Introduction National Human Rights Institutions in India A Comparative Table Human rights institutions are meant to function as independent human rights watchdogs at the domestic level. Their key functions include evaluation of existing safeguards for human rights protection and making recommendation for strengthening them, inquiring into complaints of human rights violations, undertaking visits to custodial institutions, creating awareness about rights, promoting harmonization of domestic laws with international conventions, and undertaking research and analysis on human rights issues. Commissions may be vested with powers of a Civil Court for conduct of inquiry such as issuing summons, enforcing attendance, taking evidence, issuing commissions, etc., to enable them to look into complaints. Source of Authority According to international guidelines, the human rights institutions should preferably be constituted under the Constitution or by way of legislation. Creation under an executive decree is not at all recommended. This is because the government could always pass a subsequent decree to disband these Commissions. It could also tinker with their powers and functions. It is important that the Commissions enjoy stability and a secure tenure under law in order that they can discharge their functions without any interference from the executive. This guarantee is critical if the Commissions have to fearlessly inquire into actions and inactions of the government resulting in human rights violations. Establishment under the Constitution or legislation is also encouraged because the sanctity of the Commissions can be preserved, as amendments are not so easily made. In India, most of the human rights institutions have been established through a statute and two have been provided for within the Indian Constitution. The National Commission for Scheduled Castes and National Commission for Scheduled Tribes are entrenched in the Constitution. The National Commission for Women, National Human Rights Commission, National Commission for Minorities, National Commission for Safai Karmacharis and the National Commission for the Protection of Child Rights have been established by way of a statute. Nature of the Body Human rights institutions should be independent and no external agency should interfere with their working. They are set up by the government and derive their funds from the public exchequer. They should have the operational autonomy to appoint staff, allocate 1
resources, and devise work plans. They should also have the financial autonomy to utilize their funds according to their requirements. The government should not influence or interfere with its operations. At the same time, the institution should be accountable to the Legislature and people who approach it for relief against human rights violations. International Standards The Principles relating to the Status of National Institutions, 1993 commonly referred to as the Paris Principles are a set of internationally accepted minimum standards that States should seek to comply with while establishing national human rights institution. Key aspects of the Principles are as follows: Human Rights Institutions should be functionally and financially independent and should not be controlled by the government. They should have adequate funding and should be able to have their own staff and premises. The institution should have a broad mandate and its composition should reflect the various bodies involved in the protection and promotion of human rights. The institution should also be vested with adequate powers to inquire into complaints on its own, visit prisons and other custodial institutions, and quasi-judicial powers to summon witnesses, compel them to testify or produce documents, etc. The Principles also recommend that the institutions should be able to resolve complaints through conciliation or binding decisions. The Paris Principles also list the responsibilities of a national human rights institution. These include review of laws to ensure conformity to human rights, recommendation of new laws or amendments, reports on violation of human rights, promotion of harmony between national legislation and international human rights law, promotion of ratification of international conventions and their implementation, and creating awareness on human rights through information and education. The General Comment 1 No.2 (2002), titled The Role of Independent National Human Rights Institutions in the Promotion and Protection of Child Rights, issued by the UN Committee on the Rights of the Child, also endorsed the Paris Principles. This was issued to encourage States to set up an independent National Human Rights Institution (NHRI) to promote and monitor the implementation of the Convention and to indicate the core elements of such an institution. This General Comment is not binding on the States. It recommends that the human rights institution should be entrenched in the Constitution or provided for in legislation and 1 General Comments clarify the content of Covenant rights in more detail, may outline potential violations of those rights and offer advice to states parties on how best to comply with their obligations under the treaties 2
