What are human rights commissions in India and how they trained? What are the powers and functions of the Commission on Human Rights of the state and how it investigates complaints? What type of complaints is not accepted by the Commission on Human Rights? If you do not know it, how you will monitor your rights to your complaint, the Human Rights in India? Being a student of the Graduate Diploma in Human Rights, have attempted to summarize the strategy guide to file your complaint on the Rights of India.
Human rights are violated in India as in the world. Many people fail to distinguish between human rights and their grievances and others are addressed to courts to obtain justice for violations. The judiciary in India is slow and corrupt. Thus, many cases remain unattended for many years. In other cases, general litigation must be submitted to courts. But few people are aware that a complaint commission is simple, effective and fast way to get justice in India. Here’s the strategy guide to file your complaint with the State commissions to cite an example in Chandigarh, Punjab.
Each Indian state has its own commissions established by the state government. It works in coordination with the National Commissions of Human Rights to comply with your rights under the Indian Constitution or embodied in the International Covenants and enforceable by the courts in India. Always approach the commissions directly to your complaint or initiate any direction without lawyers. In the case of commissions Punjab, its address is in Punjab Human Right Commission, SCO NO. 20-21 Sector 34A Chandigarh 160034, India. In the case of the woman, you can approach. Office of the State Commission for Women, Punjab SCO 57-59 Sector 17-C, Chandigarh.
What are the functions of the State Commissions?
The Punjab State Commission was established under the Protection of Human Rights Act 1993. It is composed of eligible persons composed of: a president who has been chief judge of the High Court. It includes a member who is or was a judge of the High Court to another member who is or has been a district judge. Two members appointed from among persons having knowledge or practical experience in the field of human rights.’ The Punjab Women commission was created in July 1997 to care for women is the natural law.
For more information on its own initiative or on a petition presented to him by the victim or any other person on his behalf, on the complaint of violation of rights and negligence in preventing the violation by a public servant. Commission may intervene in proceedings concerning an alleged violation of human rights pending before a tribunal with court approval. It may, under intimation to the State Government, inspect prison or other institution under the control of state government, where persons are detained or lodged for purposes of treatment, the reform or the protection of study the living conditions of inmates and make recommendations.
Commission to examine the safeguards provided by or under the Constitution or any law currently in force for the protection and recommend measures for their effective implementation. Commission examines the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate corrective measures. It examines the treaties and other international instruments and makes recommendations for their effective implementation. It aims to disseminate literacy among various sections of society and promote awareness of the safeguards guaranteeing protection of these rights through publications, media, seminars and other means available.
What powers have been granted to the Punjab State Commission relating to inquiries?
While inquiring into complaints under the Protection of Human Rights Act 1993, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure.It may examine them under oath and the discovery and production of any document, proof of delivery on affidavits, requisitioning any public record or copy of any court or board and fees for the issuance of the examination of witnesses or documents.
The Commission will investigate all complaints of violations of human rights may call for information or report from the Central Government or State Government or other authority or organization subordinate to it, within may be specified by it, provided that if the information or report is not received within the deadline set by the Commission may investigate the complaint on its own initiative; Moreover, if, upon receipt of information or report, the Commission is satisfied that no further inquiry is necessary or required actions have been taken or implemented by the government or the authority concerned, may proceed with the complaint and inform the complainant accordingly.
What measures are open to state Commission after investigation?
When the investigation discloses the commission of violations of human rights or negligence in preventing the violation of human rights by a public servant, he may recommend to the concerned Government or authority of the Opening the prosecution process or any other measure that the Commission thinks fit to the person or persons. He can go to the Supreme Court or the High Court for the departments concerned, orders or writs as that Court may deem necessary. It may recommend to the government concerned or the authority to grant such interim relief to the victim or members of his immediate family as the Commission deems necessary.
What type of complaints is not accepted by the State Commissions?
Commission can 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. It can not investigate any matter which is pending before another committee duly constituted under the law for the time being in force. Commission does not address issues that are vague or anonymous. Commission does not address issues that are frivolous or trivial. It does not accept issues such as disputes between landlords and tenants, marital disputes, disputes relating to property inheritance, etc. Commission can not consider a violation of human rights by members of the Armed Forces in Central Europe. Commission can not know when the allegations are not against any government official of the State. Commission does not respond when the material is covered by a judicial verdict, the decision of the State Commission.
State Commissions in India are exempt from many elements of corruption in the regular court system. I recommend using his services in case of violation of human rights. It’s quick, fair justice.