Institutions for Implementation of Human Rights
Institutions for Implementation of Human Rights: National Human Rights Commission:
The Constitution of Human Rights commission is dealt with under section 3 of the protection of Human Rights Act. It provides that the commission be constituted by the Central Government as under:
(I) Sitting or retired Judge of the Supreme Court.
(II) Serving or a retired Chief Justice of the High Court.
(III) Two prominent persons having knowledge or practical experience in the sphere of human rights.
(IV) The chairpersons of the National commission for minorities, the scheduled castes and scheduled tribes and women.
The chairperson and the members shall be appointed by the President and they shall hold office for a period of 5 years from the date on which they enter upon their office.
Powers and function of the Commission:
Section 12 of the Protection of Human Rights Act deals with the powers:
(i) The commission shall inquire ‘ suomotto’ or on a petition presented to it by a victim or any person on his behalf, into complaints of
(a) Violation of human rights or abetment thereof.
(b) Negligence in the prevention of such violation by a public servant.
(ii) The commission may intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.
(iii) The commission shall visit, under intimation to the state govt. any jail or any other institution under the control of the state govt. where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon.
(iv) The commission shall encourage the efforts of non-governmental organizations and institutions working in the field of human rights.
(v) The commission may perform any other function, as it may consider necessary for the promotion of human rights.
Human Rights Courts:
Human Rights Courts are to be established in every district u/s 30 of the Protection of Human Rights Act. These courts ensure the speedy trial of the offences relating to human rights violations.