Functions

The State Human Rights Commission has been vested with similar functions within the state jurisdiction as are assigned under the Protection of Human Rights Act 1993 to the National Human Rights Commission. Accordingly, the State Commission shall perform all or any of the following functions namely:

  • a. inquire, suo motu or on a petition presented to it by a victim or any person on his behalf [or on a direction or order of any court], into complaint of
  • (i) violation of human rights or abetment thereof; or
  • (ii) negligence in the prevention of such violation, by a public servant;

  • b. intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.

  • c. visit, notwithstanding anything contained in any other law for the time being in force, 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 thereof and make recommendations thereon to the Government.

  • d. review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation

  • e. review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures

  • f. Undertake and promote research in the field of human rights

  • g. Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means

  • h. Encourage the efforts of non-governmental organizations and institutions working in the field of human rights

  • i. such other functions as it may consider necessary for the protection of human rights.

POWERS OF THE COMMISSION RELATING TO INQUIRES:

The State Human Rights Commission, while enquiring into complaints under the protection of Human Rights Act 1993, has been vested with powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters namely:

  • a. summoning and enforcing the attendance of witnesses and examining them on oath;
  • b. discovery and production of any document;
  • c. receiving evidence on affidavits;
  • d. requisitioning any public record or copy thereof from any court or office;
  • e. issuing commissions for the examination of witnesses or documents;
  • f. any other matter which may be prescribed.

The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code.

The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorized in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable.

The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.

Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, and the Commission shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

INVESTIGATION:

The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilize the services of any officer or investigation agency of the State Government with the concurrence of the State Government, as the case may be.

For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilized under sub-section (1) may, subject to the direction and control of the Commission: -

  • a.Summon and enforce the attendance of any person and examine him;

  • b.Require the discovery and production of any document; and

  • c. Requisition any public record or copy thereof from any office.

The provisions of section 15 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub-section (1) as they apply in relation to any statement made by a person in the curse of giving evidence before the Commission.

The officer or agency whose services are utilised under sub-section (1) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Commission within such period as may be specified by the Commission in this behalf.

The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the report submitted to it under sub-section (4) and for this purpose the Commission may make such inquiry (including the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit.

INQUIRY INTO COMLAINTS:

The Commission while inquiring into the complaints of violations of human rights may-

  • (i) Call for information or report from the State Government or any other authority or organization subordinate thereto within such time as may be specified by it,provided that-

  • (a) if the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the complaint on its own;

  • (b) if, on receipt of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the complaint and inform the complainant accordingly;

  • (ii) without prejudice to anything contained in clause (i), if it considers necessary, having regard to the nature of the complaint, initiate an inquiry.

STEPS DURING AND AFTER INQUIRY:

The Commission may take any of the following steps during or upon the completion of an inquiry held under this Act, namely:

  • (a) where the inquiry discloses the commission of violation of human rights or negligence in the prevention of violation of human rights or abetment thereof by a public servant, it may recommend to the concerned Government or authority;

    • (i) to make payment of compensation or damages to the complainant or to the victim or the members of his family as the Commission may consider necessary;
    • (ii) to initiate proceedings for prosecution or such other suitable action as the Commission may deem fit against the concerned person or persons;
    • (iii) to take such further action as it may think fit;

  • (b) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;

  • (c) recommend to the concerned Government or authority at any stage of the inquiry for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary;

  • (d) subject to the provisions of clause (e), provide a copy of the inquiry report to the petitioner or his representative.