the establishment process should be consultative and transparent. The institution should be vested with necessary powers, such as the power to consider individual petitions and complaints and carry out investigations, power to support children taking cases to court, and the power to intervene in court. The institution should be geographically and physically accessible to children. It should also contribute independently to the reporting process under the CRC and monitor the integrity of government reports to international treaty bodies with respect to children s rights. It should also assess the State s compliance with the CRC. The institution should develop close working relationship with NGOs. While neither the Paris Principles nor the General Comment is binding on States, they are considered core minimum international standards for NHRIs. of NHRIs The table below provides a comparison of the NHRC/SHRC, NCW, NCPCR/SCPCR, NCM, NCSC and the NCST on points such as the manner in which the institution was constituted, its composition, appointment process, powers and functions. This comparison has been drawn from the following legislations that establish these bodies: 1. The Protection of Human Rights Act, 1993 2. The National Commission for Women Act, 1990 3. The Commission for Protection of Child Rights Act, 2005. 4. The National Commission for Protection of Child Rights Rules, 2006 5. National Commission for Minorities Act 1992, 6. Articles 338 and 338A of the Indian Constitution, 7. National Commission for Scheduled Tribes Chairperson, Vice-Chairperson and Members (Conditions of Service and Tenure) Rules, 2004 8. National Commission for Scheduled Castes Chairperson, Vice-Chairperson and Members (Conditions of Service and Tenure) Rules, 2004 9. Rules of Procedure of the National Commission for Scheduled Castes, 2009. 10. NCM (Procedures and Processes) Regulations, 1997. 11. Rules of Procedure of the National Commission for Scheduled Tribes, 2004 3
Constituting Authority NHRC - SHRCs - State s may constitute a SHRC. NCW -. The NCW Act, 1990 does not provide for the constitution of State Commissions. States have enacted legislation or issued notifications for the establishment of SCWs. NCPCR - SCPCRs - State s may constitute a SCPCR.. The NCM Act does not provide for the constitution of State Commissions. States have established SCMs through legislation providing for the establishment of SCMs or have issued notifications that provide for the establishment of SCMs. Created under Article 338 of the Constitution The Constitution does not provide for constitution of State level Commissions. Some States have enacted legislation for establishment of Commission for SCs and STs jointly. The NCSC has established Regional Offices. Created under Article 338A of the Constitution The Constitution does not provide for constitution of State level Commissions. Some States have enacted legislation for the establishment of a joint commission for SCs and STs at the state level. Appointing Authority NHRC - President of India NCW-. NCPCR - President of India President of India Appointment Process SHRC - Governor The Chairperson and Members of the NHRC and SHRC are to be appointed on the The Chairperson and Members are to be appointed through nomination by the SCPCR - State Chairperson of NCPCR/SCPCR to be appointed on the recommendation Chairperson and Members are nominated by the. The process has not been specified. It appears that the The process has not been specified. It appears that the 4
basis of recommendations of a Selection Committee comprising of representatives of the executive and legislature. Composition of the Selection Committee for selection of NHRC Chairperson and Members (a) The Prime Minister Chairperson (b) Speaker of the House of the People Member (c) Minister incharge of the Ministry of Home Affairs in the of India Member (d) Leader of the Opposition in the. of a three member Selection Committee constituted by the /State under the Chairmanship of the Minister incharge of the Ministry or the Department of Women and Child Development/ Minister-in-charge of the Department dealing with children. The Act does not indicate who the two other members should be and leaves it to the discretion of the government. The Act is also silent on the manner in which Members should be appointed. proposes names and the same are considered and approved by the President. Members can be appointed on a part-time basis also. proposes names and the same are considered and approved by the President. 5
House of the People Member (e) Leader of the Opposition in the Council of States Member (f) Deputy Chairman of the Council of States Member. Composition of the Selection Committee for selection of SHRC Chairperson and Members (a) the Chief Minister - Chairperson (b) Speaker of the Legislative Assembly Member (c) Minister-incharge of the Department of Home Member (d) Leader of the 6
