AMITY LAW SCHOOL

AMITY UNIVERSITY GURUGRAM, HARYANA

ASSIGNMENT
OF
HUMAN RIGHTS LAW

“Composition of NHRC
Powers and Functions
Role of NHRC in Protection of Human Rights”

SUBMITTED TO: SUBMITTED BY;

Mr. Sanjay Pandey Anubhav Singh
(Asst.Professor) BBA LLB (H)
Amity Law School 7th Semester
 COMPOSITION OF NHRC
The NHRC consists of: The Chairman and Four members (excluding the ex-officio members) 

 A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court
 One member who is, or has been, a Judge of the Supreme Court of India, or, One member
who is, or has been, the Chief Justice of a High Court
 Three Members, out of which at least one shall be a woman to be appointed from
amongst persons having knowledge of, or practical experience in, matters relating to human
rights
 In addition, the Chairpersons of National Commissions viz., National Commission for
Scheduled Castes, National Commission for Scheduled Tribes, National Commission for
Women , National Commission for Minorities, National Commission for Backward
Classes, National Commission for Protection of Child Rights; and the Chief Commissioner
for Persons with Disabilities serve as ex officio members.

The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be
appointed only after the consultation with the Chief Justice of Supreme Court.

Chairman and Members

The chairman of the NHRC is Justice H. L. Dattu and the other members are:[6]

 Jyotika Kalra

Ex-officio members:

 Chairperson, National Commission for Scheduled Castes

 Chairperson, National Commission for Scheduled Tribes
 Syed Gayorul Hasan Rizvi, Chairperson, National Commission for Minorities
 Rekha Sharma, Chairperson, National Commission for Women
 Chairperson, National Commission for Backward Classes
 Chairperson National Commission for Protection of Child Rights
 Chief Commissioner for Persons with Disabilities

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 POWERS AND FUNCTIONS

The functions of the National Human Rights Commission (NHRC) as stated in Section 12 of the
Protection of Human Rights Act,1993 includes enquiry into complaints of violation of human
rights or negligence in the prevention of such violation by a public servant. The Commission also
studies treaties and international instruments on human rights and makes recommendations for
their effective implementation to the Government.

 NHRC can investigate any complaints related to violation of Human Rights in India
either suo moto or after receiving a petition.

 NHRC can interfere in any judicial process that involves any allegation of violation of
Human Rights.

 It can visit any prison/institute under the control of the state governments to observe the
living conditions of inmates. It can further make recommendations based on its
observations to the authorities.

 NHRC can review the provisions of the Constitution that safeguard Human Rights and
can suggest necessary restorative measures.

 Research in the field of Human Rights is also promoted by the NHRC.

 Human Rights awareness and literacy through different media are promoted by NHRC in
various sectors of society.

 NHRC has the power to recommend suitable steps that can prevent violation of Human
Rights in India to both Central as well as State Governments.

 The President of India gets an annual report from NHRC which is laid before both the
Houses of the Parliament.

HUMAN RIGHTS LAW ASSIGNMENT

 ROLE OF NHRC IN PROTECTION OF HUMAN RIGHTS

The National Human Rights Commission of India has played a very vital and important role in
up keeping the faith of a common man in the criminal justice system of India.

1.Death in police custody-

The commission observed that death in police custody is one of the worst kinds of crimes in a
civilized society governed by the rule of law and poses a serious threat to an orderly civilized
society.

Torture in custody flouts the basic rights of the citizens and is an affront to human dignity. The
National Police Commission in its 4th Report of June 1980, noticed the prevalence of custodial
torture and observed that nothing is “so dehumanizing” as the conduct of the police in practicing
torture of any kind on the person in their custody, based on the following cases:

 Death of Sher Mohammad in police custody by torture: Uttar Pradesh

 Custodial death of Haji Mohammad Tent wala in police custody: Ahmadabad, Gujarat
 Illegal detention, torture and death of Shah Mohammad in police custody and negligence
on the part of doctors for not conducting a thorough post mortem: Madhya Pradesh

The National Human Rights Commission having been constituted under the 1993 Act for better
protection of Human Rights and civil liberties of the citizen has not only the jurisdiction but also
an obligation to grant relief in appropriate cases to the victims or the heirs, whose Right to Life
under Article 21 of the Constitution has been flagrantly infringed by the State functionaries by
calling upon the State to repair the damage done by its officers to the Human Rights of the
citizens.

