Assignment
Of
Environmental Studies
Submitted to: Submitted by:
Mrs. Thasneema M. Kabir Jinson Raju
3rd year
THE KERALA STATE
HUMAN RIGHTS
COMMISSION
Constituted on 11 December 1998
As per sub- section (1) of Section 21 of the Protection of Human Rights Act 1993
(Central Act 10 of 1994), to exercise the powers conferred upon and to perform
the functions assigned to a State Commission under Chapter V of the said Act.
The Governor of Kerala has appointed the first commission consisting of
Justice [Link] Pillay, [Link] Justice, High court of Kerala as
Chairperson and Dr. S. Balaraman and Shri. T.K Wilson as Members
vide S.R.O no 1066/1998 dated 11/12/98.
State Human Rights Commission(SHRC)
Every state in India has a State Human Rights Commission
established in accordance with the power conferred on the state
under section 21of the Protection of Human Rights Act, 1993.
The protection and promotion of human rights constitute the principal
concern of the Commission. Moreover, the procedures adopted by the
Commission to conduct its proceedings, the Suo motu actions taken on
complaints regardless of the sources received and the transparency of
the proceedings of the SHRC add strength to its functioning in a state.
Functions of SHRC
According to TPHRA, 1993 (with amendment act 2006), the commission is entitled to perform any of the following
functions:
Autonomously investigate on a petition filed by a victim or any person on his/her behalf as a complaint of
1. Violation of human rights and instigation or
2. Negligence in the prevention of such violations by any public servant.
Get involved in any proceeding under allegation or violation of human right pending before a court with the
approval of that court.
Inspect living conditions of the inmates in any jail or any other institution under the control of the State
Government where persons are detained or lodged for purposes of treatment, reformation or protection.
Review the safeguards provided in the constitution or any other law for the time it is in force to ensure the
protection of human rights
Review the factors that inhibit the enjoyment of human rights
Undertake and promote research and awareness programs in the field of human rights
Promote human right awareness through literacy campaigns, publications, seminars etc. for the protection and
safeguards available under human rights practices.
Encourage involvement of Non-Government Organizations and individuals for expansion work in the field of
human rights awareness.
Perform any other functions that may be considered necessary for the promotion of human rights.
The SHRC shall enquire into violation of human rights in respect of matters specified in the state and concurrent
lists.
Its objectives and duties are the same as NHRC, but confined only to the state. It has a chairman and two
members.
It has the power of a civil court and can take cognizance of cases if received or in Suo motu.
It can also recommend compensation to victims.
Child Rights
Apart from the fundamental rights described by the Constitution, we have to ensure certain other rights.
A child is a person who has not completed the age of 18 years i.e. a minor as per UNO. This principle is
exhibited in Articles 25 of the Universal Declaration of Human Rights. Based on these principles, the declaration
of the Rights of the child was accepted and adopted in the UN General Assembly on 20th November, 1989.
• Right to life.
A child has the right to survive even before its birth. The right to survival also includes the right to be born, the right to
basic needs of food, shelter and clothing and a dignified living.
• Right to Family Environment
A child has the right to live a normal childhood in a family environment. Children who have been left destitute,
abandoned or orphaned also have the right to live. These children can be given for adoption to caring families.
• Right to benefit from Social security
Children should get financial support from the country when their parents or guardians are unable to provide them with
a good standard of living by themselves, due to any illness, disability or old age.
• Right to Education
Right to Education Act is an Act of the Parliament of India enacted in 2009 for free and compulsory education for
children from 6 to 14 years of age as under Article 21A of the Constitution. The Right of Children to Free and
Compulsory Education (RTE) Act, 2009, means that every child has a right to formal Elementary Education. This right of
children provides free and compulsory education till the completion of elementary education in a neighbourhood
school. The child need not pay any kind of fee for completing elementary education.
• Right against sale or trafficking
Children should be treated as individuals with fundamental human rights. Children are vulnerable. There
are root causes such as poverty, gender discrimination, broken families etc., behind the sale or trafficking of
children.
Children are subjected to sale or trafficking for various reasons – economic exploitation, sexual exploitation,
sexual abuse, drug trafficking and child labour.
• Right against sexual exploitation
The state should protect children from sexual exploitation and abuse, when they are forced or persuaded to
take part in sexual activities physically or mentally.
• Right against other forms of exploitation like Child labour
Children are often employed in several industries. These children are deprived of their childhood, health
and education. This will lead to a life of poverty and want. These children are made to work in glass, match-
box, lock-making factories, rag-picking, carpet – making industry, beedi - rolling, mining, stone quarrying,
brick kilns and tea gardens etc.
Work is mostly gender – specific, with girls performing more home – based work, while boys are employed
as waged labour. Since these children work in agricultural fields, restaurants, motor repair workshops and
home – based industries, elimination of child labour remains a challenge.
• Right to Information Act (RTI)
The Right to Information Act is a revolutionary act that aims to promote transparency in the government
institutions in India. This act was enacted in October 2005.
A common man can demand any government organization to provide information. The information must be
provided within thirty days. If not, a fee will be collected as penalty from the concerned official.
It is one of the most powerful laws of the country. This act is people friendly; even an illiterate person can ask
any Public Information Officer to write it down for him. All government agencies like Municipal Corporations,
Government departments, Government Schools, Road Authorities, etc., come under this Act.
• Labour Rights
The Constitution ensures right to equality, equality of opportunity in public employment, right to form
associations and unions, right to livelihood, prohibits trafficking, forced labour and child labour. Article 39(d)
ensures equal wages to male and female workers for equal work. “The rights of every man are diminished
when the rights of one man are threatened” said John F. Kennedy. Civilized nations of the world insist on
equality. Nations pay more attention on human rights to ensure equality. This helps in maintaining peace,
harmony and development of the country.
Conclusion
Protecting human rights is an important goal for
every individual and for society as a whole. The
Human Rights Commission staff, work very hard to
ensure compliance with human rights laws. The
Commission also works to help the public gain a
better understanding of the importance of protecting
all people from violation of their human rights.
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