Opposition in the Legislative Assembly Member (e) Chairman of the Legislative Council (if any) member (f) Leader of the Opposition of the Legislative Council (if any) Member. Qualifications of NHRC - Chief Committed to the a person of Chairperson and Chairperson and Chairperson and Chairperson Justice of the cause of women eminence has Vice-Chairperson Vice-Chairperson Vice-Chairperson Supreme Court done outstanding should belong to a should be should be work for minority appointed from appointed from SHRC Chief promoting the community and amongst amongst eminent Justice of the High welfare of should be persons eminent sociopolitical socio-political Court children of eminence, workers workers belonging ability and belonging to to Scheduled integrity. Scheduled Castes (SCs) who inspire confidence Tribes (STs) who inspire confidence amongst the STs amongst the SCs by their very by their very personality and personality and record of selfless record of selfless service. service. Qualification of NHRC - Four Five members Six members of Five members to Three members Three members 7
Members members - one nominated from which at least two be drawn from should be drawn should be drawn member who is or amongst persons are women from amongst persons from amongst from amongst has been a of ability, integrity amongst persons of eminence, persons of ability, persons of ability, Supreme Court and standing who of eminence, ability and integrity and integrity and Judge; one have had ability, integrity, integrity and from standing who have standing who have member who is or experience in law standing and amongst the a record of selfless a record of selfless has been the Chief or legislation, minority service to the service to the Justice of a High trade unionism, communities. cause of justice cause of justice Court; and two management of an for the Scheduled for the Scheduled members to be industry or Castes. Tribes. appointed from organization amongst persons committed to At least two At least two having knowledge increasing the members should members should of, or practical employment be appointed from be appointed from experience in, potential of amongst persons amongst persons matters relating to human rights. Chairperson of NCM, NCSC, NCST and NCW are deemed members for the discharge of functions other than inquiry into complaints. SHRCs shall have two members one who is or has women, women s voluntary organisations (including women activists), administration, economic development, health, education or social welfare; At least one member each should belong to SC and ST. experience in (1) Education (2) Child health, care, welfare or child developm ent; (3) Juvenile justice or care of neglected or marginaliz ed children or children with disabilitie s; (4) Eliminatio n of child labour or belonging to the SCs and one from amongst women belonging to the STs and one from amongst women. 8
Salaries and Allowances been a High Court Judge, or a District Judge with a minimum of 7 years experience; and one who is to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights. Chairperson of NHRC is equated to Chief Justice of India in matters related to salaries, travel allowances and leave travel concessions, etc Chairperson draws pay equal to Secretary, GOI. Members draw pay equivalent to pay scale of Addl Secretary, GOI children in distress (5) Child psycholog y or sociology; and (6) Law relating to children. No person having any past record of violation of human rights or child rights shall be eligible for appointment as Chairperson or other Members of the Commission. (Rule 3, NCPCR Rules) Chairperson draws pay equal to Cabinet Secretary, GOI. Members draw pay equivalent to Secretary, GOI Chairperson draws salary equivalent to Union Cabinet Minister and Members equivalent to Secretary, GOI Members have the rank of Secretary to of India and shall be entitled to salaries and allowances admissible to Secretary, Chairperson has the rank of a Cabinet Minister and Vice- Chairperson that of Minister of a State and other Members have the 9
Term of Office Members of NHRC are equated to Judges of Supreme Court of India in matters related to salaries, travel allowances, leave travel allowances, etc The salaries and allowances payable to the Chairperson and Members of SHRC are prescribed by State. Five years or till the Chairperson or Members attain the age of seventy years. Only Members can be appointed for a second term. Not exceeding three years as may be specified by the. Term of three years or completion of 65 years for Chairperson and 60 years for Members. The Chairperson and Members cannot hold office for more than two terms. Chairperson and Members shall hold office for a term of three years. of India. Chairperson shall be entitled to rent free accommodation. A retired judge of the Supreme Court or High Court or a retired government servant or retired servant of any institution or autonomous body receiving pension will receive salary reduced by the pension amount. Members shall hold office for a term of three years from the date of assumption of office. Members are not eligible for appointment for more than two terms. The term of Chairperson and Vice-Chairperson has not been rank of Secretary to of India. However, the Chairperson, Vice-Chairperson and Members are entitled to salaries and allowances admissible to Secretary, of India. Chairperson, Vice-Chairperson and Members shall hold office for a term of three years from the date of assumption of office. They are not eligible for appointment for more than two terms. 10