2.Torture-

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The term torture with reference to police custody implies infliction of severe pain or suffering
whether physical or mental torture. Custodial torture became a common phenomenon and routine
police practice of interrogation these days. It causes a momentary public uproar but once the
incident fades away from the public everything is forgotten. The magnitude of police custodial
torture in India is indicated by the Report of Amnesty International (1992) which says that “415
persons died in the custody of police and security forces due to torture during 1985-91”.

The Government itself admitted in Rajya Sabha that 46 persons died in police custody due to
torture within three months that is January to March 1993 in Delhi alone. These figure point at
the alarming dimensions of the problem.
As per the crime statistics of the year 2002 published by NCRB, 84 custodial deaths were
reported, 34 cases were registered, 32 policemen were charge-sheeted but none was convicted
during that year.

3. Death in judicial custody-

When the death of the deceased takes place in the police custody, Commission issues show-
cause notice to the State government as to why an immediate interim relief under Section 18
(3) of The Protection of Human Rights Act, 1993 be not granted to the next of the kin of the
deceased. The Commission held that the State is vicariously liable for the death of the undertrial
prisoner and if the death of the deceased was due to the negligence on the part of the jail
authorities, State had to pay a sum reasonable to the next of the kin of the deceased
under Section 18(3) of the Act.
The following cases have been reported:

 Death of an undertrial prisoner, Tachi Kaki: Arunachal Pradesh

 Custodial death of undertrial prisoner, Harjinder, due to negligence: Uttar Pradesh
 Death of Sanjay Sharma in District jail, Mathura: Uttar Pradesh
 Death of Jasveer Singh in judicial custody due to negligence in providing timely medical
aid: Uttar Pradesh

HUMAN RIGHTS LAW ASSIGNMENT

4. Police harassment:

Law enforcement agents are hired to serve the public. It is their duty to enforce the law, but that
does not give them the authority to act lawlessly. They must also abide by the regulation outlined
by the government and accord people certain rights. When officers act contrary to law and abuse
their powers, they are often guilty of police harassment.

The Commission on 9 May 2001, reiterated the underlying principle and object of
enacting Section 18 (3) in The Protection of Human Rights Act 1993. The Commission
observed that-
(i) The object of Section 18(3) of the Act is to provide immediate interim relief in a case where
strong prima facie case of violation of Human Rights, has been made out, so that the complainant
is provided immediate relief which need not avail determination in another proceeding of the full
compensation awardable or identification of the particular public servant guilty of the violation
and determination of his liability in another proceeding.
(ii) A welfare state recognising its obligation to afford “relief” to its citizens in distress,
particularly those who are victims of violation of their Human Rights by public servants, has
made this law under which government seeks advice from the National Human Rights
Commission as to what in this view, is reasonable “immediate interim relief”, so that the State
can act on the recommendation.
(iii) The meaning to be given to the Section 18(3) by any State professing to be welfare state
should ensure a liberal construction to promote the philosophy of the statute and to advance its
beneficent and benevolent purposes.
The view implies that administration of such “immediate interim relief ” could only be at the end
of the day, after the guilt of the offending public servant is established in a criminal trial on the
standards of criminal evidence would nullify the great humanism which the statute seeks to
enshrine in the following cases:
 Suicide by Vinod Kumar due to police harassment: Madhya Pradesh
 False implication of Rajinder Singh: Haryana
 Suicide by Vinod Kumar Rajput due to police harassment: Madhya Pradesh

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5. Illegal detention and torture-

Illegal Detention and Torture in Police Station, Shikarpur: Uttar Pradesh (Case

No.17171/24/1999-2000)

The Commission received a complaint from Ganga Prasad a resident of District Bulandshahar,
Uttar Pradesh alleging illegal detention and torture of his son Prahlad Swaroop and one Satish,
son of Chiranjilal by Police personnel belonging to police Station, Shikarpur at the instance of
Zamindars in the village.

