National Human Rights Commission of India
The most important development in India is the
creation of the National Human Rights
Commission on 29th September 1993 as the result
of an ordinance promulgated by the President.
Subsequently in the following year, the act of the
Parliament provided this body a statutory
status.
Composition:
The National Human Rights Commission (NHRC) is
consisting of a chairperson and seven other
members. Out of the seven members, three are ex-officio
members and four others are appointed
by the President on the recommendation of a Selection
Committee. The Committee is consisting
of the Prime Minister, who is the chairman of this
Committee, Union Home Minister, Deputy
Chairman of the Rajya Sabha, Speaker of the Lok Sabha
and the Leaders of the Opposition in
both the Houses of Parliament.
The members of the NHRC are as follows:
1. The Chairperson is a retired Chief Justice of the Supreme
Court.
2. One member is either a working or a retired judge of the
Supreme Court.
3. One member is either a working or a retired Chief Justice
or a judge of a High Court.
4. Two persons having knowledge or practical experience in
matters relating to Human Rights.
Besides them, the Chairpersons of the National
Commission for Scheduled Castes and
Scheduled Tribes, National Commission for Minorities and
National Commission for Women
shall be its ex-officio members.
Tenure:
The Chairperson and the members of the NHRC have a
tenure of five years.
But if any member attains the age of 70 years before
the completion of his tenure, he or she has to retire
from the
membership.
Removal:
The Chairperson or any other member of this
commission can be removed by the
President even before the expiry of their full term.
They can be removed only on the charge of
proved misbehavior or incapacity or both, if it is
proved by an inquiry conducted by a judge of
the Supreme Court. The headquarters of the
commission is at New Delhi. However, with the
permission from the government, it can establish
offices at other places in India.
Powers and Functions:
The NHRC has the following functions:
1. To investigate complaints regarding the violation of
human rights either suo moto or after receiving a petition.
2. To investigate the failure of duties on the part of any
public official in preventing the violation of human rights.
3. To intervene in any judicial proceedings involving any
allegation of violation of human rights.
4. To visit any jail or any other institution under the control
of the State Government to see the living conditions of the
inmates and to make recommendations thereon.
5. To review the safeguards provided under the constitution
or any law for the protection of the human rights and to
recommend appropriate remedial measures.
6. To study treaties and other international instruments on
human rights and to make
recommendations for their effective implementation.
7. To undertake and promote research in the field of human
rights.
8.To encourage the efforts of the non-governmental
organizations working in the field of human rights.
9. To spread human rights literacy among various sections of
society and to promote awareness
of the safeguards available for the protection of these rights
through publications, the media, seminars and other means.
10. To review all facts related to the activities of the terrorists
which obstruct the way of the
protection of human rights and to make recommendations
for their effective implementation.
While making an inquiry into the
complaints submitted to it, the
commission enjoys the powers of a civil
court. It can recommend to both the
central and state governments to take
appropriate steps to prevent the
violation of Human Rights. It submits its
annual report to the President of India
who causes it to be laid before each
House of Parliament.
Karnataka State Human Rights Commission
(SHRC)
All human beings, for the simple reason that
they belong to human kind, are entitled to
enjoy
certain rights from the cradle to the grave.
These rights are their birth rights and,
therefore,called natural rights. These are the
basic entitlements of human beings without
which life is not worth living, satisfying,
enjoyable and meaningful.
According to Protection of Human Rights Act, 1993,
the State Government may constitute
A Human Rights Commission shall consist of :-
1. A Chairperson who has been a Chief Justice of a High
Court
2. One Member who is, or has been, a Judge of a High
Court or District Judge in the
State with a minimum of seven years’ experience as
District Judge;
3. One Member to be appointed from amongst
persons having knowledge of, or
practical experience in, matters relating to human
rights
Appointment of Chairperson and Members of State
Commission
The Chairperson and Members shall be appointed by the
Governor by warrant
under his hand and seal: Provided that every appointment
shall be made after
obtaining the recommendation of a Committee consisting of
(a) the Chief Minister — Chairperson
(b) Speaker of the Legislative Assembly — Member
(c) Minister in-charge of the Department of Home, in that
State —Member
(d) Leader of the Opposition in the Legislative Assembly —
Member
The Commission has a Secretary who is the Chief Executive
Officer of the State
Commission
The Present Set Up Of the State
Commission
Chairperson :Sri Dhirendra H Waghela
Member: Sri K B Changappa
Member :Sri Rupak Kumar Dutta
Secretary :Smt. Madhu Sharma, IFS.
Inspector General of Police VACANT
Registrar :Sri P. Suryanarayan Gowd
Deputy Secretary: Smt.Sujothy
Muthanna
Functions of SHRC
The Commission performs all or any of the following functions:
1. Inquire suo-motu ( acts on its own) or on a petition presented to it by a
victim or
any person on his behalf, into complaint of
o Violation of human rights or abetment thereof, or
o Negligence in the prevention of such violation, by a public servant.
2. Visit 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, to study the living conditions of the inmates and make
recommendations
thereon
3. Review the safeguard provided by the Constitution or any law for the
time being in
force for the protection of human rights and recommend measures for
their
effective implementation
4. Review the factors including the act of terrorism that inhibit the
enjoyment of
human rights and recommend appropriate remedial measures
5. Undertake and promote research in the field of human rights
6. Spread human rights literacy among various sections of the society
and promote
awareness of safeguards available for the protection, media, seminar
and other
available means
7. Encourage the efforts of non-governmental organizations and
institutions working
in the field of human rights; and
8. Such other functions as it may consider necessary for the
promotion of human
rights.
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