Administrative Heads Prohibition on further government Secretary-General will be the Chief Executive Officer of the NHRC and shall exercise such powers and discharge such functions of the Commission as may be delegated. The Secretary- General cannot perform judicial functions or make regulations State s will make available to the SHRCs an officer not below the rank of Secretary to the State who will be the Secretary of the Commission. Chairperson or Member is ineligible for Member-Secretary to be nominated by the, who shall be (i) an expert in the field management, organizational structure of or sociological movement, or (ii) an officer who is a member of civil service of the Union or an all- India service or holds a civil post under the Union with appropriate experience. No prohibition such NCPCR shall have a Member- Secretary not below the rank of the Joint Secretary or the Additional Secretary to the of India who shall be appointed by the. SCPCR shall have a Secretary not below the rank of the Secretary to the State. No prohibition such The Secretary is responsible for the efficient functioning of the secretariat including all administrative sections and assists in the discharge of its functions. No prohibition such specified. The Secretary shall be the administrative head of the Commission and shall assist the Commission in the discharge of its functions. Secretary is also the Chief Vigilance Officer of the Commission. No prohibition such The Secretary shall be the administrative head of the Commission and shall assist the Commission in the discharge of its functions. No prohibition such 11
employment further employment under the or State. Removal Removal from NHRC and SHRC only by order of Grounds of Removal President on grounds of proved misbehaviour or incapacity after an inquiry by the Supreme Court. Removal only by order of President on grounds of: - Undischarged Removal. Reasonable opportunity of being heard should be given. Removal by on grounds of: by Removal by /State. Reasonable opportunity of being heard should be given Chairperson can be removed from office by order of the /State Removal Removal grounds of by by on Chairperson can be removed by President on the ground of misbehavior after the Supreme Court, on reference being made to it by the President, has held an inquiry in accordance with the procedure prescribed by it and reported that the Chairperson should be removed. While the inquiry is pending, the President may suspend the Chairperson. President may order removal of Chairperson, Vice-Chairperson Chairperson can be removed by President on the ground of misbehavior after the Supreme Court, on reference being made to it by the President, has held an inquiry in accordance with the procedure prescribed by it and reported that the Chairperson should be removed. While the inquiry is pending, the President may suspend the Chairperson. President may order removal of Chairperson, Vice-Chairperson 12
Insolvent - Engaging in paid employment outside duties of office; - Unfit - Unsound mind - Convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude. - Undischarged insolvent - Refusal to act or incapable of acting - Unsound mind - Absent from three consecutive meetings without obtaining leave - Convicted and sentenced to imprisonment for an offence which in the opinion of the involves moral turpitude. on grounds of proved misbehaviour or incapacity. Chairperson and Members can be removed on grounds of: - Insolvency - Engaging in paid employment outside duties of office - Refusing to act or incapable of acting - Unsound mind - Absenting from three consecutive meetings without obtaining leave - Convicted and sentenced to imprisonment for an offence which in the opinion of the - insolvency - conviction and sentence to imprisonment for an offence which in the opinion of the government involves moral turpitude - Unsoundness of mind declared by a competent court - refusal to act or incapability of acting - absenting from three consecutive meetings without obtaining leave - abusing the position so as to render continuance in office detrimental to interests of minorities or public interest A reasonable opportunity of being heard will have to be given before effecting and Members on the following grounds: - insolvency - engaging in paid employment outside the duties of office - conviction and sentence to imprisonment for an offence involving moral turpitude. - unfitness to continue in office - abuse of position so as to render continuance in office detrimental to the interests of Scheduled Castes. Further, if the Chairperson is interested in or participates in the profit, benefit, or emolument other than as a member and in common and Members on the following grounds: - insolvency - engaging in paid employment outside the duties of office - unfitness to continue in office Further, if the Chairperson is interested in or participates in the profit, benefit, or emolument other than as a member and in common with other members of an incorporated company arising from a contract or agreement made by or on behalf of the of India or the of a State, he shall be deemed to be 13
