The Protection of Human Rights Act, 1993 - PowerPoint Presentation

Slide1

The Protection of Human Rights Act, 1993

Functions and Duties of Human Rights CommissionsSlide2

Protection of Human Right Act, 1993 On 8

th January, 1994.

National Human Rights Institutes (NHRI)

1991 - first international Workshop on National

Institutes.

1978 – Commission on Human Rights Organized

1993 - World Conference in Vienna and the

Programme

of Action.Slide3

Civil Rights protection

Commissioner

Human Right Commission

Human Right Institutions on centers

Ombudsman and

Public defenders / protectors

The NHRIs have different formsSlide4

They are state institutions with a

mandate to promote and protect human

rights;

They are headed by a number of full time

or part time members who are decision

makers;

Investigation is a core function they can

receive individual complaints;

They have authority to make

recommendations following Investigation.

The Human Rights Commission share following attributes:Slide5

I ) public education through awareness campaign and

(II) training in general and

(III) especially for groups like NGOs, police, prisons officials, armed force, journalists and judiciary.

(IV) publications

–

(V) Annual reports

–

(VI) Seminars and workshop-

(VII) Community based initiative – (VIII) development of curriculum for school and colleges in partnership with educational authorities,(ix) media events,

(X) press release/ conferences.

Promotional Role :Slide6

Investigation

–

(I) alternative resolution,

(II) seeking redress,

(III) remedies through courts, tribunals by way off amicus curiae

where

necessary,

(IV) receiving individual complaints,

(V) public enquiry,

(VI) protect the human right defenders,

(VII) review conditions in detention facilities, (VIII) visiting facilities unannounced and requesting to provide interviews with detainers

Protection Role:Slide7

Submit opinions /recommendations, proposals and reports on matters regarding promotion & protection of human rights relating to the following.

The Paris principles

The Paris principles define Human Rights Institutions roles

a) Examine legislation & administrative provisions

b) Look into any situation of violations of human

right

c) Prepare reports on the national situation related

human right

d) Draw the attention of the government on the

human violationsSlide8

e) Promote and ensure the harmonization of national legislation

With international Human Right Instruments

f)

To encourage ratification of above mentioned instruments

g) To contribute to the reports required to submit to the united

Nations Bodies and Committees.

h) To co- operate with the united nations systems in the areas of

protection and promotion of human right.

i

) To assist in the formulation of program for the teaching of

and research in to human right and to take part in their

execution in schools, universities and professional circles.

To publicize human right and efforts to combat all forms of

discrimination by increasing public awareness.Slide9

THE PROTECTION OF HUMAN RIGHTS ACT,1993

1. Constitution of National Human Rights

Commission.

2. Appointment of Chairperson

and other Members.

3. Registration and removal of

Chairperson and members.4. Terms of office of Chairperson and

Members

5. Members to act as Chairperson or to discharge his functions in certain circumstances.Slide10

6. Terms and conditions of service of

Chairperson and Member.7. Vacancies not to invalidate the

proceedings of the Commission.

8. Procedure to be regulated by the

Commission.

9. Officers and other staff of the

Commission.10. Functions of the Commission.Slide11

11. Powers relating to inquiries.

12. Investigation.13. Statement made by persons to the Commission.

14. Persons

likely to

be prejudicially

affected to be heard.15. Inquiry into complaints.

16. Steps during and after inquiry.Slide12

17. Procedure with respect to armed forces.

18. Annual and special reports of Commission.

19.Constitution of State Human Rights

Commission.

20. Appointment of Chairperson and

Members of State Commission.

21. Resignation and Removal of Chairperson or a Member of the

State Commission.Slide13

22. Terms of office of Chairperson and

Members of the State Commission.23. Member to act as Chairperson or

to discharge his functions in

certain circumstances.

24. Terms and conditions of service of

Chairperson and Members of the State Commissions.25. Officers and other staff of the State

Commission.Slide14

26. Annual and special reports of State

Commission.27. Application of certain provisions relating to

National

Human Rights Commission to State

Commissions.

28. For the purpose of providing speedy trial of offences arising out of violation of human

rights, the State Government may, with the concurrence of the Chief Justice of the Court, by notification, specify for each district a Court of Session to be a Human Rights Court to try the said offence.Slide15

29. Appointment of Special

Public Prosecutor.30. Grants by the Central Government.

31.

Grants by the State Government

. 32.

Accounts and Audit

33. Accounts and Audit of State

Commission.34. Matters not subject to jurisdiction

of Commission.Slide16

35. Constitution of special

investigation teams.36. Protection of action taken in good faith.

37. Members and officers to be public

servants.

38. Power of Central Government to

make rules.39. (A) Power to make rule retrospectively.Slide17

39. (B) subject to the provisions of

this Act and the rules made thereunder, the Commission may, with the previous approval of Central Government, by notification, make regulations to carry out the provisions of this Act.Slide18

40. Power of State Government to

make rules.41. Power to remove difficulties.43. Repeal and Savings.Slide19

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 or

Violation of human rights or abetment thereof; or

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;

Section 12 gives the role of the NHRC and SHRCs as given below:

The Protection of Human Rights Act, 1993Slide20

(C) visit, not with standing 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

there of and recommendations thereon to the government;

d) Review the safe guards 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) Study treaties and other international instruments on human rights and make recommendations for their effective implementation; Slide21

g) Undertake and promote research in the field of human rights;

h) 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 non-governmental organizations and

institutions working in the field of human rights;

j) Such other functions as it may consider necessary for the

protection of human rights.Slide22

Chairperson is a retired Chief justice of the

high Court .

As per the amendment in 2006, the number of

members has been reduced to 2.

Most of the human rights

violations cases, i.e.

35% which are admitted in the Commission are

against the police department.

The Maharashtra state Human Rights Commission, Mumbai

The Maharashtra state Human Rights Commission, Mumbai was established In the year 2000 and started functioning from March 2001. It is located in Mumbai.Slide23

The UDHR is reflected in our constitutions at Part III,

Fundamental Rights, and Part IV, the Directive Principles of State Policy. The higher courts have also adjudicated that Article 21 i.e. Right to life can be extrapolated to mean social and economic rights. Slide24

Complaint on paper

No Advocate or 3

rd

party person is required

Independent investigation team

Immediate compensation as interim relief from

the Government

The Commission can approach the Supreme Court or

the High Courts

Speedy justice possible of the access to justice in the human rights commission are the following -Slide25

Appointment

Accountability

Fulfill the mandate evenly :

Stress of the Human

Rights Commissions

Look into the complaints mainly and the other

responsibilities have not been looked into The State Human Rights Commissions have not made any reports regarding changes necessary in

by laws so as to ensure protection of human

rights.

Areas that constrain proper functioning and requires changes to strengthen access to justice.Slide26

Research in human rights.

Ill equipped due to constraints of trained personnel.Spread human rights literacy through seminars.Encouraging the efforts of the NGO’s and other institutionsAccessibilityStaff needsCo-operation with civil societyHuman Rights Courts( Section 28, 29)Slide27

Human Rights violations not under the purview of the Protection of Human Rights Act, 1993

SHRCs must reach out to the people – victims, civil society, NGOs who are with the victims, institutions which can function as center for advocacy and are defenders of human rights as equal partners. SHRCs need to introspect and fill the gaps by collaboration with civil society and outside experts as partners in defending of Human Rights.Slide28

Human Rights Action Plan

Grants for the running of the Commission Maintaining ComplianceSeminars, Internship and Attachments