How Commission Work | Gujarat State Human Rights Commission
How Commission Work | Gujarat State Human Rights Commission

How Commission Work

Aims/objectives of the State Commission

The Gujarat State Human Rights Commission has been constituted under the Government Home Department Notification No.GG/52/2006/HRC/1094/ GOI-I (Part-2) IV Dtd.12/7/2006. As mentioned in section 21(5) of the Protection of Human Rights Act, 1993, it require to look into violation of human rights in respect of matters related to only of the entries enumerated in List-II (State List) and List-III (Concurrent List) in the seventh schedule to the article of the Constitution, but the commission shall not inquire into any matter which is pending before a State Commission or any other commission duly constituted under any law for the time being in force. [Section-36 (1)].

On Constitution of the Gujarat State Human Rights Commission, the State Commission has started functioning from 12th September 2006.

Functions and powers of the Gujarat State Human Rights Commission.

Functions

The State Commission shall perform all or any of the following functions namely [(Section-12)].

Inquire, suo motto or any 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

  • Violation of human rights or abetment thereof, or
  • Negligence in the prevention of such violation, by a public servant.
  • Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.
  • 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 thereof and make recommendations thereon to the Government.
  • 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 recommended measures for their effective implementation.
  • Review the factors, including acts of terrorism that inhabit the enjoyment of human rights and recommended appropriate remedial measures.
  • Study treaties and other international instruments on human rights and make recommendations for effective implementation.
  • Undertake and promote research in the field of human rights.
  • 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.
  • Such other functions as it may consider necessary for the protection of human rights.

Powers related to inquires

The State Commission has the following powers.

The commission shall, while inquiring into complaints under the Protection of human rights Act, 1993 and particularly with regard to the matters mentioned under section-13 of the Act, have all powers of a civil court trying a suit under the Code of Civil Procedure, 1908 namely:

  • Summoning and enforcing the attendance of witnesses and examining team on oath
  • Discovery and production of any document
  • Receiving evidence on affidavits
  • Requisitioning any public record or copy thereof from any court or office
  • Issuing commissions for the examination of witnesses or documents
  • 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 any seize any such document or take extracts or copies there from 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 2228 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 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 the 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.

Where the Commission considers it necessary or expedient so to do, it may by order, transfer any complaint filed or pending before it to the State Commission of the State from which the complaint arises, for disposal in accordance with the provisions of this Act Provided that no such complaint shall be transferred unless the same is one respecting which the State Commission has jurisdiction to entertain the same.

Every complaint transferred under sub-section (6) shall be dealt with and disposed of the State Commission as if it were a complaint initially filed before it.

Exception:

Provided that the State Human Rights Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.

Mission of the State Commission (foresightedness and definitions)

Foresightedness and History

“International Covenants” are made in respect of human rights. Accordingly which include International covenants on civil and political rights and International covenant on economic social and cultural rights adopted by the General Assembly of United Nations on the 16th December, 1966 (Section 2(1)(F) of the Act.

Definitions

Definitions of the important matters included and words in human rights and some definitions mentioned in section-2 of the Human Rights Act, 1993.

  • "Armed forces" means the naval, military and air forces and includes any other armed forces of the Union;
  • "Chairperson" means the chair person of the commission or of the State Commission, as the case may be
  • "Commission" means the National Human Rights Commission under section 3
  • "Human Rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution embodied in the International covenants and enforceable by courts in India.
  • "Human Rights Court" means the Human Rights Court specified under section 30
  • International Covenants" means the International Covenant on Civil and Political Rights and International Covenant of Economic, Social and Culture rights adopted by the General Assembly of the United Nations on the 16th December, 1966 (and such other Covenant or Convention adopted by the General Assembly of the United Nations as the Central Government may, by notification, specify")
  • "Member" means a Member of the Commission or of the State Commissionas the case may be.
  • "National Commission for Minorities” means the National Commission for Minorities constituted under section 3 of the National Commission for Minorities Act, 1992
  • "National Commission for the Scheduled Castes” means the National Commission for the Scheduled Castes referred to in Article 338 of the Constitution.
  • "National Commission for the Scheduled Tribes” means the National Commission for the Scheduled Castes referred to in Article 338 A of the Constitution.
  • "National Commission for Women” means the National Commission for Women constituted under section 3 of the National Commission for Women Act, 1990.
  • "National Commission for Protection of Child Rights"
  • "Notification" means a notification published in the official Gazette
  • "Prescribed" means prescribed by rules made under this Act
  • "Public Servant" shall have the meaning assigned to it in section 21 of the Indian Penal Code
  • State Commission" means a State Human Rights Commission constituted under Section-21.
  • Rules and Regulations means the "Rules" and "Regulations" framed by the State Governmentunder section-41 of the Act and should take the meaning of the Regulations framed by the State Commissionunder section 10(2) of the Act.

The interpretation of the terms, which are not made in the rules-regulations, shall be construed as mentioned in the law or the interpretations that may be purporting thereby.

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