/State involves moral turpitude. - Abusing office so as to render continuance in office detrimental to public interest. removal. with other members of an incorporated company arising from a contract or agreement made by or on behalf of the of India or the of a State, he shall be deemed to be guilty of misbehaviour. Reasonable opportunity of being heard is guilty misbehaviour. of The Vice- Chairperson and Members can also be removed on refusal to act or incapability to act and absenting from three consecutive meetings without obtaining leave of absence. The Vice- Chairperson and Members can also be removed on grounds of conviction and sentence to imprisonment of an offence involving moral turpitude, refusal to act or incapability to act, absenting from three consecutive meetings without obtaining leave of absence, and abusing the position so as to render continuance in office detrimental to the interests of STs. No person shall be removed until he 14
Functions 1) Inquire suo motu or on the basis of petitions into complaints of human rights violations. 2) Intervene in proceedings before the court. 3) Inspect custodial institutions 4) Review safeguards and make recommendations for their effective implementation. 5) Study treaties and other international instruments and make recommendations for their implementation. 1) Examination of safeguards 2) Presentation of reports to the on the working of the safeguards. 3) Recommendations for effective implementation of safeguards. 4) Review of existing provisions 5) Deal with complaints or take suo motu notice of violations of women s rights and nonimplementation of laws and noncompliance of policy decisions. 6) Undertake 1) Examination and review of safeguards. 2) Recommendation for effective implementation of safeguards. 3) Examination of factors affecting rights of certain groups of children. 4) Inquiry into violations of child rights and complaints relating to deprivation of child rights, nonimplementation of laws, noncompliance with policy decisions. Can take suo motu notice. 1)To evaluate the progress of the development of Minorities under the Union and States. 2) Monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures. 3) Make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the or the State s. given in the above matter to all chairperson, members before removal. 1) To investigate and monitor safeguards provided for the Scheduled Castes under this Constitution or under any other law and to evaluate the working of such safeguards. 2) To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes; 3) To participate and advise on the planning process of socio-economic development of the Scheduled has been given reasonable opportunity of being heard in the matter. 1) To investigate and monitor safeguards provided for the Scheduled Tribes under the Constitution or under any other law or under any order of the and to evaluate the working of such safeguards. 2) To enquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes 3) To participate and advise in the planning process of socio-economic 15
6) Promote research in human rights. 7) Human rights literacy 8) Encourage the efforts of NGOs working on human rights. research and studies 7) Inspection of jails, remand homes, women s institutions or other places of custody. 8) Fund litigation. 5) Inspection of juvenile custodial homes or other places of residence for children under the control of /State or run by a social organization. 6) Reports to the government on working of the safeguards. 7) Research and Child Rights Literacy 8) Study treaties and other international instruments and make recommendations for their implementation. Additional functions have been prescribed under Rules 4) Look into specific complaints regarding deprivation of rights and safeguards of the Minorities and take up such matters with the appropriate authorities. 5) Undertake studies into problems arising out of any discrimination against Minorities and recommend measures for their removal. 6) Conduct studies, research and analysis on the issues relating to socio-economic and educational development of Minorities. 7) Suggest appropriate measures in Castes 4) To present annual and at such periodic intervals as required to the President, reports upon the working of those safeguards 5) To make recommendations in the above report for the effective implementation of those safeguards and other measures for the protection, welfare and socioeconomic development of the Scheduled Castes 6) The Commission undertakes studies to evaluate the impact of the development schemes on the socio-economic development of Scheduled Tribes and to evaluate the progress of their development under the Union or any state 4) To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards 5) To make such reports, recommendations as to the measures that should be taken by the Union or any State for effective implementation of those safeguards and other measures for protection, welfare and socioeconomic 16
including [1] analyse existing law, policy and practice to assess compliance with UNCRC, comment on proposed new legislation from a child rights perspective, [2] present to the government reports on working of safeguards, [3] undertake formal investigations where concern has been expressed by children or persons on their behalf, [4] ensure that the work of the Commission is directly informed by the views of children in order to reflect their priorities and perspectives, [5] promote, respect respect of any Minority to be undertaken by the or the State s. 8) Make periodical or special reports to the on any matter pertaining to Minorities and in particular the difficulties confronted by them. 9) Any other matter which may be referred to it by the. development of the Scheduled Castes. For this purpose, the Commission may constitute Study Teams either at the Headquarters or at the State Offices. 7) To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may by Rule specify development of the Scheduled Tribes 6) To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify. 7) Measures that need to be taken over conferring ownership rights in respect of minor forest produce to the Scheduled Tribes living in forest areas. 8) Measures to be taken to safeguard rights to the Tribal Communities over 17
