human Rights in India : This is possible
with the help of human rights literacy. ( Awareness )
• Protection of Human Rights : To watch whether
provisions or laws passed by the parliament as well as
state legislatures are properly implemented or not.
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National Human Rights Commission Video

• The National Human Rights Commission (NHRC) of India is an

autonomous public body constituted on 12 October 1993
under the Protection of Human Rights.
• It was given a statutory basis by the Protection of Human
Rights Act, 1993 (TPHRA).
• The NHRC is the national human rights institution, responsible
for the protection and promotion of human rights, defined by
the Act as "rights relating to life, liberty, equality and dignity
of the individual guaranteed by the Constitution or embodied
in the International Covenants".
 Constitution of National Human Rights Area for
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Commission

• The Central Govt. shall constitute a body to be known as

NHRC to exercise the powers conferred upon and to perform
the functions assigned to it, under the Protection of Human
Rights Act.
• The Headquarters of the commission shall be at Delhi, and
they also establish offices at other places in India.
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Commission consist of : Video

• A Chairperson, who has been a chief Justice of Supreme Court

• One Member who is, or has been, a Judge of the
Supreme Court of India
• One Member who is, or has been, the Chief Justice of a High
Court
• Two Members to be appointed from among persons having
knowledge of, or practical experience in, matters relating to
human rights
• In addition, the Chairpersons of four National Commissions
of ( 1.Minorities 2.SC 3.ST 4.Women) serve as ex officio
members.
 Appointment Area for
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The Chairperson and members of the NHRC are appointed by

the President of India, on the recommendation of a
committee consisting of:
The Prime Minister (chairperson)
The Home Minister
The Leader of the Opposition in the Lok Sabha (House of the
People)
The Leader of the Opposition in the Rajya Sabha (Council of
States)
The Speaker of the Lok Sabha (House of the People)
The Deputy Chairman of the Rajya Sabha (Council of States)
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Term of office of chairperson & members Video

• Chairperson : Hold office for a term of 5 years from the date

on which he enters, or until he attains the age of 75 yrs ,
whichever is earlier.
• Member : Hold office for a term of 5 yrs & shall be eligible
for re-appointment for another term of 5 yrs.
• On ceasing to hold office , a chairperson or a member shall
be ineligible for further employment under the govt. of India
or under the govt. of any state.
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FUNCTIONS Video

• Proactively or Reactively inquire, suo moto(on its own) or on a

petition presented to it by a victim or any person on his behalf
into complaint of, violations of human rights or negligence in the
prevention of such violation by a public servant
• Intervene in any proceeding involving any allegation of violation
of human rights pending before a court with the approval of such
court
• Visit any jail or other institution under the control of the State
Government, where persons are detained or lodged for purposes
of treatment, reformation or protection, for the study of the
living conditions of the inmates and make recommendations
thereon to the Government
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• 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
• Review the factors, including acts of terrorism that inhibit the
enjoyment of human rights and recommend appropriate
remedial measures
• Study treaties and other international instruments on human
rights and make recommendations for their effective
implementation
• Undertake and promote research in the field of human rights
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• 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
• Encourage the efforts of NGOs and institutions working in the
field of human rights
• Such other function as it may consider it necessary for the
protection of human rights.
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STATE HUMAN RIGHTS COMMISSION Video

• A state govt. may constitute a commission called ( name of

the state ) Human Rights Commission , under the Protection
of Human Rights Act , 1993.
• The SHRC shall exercise the powers conferred upon,&
perform the functions assigned in respect of promoting &
protecting human rights.
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Committee Consists of Video

• A Chairperson, who has been a chief Justice of High Court

• One Member who is, or has been, a Judge of the High Court
or District Judge in the state with a minimum of 7 years of
experience as a Judge
• One Members to be appointed from among persons having
knowledge of, or practical experience in, matters relating to
human rights
• In addition, there shall be a secretary who shall be the chief
ex officio members.
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Term of Office Video

• Chairperson : Hold office for a term of 5 years from the date

on which he enters, or until he attains the age of 70 yrs ,
whichever is earlier.
• Members : Hold office for a term of 5 yrs
• The Headquarters of the commission shall be at such places
as the State Govt. may specify.
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FUNCTIONS Video

• Proactively or Reactively inquire, suo moto(on its own) or on a

petition presented to it by a victim or any person on his behalf
into complaint of, violations of human rights or negligence in
the prevention of such violation by a public servant
• Intervene in any proceeding involving any allegation of
violation of human rights pending before a court with the
approval of such court
• Visit any jail or other institution under the control of the State
Government, where persons are detained or lodged for
purposes of treatment, reformation or protection, for the study
of the living conditions of the inmates and make
recommendations thereon to the Government
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• 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
• Review the factors, including acts of terrorism that inhibit the
enjoyment of human rights and recommend appropriate
remedial measures
• Study treaties and other international instruments on human
rights and make recommendations for their effective
implementation
• Undertake and promote research in the field of human rights
• 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
• Encourage the efforts of NGOs and institutions working in
the field of human rights
• Such other function as it may consider it necessary for the
protection of human rights.
 Annual & Special Report of State
Commission
• The State comm. Shall submit an annual report to the
state govt. The comm. May at anytime submit special
reports on any matter , which is important & that it should
not be deferred till submission of the annual report.
• The State govt. shall place the annual & special reports of
the state comm. Before each house of state legislature.
( or where )
• The report(s) must accompany with a memorandum of
action taken or proposed to be taken on the
recommendations of the stat comm. & reasons for non-
acceptance of the recommendations, if any.
 Protection of action taken in good faith

• No suit or other proceeding shall lie against the Central

Government, State Government, National Commission, the
State Commission or any member thereof or any person
acting under the direction either of the Central Government,
State Government, Commission or the State Commission in
respect of anything which is in good faith done or intended to
be done in pursuance of the protection of Human Rights Act.
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