Tag: ASSAM HUMAN RIGHTS COMMISSION

Background & Legal Framework The Government of India established the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) through an Ordinance effective 28th September 1993. The Ordinance was later replaced by the Protection of Human Rights Act, 1993 (Act No. 10 of 1994), enacted on 8th January 1994, but effective retrospectively from 28th September 1993. NHRC was constituted in 1993, followed by the creation of SHRCs in various states. Composition of SHRC SHRC is a multi-member body consisting of: Chairperson Two other members Qualifications of Members Chairperson: Retired Chief Justice or Judge of a High Court 1st Member: Serving or retired High Court Judge or District Judge with at least 7 years of experience as a District Judge 2nd Member: Person with knowledge or practical experience in human rights Appointment Procedure Appointed by the Governor on the recommendation of a committee comprising: Chief Minister (Chairperson of the committee) Speaker of the Legislative Assembly Chairperson of the Legislative Council (if applicable) Leader of the Opposition in the Legislative Assembly Leader of the Opposition in the Legislative Council (if applicable) State Home Minister Note: A sitting Judge of the High Court or a sitting District Judge can be appointed only after consultation with the Chief Justice of the concerned High Court. Term & Re-appointment Tenure: 3 years or until 70 years of age, whichever is earlier Eligible for re-appointment Not eligible for further employment under Central or State Government after tenure Removal of Members Though appointed by the Governor, members can be removed only by the President Grounds for removal (same as NHRC): Insolvency Engages in paid employment outside official duties Infirmity of mind/body Unsound mind, as declared by court Conviction and imprisonment Proved misbehavior or incapacity (after inquiry by the Supreme Court on Presidential reference) Salaries & Conditions of Service Determined by the State Government Cannot be altered to disadvantage after appointment Jurisdiction SHRC can inquire into human rights violations related to subjects under: State List and Concurrent List of the 7th Schedule Exclusion Clause: SHRC cannot inquire into matters already being investigated by: NHRC or Any other statutory commission Functions of the Human Rights Commissions Inquire into violations of human rights or negligence in their prevention: Suo motu On petitions by victims or others on their behalf Intervene in court proceedings (with court approval) involving human rights violations. Visit jails and institutions (with State Government intimation) to: Assess living conditions Recommend reforms Review Constitutional & legal safeguards for human rights and recommend better implementation. Assess factors (e.g., terrorism) that inhibit enjoyment of human rights and suggest remedies. Promote and undertake research in the field of human rights. Promote human rights literacy and awareness through media, seminars, etc. Encourage NGOs and institutions working for human rights. Perform any other functions necessary for human rights promotion. Powers Related to Inquiries (Similar to Civil Court Powers) While conducting inquiries, the Commission has powers equivalent to a Civil Court including: Summoning and examining witnesses on oath Discovery and production of documents Accepting evidence on affidavits Requisitioning public records from courts/offices Issuing commissions for examination of witnesses/documents Other prescribed matters Can require individuals (subject to legal privileges) to provide relevant information for inquiries. Additional powers to facilitate the inquiry process.

Tag: ASSAM HUMAN RIGHTS COMMISSION

ASSAM HUMAN RIGHTS COMMISSION

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