and serious consideration of views of children in its work and in that of all government departments and organizations dealing with children, [6] produce and disseminate information about child rights, [7] compile and analyse data on children, [8] promote incorporation of child rights into the school curriculum, teachers training and training of personnel dealing with children mineral resources, water resources etc. as per law. 9) Measures to be taken for the development of tribals and to work for more viable livelihood strategies. 10) Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects. 11) Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place. 12) Measures to be taken to elicit 18
maximum cooperation and involvement of Tribal Communities for protecting forests and undertaking social afforestation. 13) Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996). 14) Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by Tribals that lead to their continuous disempowerment and degradation of land and the environment. 19
Regulation of Procedure Mandate of Complaints Commission can regulate its own procedure. To inquire into human rights violations by public servants. Human rights have been defined to mean the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India. Further, SHRCs can inquire into violations only in respect of matters relatable to any of the entries Commission can regulate its own procedure To inquire into violation of women s rights. The term women s rights has not been defined. Their mandate is not confined to violations by public servants. No express power has been given to the Commission to regulate its own procedure. To inquire into child rights violations. Child rights has been defined to include the children s rights adopted un the United Nations Convention on the Rights of the Child on the 20th November, 1989 and ratified by the of Indian on the 11th December 1992. Their mandate is not confined to violations by public servants. Commission can regulate its own procedure. To look into specific complaints regarding deprivation of rights and safeguards of rights of minorities Commission can regulate its own procedure To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes. Commission can regulate its own procedure. To enquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes. 20
enumerated in List II and List III in the Seventh Schedule to the Constitution. However, if the matter is already being inquired into by the NHRC or any other Commission, the State Commission shall not inquire into the matter. Limitation 1) SHRC & State Acts indicate NCPCR cannot Will not look into No action is taken Not specified NHRC cannot that the State take up matters matters that are on matters where take up matters Commission pending before the not based on there is no being looked into cannot look into SCPCRs or any minority rights or mention of by other matters pending other are pending before violation of Commissions or before the NCW. Commission. a court or quasijudicial reservation policy, pending before the body. DOPT OMs, NHRC or SHRC. of 2) The India orders, State Commissions will not inquire into any matter after the expiry of one Orders, PSUs and Autonomous Bodies orders or any other violation year from the date of Rules of on which the Reservation alleged violation 21
Intervention in Courts Funding litigation Consultations on policy matters Powers took occurred. NHRC & SHRCs can intervene in proceedings involving allegation of violation of human rights pending before a court with the court s approval. No authority to fund litigation. No such obligation placed on the government to consult the Commission on policy matters related to human rights. 1) Powers of civil court trying a civil suit. 2) Power to require any person No express power to intervene in courts. NCW can fund litigation involving issues affecting a large body of women. The should consult the Commission on all major policy matters affecting women. Powers of civil court trying a civil suit: a) summoning and enforcing the attendance of any No express power to intervene in courts. No authority to fund litigation. No such obligation placed on the government to consult the Commission on policy matters related to child rights. 1) Powers of civil court trying a civil suit: a) summoning and enforcing the attendance of any No express power to intervene in courts. No authority to fund litigation. No such obligation placed on the government to consult the Commission on policy matters related to minorities. Powers of civil court trying a civil suit. namely:- a) summoning and enforcing the attendance of any No express power to intervene in courts. No authority to fund litigation. The and every State should consult the Commission on all major policy matters affecting SCs. Powers of civil court trying a civil suit namely:- a) summoning and enforcing the attendance of any No express power to intervene in courts. No authority to fund litigation. The and every State should consult the Commission on all major policy matters affecting Scheduled Tribes. Powers of civil court trying a civil suit namely:- a) summoning and enforcing the attendance of any 22
