LUXMIKANT POLITY CRUX NOTES-CHAPTER-55

National Human Rights Commission

National Human Rights Commission 1993, By act of Parl., namely Protection of Human Right Act
Watchdog Of Human Rights The commission is the watchdog of human rights in the country, that is, 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.

Objectives:

1.       To strengthen the institutional arrangements, address human right entirety.

2.       Govt participation ensure Human Right

3.       Composition the effort that had been already made.

Composition Of The Commission The chairman should be a retired chief justice of India + 4 other member-

Ø  Serving or Retired judge of S.C

Ø  Serving or Retired Chief Judge of H.C

Ø  2 Persons having knowledge or practical experience with respect to human rights.

Chairman And Members Ø  Speaker of the Lok Sabha

Ø  Deputy Chairman of the RS

Ø  leaders of the Opposition in both LS, RS

Ø  Central Home Minister

Ø  Chairman and members of Election Committee + 4 ex-officio member

Ø  Chairman of National Commission for Minorities

Ø  National Commission of Rights women

 

For their appointment Consultation with chief justice of India (CJI).

·         5 years/70 years/ No further or additional Employment

·         Removed – If insolvent/ Employment outside/ Unsound mind

·         President Can remove – 1. Incapacity 2. Misbehaviour

·         But to refer to SC & after enquiry POI Can.

Function ·         Inquire any violation of HR – suo motu on a petition presented to it or on an order of a court.

·         To visit Jail & other Detention place & recommendation social awareness (inc.) NGO work (inc) Protection of HR(inc) Review Const. Safeguard of HR & make recommendation.

·         Intervene in any proceedings involving allegations of violation of HR

·         Review constitutional and other legal safeguards for protection of HR

·         Review factors including acts of terrorism

·         Study treaties and other international instruments on HR.

·         Undertake and promote research in the field – Encourage NGOs and other groups

Working ·         Delhi , Regulate Headquarters – at other place

·         Power of Civil Court

·         Can all any Central or state employment

·         First hand info from NGO.

 

Matter within 1 year of occurrence

a)       Recommend to pay compensation interim relief to the victim.

b)       Recommend concerned govt. To take action against any action for guilty public servant.

c)       May approach S.C or H.C for necessary direction order or writs.

Role ·         Recommend only, no power punish, no monetary award.

·         Annual report (every year) – govt Executive – Legislature – What action Taken or Why not taken

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