It directed the State Government of Uttar Pradesh to show cause as to why an immediate interim
Relief under Section 18(3) of the Act be not awarded to the victims in this case. The
Commission did not receive any response from the Chief Secretary, Government of Uttar
Pradesh. However, the Senior Superintendent of Police, Bulandshahar forwarded an inquiry
report submitted by Additional Superintendent of Police of District, Khurja.
Keeping in view the findings recorded by the Additional Superintendent of Police, District
Khurja and taking note of the fact that the Chief Secretary, Government of Uttar Pradesh had not
shown any cause against the grant of immediate interim relief, the Commission vide its
proceedings dated 23 July 2003 directed that a sum of Rs. 10,000/- be awarded to each of the two
victims viz. Prahlad Swaroop and Satish by the State of Uttar Pradesh. The case is being
monitored by the Commission.

SAFEGUARD AVAILABLE AGAINST THE ILLEGAL ARREST AND DETENTION

The constitution contains some minimum procedural requirements which must be compiled by
the procedure established by law Article 22 provides procedural safeguards against arrest or
detention.
The safeguard contained under this article is available for every person that is citizen or non-
citizen. The main object to provide these safeguard are available only for a criminal or quasi-
criminal offense. Therefore, it does not apply when an arrest is made under civil matters. Article

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22 guaranteed the following safeguard against arrest or detention made under the Right to be
informed as soon as possible of the grounds of arrest or detention.
a. Right to consult and to be defended by a legal practitioner of his choice.
b. Right to be produced before the nearest magistrate within 24 hours of arrest.
c. Right not be detained in custody beyond- 24 hours without the authority of the magistrate.

6. Juvenile Justice:
The Juvenile Justice towards the prevention and treatment of juvenile delinquency and provides
a framework for the protection, treatment, and rehabilitation of children in the purview of the
juvenile justice system.

Rights of Juveniles:

The condition of Child inmates in Juvenile Home, Meerut: Uttar Pradesh-

The commission on 26th Sep. 2005 took suo-motu cognizance of a news item published in
“Amar Ujala” on 21st September 2005, captioned “Massoomo ke Liye Kale se Kam nahi Hai
Jail”. According to the news item, 59 child accused were taken to the Meerut court for
appearances before the magistrate on 20 September 2005. The van carrying 59 children was
parked in an open area outside the court premises under direct sun for five hours and the inmates
were not given food and water.

It is a serious issue about violation of Child Rights the Commission directed its investigation
team to visit Govind Ashram located at Juvenile court Saket. The team inquired about the factual
allegations contained in the newspaper within two weeks.

The commission considered the report with a further spot investigation report in the light of
assurance before the inquiry team. Action taken report called from the Chief Secretary,
Government of U.P. is awaited.

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The Former Chairman of the National Human Rights Commission (NHRC) Chairman Justice
A.S. Anand stated, “Overcrowding throws every system out of gear and is found to be the root
cause of the deplorable conditions in our jails”

Justice Anand has written letters to the chief justices of all high courts suggesting regular holding
of special courts in jails and their monitoring by either the chief justices themselves or a senior
judge.

Asking the Judiciary to address this problem, Justice Anand has proposed fast track courts to be
held inside the prisons for the benefit of the under trails, which alone will help decongest the
prisons.

The survey mentioned that “Slow progress of the cases and operation of the bail system to the
disadvantage of the poor and illiterate is responsible for the plight of others who continue to
suffer all the hardships of incarceration although their guilt is yet to be established”.

The Commission chairman has proposed a four-track strategy to deal with the situation. Beside
special courts to be held inside jails, and also wants the courts to release under trail on the
personal surety bonds, in case of self-confessed first timers and petty offenders.

HUMAN RIGHTS LAW ASSIGNMENT