to furnish information on points relevant to the subject matter of the inquiry. 3) Power of search and seizure. 4) Power to transfer complaint pending before NHRC to SHRC 5) Power to call for information or report from the government and if such report is not received in time, power to proceed with the inquiry on its own. 6) Power to forward the case to a Magistrate when offences under Sections 175, 178, 179, 180, and 228 of person from any part of India and examining him on oath. b) requiring the discovery and production of any document. c) receiving evidence of affidavits. d) requisitioning any public record or copy thereof from any court or office. e) issuing commissions for the examination of witnesses and documents; and f) any other matter which may be prescribed. person from any part of India and examining him on oath. b) requiring the discovery and production of any document. c) receiving evidence of affidavits. d) requisitioning any public record or copy thereof from any court or office. e) issuing commissions for the examination of witnesses and documents; and 2) Power to forward the case to a Magistrate for non-compliance with any of the above powers. person from any part of India and examining him on oath. b) requiring the discovery and production of any document. c) receiving evidence of affidavits. d) requisitioning any public record or copy thereof from any court or office. e) issuing commissions for the examination of witnesses and documents; and f) any other matter which may be prescribed. person from any part of India and examining him on oath. b) requiring the discovery and production of any document. c) receiving evidence of affidavits. d) requisitioning any public record or copy thereof from any court or office. e) issuing commissions for the examination of witnesses and documents; and f) any other matter which may be determined by the President person from any part of India and examining him on oath. b) requiring the discovery and production of any document. c) receiving evidence of affidavits. d) requisitioning any public record or copy thereof from any court or office. e) issuing commissions for the examination of witnesses and documents; and f) any other matter which may be determined by the President. 23
the Indian Penal Code takes place in its presence. Investigation Commission can utilize the services of any officer or investigating agency of the or State for investigation. No powers of investigation No powers of investigation No powers of investigation Commission may adopt any one or more of the following methods for investigating or inquiring into the matters falling within its authority: (a) by the Commission directly; (b) by an Investigating Team constituted at the Headquarters of the Commission; and (c) through its State Offices (d) by State Agencies (e) by any other institution/dept funded by Govt and its The NCST follows three methods for conducting an investigation/inqui ry: (a) by the Commission directly, (b) by an Investigating Team constituted at the Headquarters of the Commission (c) through its Regional Offices. 24
statutory bodies. Appointment of Staff/Consultants / Committees The /State provides the Commission with a Secretary General/Secretary, police and investigative staff, and other officers and staff necessary for the functioning of the Commission. Subject to the rules made by the /State, the NHRC/SHRC can appoint administrative, technical and scientific staff as it may consider necessary. The provides the NCW with the necessary officers and employees. The NCW can appoint Committees to deal with special issues. The /State provides the NCPCR/SCPCR with a Member Secretary/Secretar y and officers and employees necessary for the functioning of the Commission. According to the NCPCR Rules, 2006, the NCPCR can constitute a panel of consultants in a transparent manner to assist the Commission in investigation or inquiry, to serve on task forces or Committees and for research and analysis. It can draw on experts The shall make Secretary and staff available to the Commission. The NCM Group C and D (Recruitment) Rules, 2006 stipulate the posts, method of recruitment, and disqualification. The shall make staff available to the Commission. The Commission can constitute Study Teams to undertake investigations, surveys or studies in collaboration with the Govt or Universities or Research Bodies. Surveys or evaluation studies may be entrusted to any professional body or person considered suitable and competent The shall make staff available to the Commission. The Commission can constitute Study Teams to undertake investigations, surveys or studies in collaboration with the Govt. or Universities or Research Bodies. Surveys or evaluation studies may be entrusted to any professional body or person considered suitable and competent. 25
Judicial Proceedings Proceedings before the Commission are deemed to be judicial proceedings within the meaning of Sections 193 (punishment for false evidence) and 228 (Intentional insult or interruption to public servant sitting in judicial proceeding) of the Indian Penal Code and for the purpose of Section 196 (Using evidence known to be false). from academic, research, administrative, investigative, legal or civil society groups to form the panel. - - - - - 26
Further, the Commission is deemed to be a civil court for the purpose of Section 195 (Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence) and Chapter XXVI (Provisions As To Offences Affecting The Administration Of Justice) of the Code of Criminal Procedure, 1973. Compensation Commission can Not specified. Not specified Not specified. Not specified Not specified recommend to the government to pay compensation or damages to the victim or his family. Steps during and Commission can Not specified The Commission It can make Commission can Commission can 27
after Inquiry take steps during and after the inquiry. It can recommend the government to: 1) Pay compensation or damages; 2) Initiate proceedings for prosecution 3) Take further action; 4) Grant interim relief during the inquiry. The Commission can approach the Supreme Court or High Court for directions, orders or writs. The Commission should send its inquiry report and recommendations to the concerned government or authority who cannot take any steps during inquiry. After the inquiry, the Commission can recommend the government to: 1)Initiate proceedings for prosecution or other fit action 2) Grant interim relief during the inquiry to the victim or his family. The Commission can approach the Supreme Court or High Court for directions, orders or writs. recommendations to the government for suitable action. take the following steps after the inquiry: It can make recommendations to the government for suitable action. If the inquiry confirms that an atrocity was committed against a person belonging to Scheduled Castes, the Commission may recommend the filing of a FIR against the accused with concerned law enforcing agency of the State/district. If an atrocity is committed in the presence of or in view of the Commission, or if the Commission takes cognizance take the following steps after the inquiry: It can make recommendations to the government for suitable action. 28
should forward its comments and action taken on the report within a month. A copy of the inquiry report should be given to the petitioner. The Commissions should publish its inquiry report along with the comments of the concerned or authority, if any, and the action taken or proposed to be taken by the concerned or authority on the recommendations of the Commission. of such an incident, it after recording the facts constituting the offense, forward the case to magistrate having jurisdiction to try the offense. Commission monitors that the victims are provided with medical assistance on time and adequate protection is arranged for them. Further, they also monitor payment of suitable compensation to the victim. Directions by the on questions of No such provision No such provision The Commission should be guided by directions on questions of No such provision No such provision No such provision 29
policy relating to national purposes policy relating to national purposes as may be given to it by the while discharging its functions under the Act. Protection of action taken in good faith The Act safeguards the, State, NHRC, SHRC, Members or persons acting In the event of a dispute between the and the NCPCR on whether a question is or is not a question of policy relating to national purposes, the decision of the will be final. No such provision The Act safeguards the, State, NCPCR, SCPCR, Members or persons acting No such provision No such provision No such provision 30
under the direction of the above against legal proceedings with respect to anything which is done in good faith (i.e. with due care and caution) or in pursuance of the Act or the Rules or orders This protection extends to publications of reports or papers by or under the authority of the, State, NHRC or SHRC. Finance Appropriation is made by Parliament or Legislature and then the or State pays such grants to the Commission Appropriation is made by Parliament and then the pays such grants to the Commission as it considers fit for utilization. The under the direction of the above against legal proceedings with respect to anything which is done in good faith (i.e. with due care and caution) or in pursuance of the Act or the Rules or orders This protection extends to publications of reports or papers by or under the authority of the, State, NCPCR or SCPCR. Appropriation is made by Parliament and then the or State pays such grants to the Commission as it considers fit Appropriation is made by Parliament and then the pays such grants to the Commission as it considers fit for utilization. The NCM can spend 31
as it considers fit for utilization. The NHRC and SHRCs can spend the money as they deem fit for discharging their functions. NCW can spend the money as it deems fit for discharging its functions. for utilization. The NCPCR and SCPCR can spend the money as they deem fit for discharging their functions. the money as it deems fit for discharging its functions. 32