UNIT V REMEDIES

1 – Discuss the role of courts in the protection of Human Rights.

Role of courts: the Supreme Court, High Courts and other courts
Judiciary in every country has an obligation and a Constitutional role to Protect Human
Rights of citizens. As per the mandate of the Constitution of India, this function is assigned
to the superior judiciary namely the Supreme Court of India and High courts.
The Supreme Court of India is perhaps one of the most active courts when it comes into the
matter of protection of Human Rights. It has great reputation of independence and
credibility. The latest judicial trend reveals that Indian courts are quite enthusiastic in using
the law as a tool of social revolution and to serve the larger social interest. Chief Justice
Bhagwati has rightly observed that courts should be guided by the paramount object and
purpose for which the constitution has been enacted. Law must be treated as a tool of social
reform and social transformation for creating a new social order where human rights of
each and every individual can be enforced with a possibility of greater common good.

The preamble of the Constitution of India encapsulates the objectives of the Constitution-
makers to build a new Socio Economic order where there will be Social, Economic and
Political Justice for everyone and equality of status and opportunity for all. This basic
objective of the Constitution mandates every organ of the state, the executive, the
legislature and the judiciary working harmoniously to strive to realize the objectives
concretized in the Fundamental Rights and Directive Principles of State Policy.

The very first and basic human right of an individual is right to life and life with dignity is part
and parcel of this right. Life with dignity is the necessary epitome of right to life which helps
in development of an individual’s personality and true realization of human rights. The
Judiciary with no doubt has played a vital role in protection of Human rights over the
decades. Some of the most unpleasant violation of human rights like Sati, Child Marriage,
Honour Killings, Slavery, Child labour etc., have been abolished wholly owing to widespread
awareness and strict implementation measures taken by the Judiciary.

JUDICIAL ACTIVISM
The court in Kharak Singh vs. State of U.P. defined the meaning of ‘LIFE’ as something more
than mere animal existence. Life in real sense means life with dignity and of such nature
which may afford an individual the opportunities to get desired heights as per his
capabilities. Life with dignity goes with many other things which are the basic necessities of
life such as adequate nutrition, clothing, and shelter over heads and facilities to read write
and express or simply to say education. The same was held in Francis Coralie vs. Union
Territory of Delhi and activities as constitute the bare minimum expression of human self
were declared as human right. The Supreme Court in Olga Tellis vs. Bombay Municipal
Corporation and Delhi Transport Corporation vs. DTC Majdoor Congress case came forward
with the protection of right to livelihood slum and pavements dwellers and employees of
DTC and held that right to life includes right to livelihood and they are deprived of this right.
It will be a threat to their very existence and may be the biggest attack over their human
rights. In Parmanand Katara vs. Union of India the Supreme Court observed, that it is a
paramount obligation of every member of medical profession (private or government) to
give medical aid to every injured citizen brought for treatment immediately without waiting
for procedural formalities and thus secured human right of health or to receive medical
treatment.
Education helps the individual to understand his/her right, manner for its implementation.
Therefore the right to education becomes the part of inalienable human right. Education is
also a halt where the efficacy or propriety of implementation of human rights may be
checked into. Further human right of dignified life may be provided only when education is
imparted and therefore education automatically becomes human right of an individual. For
implementation of this very human right Supreme court in various cases provided education
a status of Fundamental right. Unnikrishnan J.P. vs. State of Andhra Pradesh and Mohini
Jain cases are remarkable on the point. It is the effort of judiciary in its various judgments
due to which the legislature was compelled to give right to education a constitutional status
and Article 21 A was added as fundamental right.
The second vulnerable class of society is women. Though the women in present time have
came out from the boundaries of their houses and have better understanding of their rights
but the ratio is very low. Most of the women are still locked within the four walls. They still
face an unequal and degraded treatment. In Mohammad Ahamad vs. Shah Bano Case it
was held that “Large segment of the society have been traditionally subjected to unjust
treatment. Women are one of such segment.” When we talk of women’s development all
are just vague or merely a showcase discussions. These are simply window shopping of
development. Court in various cases as Vishakha case, Nargeesh Mirza case, Chandrimadas
vs. Chairman Railway Board etc. has made efforts for creating equality for women to save
their human rights but still the cases of gross violation of human rights of women are
coming regularly which shows that we are still lacking in protection of human rights of
women.
The status of human rights is fairly high under the Constitution of India which makes
provision for fundamental rights and empowers Supreme Court of India and High Courts to
enforce these rights. Equally important is the fact that India is a signatory to international
conventions on economic, social, cultural, civil and political rights, with certain conditions.
These rights are partly contained in Part III of the Constitution of India including the right to
equality in Article 14, right to freedom of speech and expression in Article 19(1)(a), the right
to protection of life and personal liberty in Article 21 and the right to religious freedom in
Article 25 etc. In Part IV of the Constitution, the Directive Principles of State Policy i.e. the
duties of the State or the socio-economic rights, have been envisaged which are non
justifiable in any court of law but complementary to the fundamental rights in Part III. It
directs the State to apply policies and principles in the governance of the country so as to
enhance the prospects of social and economic justice. For instance, Article 43 directs the
State to secure for workers a living wage, decent standard of life and social and cultural
opportunities. On a different note, the society should be changed in a positive way by the
State, enlighten and place every human being in a society where their individual rights can
be protected as well as upheld.
The Indian judiciary with its widest interpretation in observance of Human Rights has
contributed to the progress of the nation and to the goal of creating India as a vibrant State.
The definition of Human Rights can be found under Section 2(d) of the Protection of Human
Rights Act, 1993 as, “The rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International Covenants and enforceable
by the Court of India.” So it is evident that Courts have a major role to play in enforcing the
rights.
The intervention by the courts for issues involving the economic, social and cultural rights
definitely created a positive implication.
Some very important developments have occurred wholly due to the initial efforts taken by
the Judiciary, like
• Many of the recent changes in law and policy relating to education in general, and
primary education in particular, are owed to the decision in Unnikrishnan P.J vs. State of A.P.
and others (1993 4 SCC 111)
• For instance, the decision in Paschim Banga Khet Mazdoor Samity & Ors vs. State of West
Bengal (1996) 4 SCC 37 delineates the right to emergency medical care for accident victims
as forming a core minimum of the right to health.
• The orders in PUCL vs. Union of India 2003underscore the right of access for those below
the poverty line to food supplies as forming the bare non-derogable minimum that is
essential to preserve human dignity.
Writ Jurisdiction of the Supreme Court and the High Courts
The most significant of the Human Rights is the exclusive right to Constitutional remedies
under Articles 32 and 226 of the Constitution of India. Those persons whose rights have
been violated have right to directly approach the High Courts and the Supreme Court for
judicial rectification, redressal of grievances and enforcement of Fundamental Rights. In
such a case the courts are empowered to issue appropriate directions, orders or writs
including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-warranto, and
Certiorari. By virtue of Article 32, the Supreme Court of India has expanded the ambit of
Judicial Review to include review of all those state measures, which either violate the
Fundamental Rights or violative of the Basic Structure of the Constitution. The power of
Judicial Review exercised by the Supreme Court is intended to keep every organ of the state
within its limits laid down by the Constitution and the laws. It is in exercise of the power of
Judicial Review that, the Supreme Court has developed the strategy of Public Interest
Litigation.
A new approach has emerged in the form of Public Interest Litigation (PIL) with the objective
to bring justice within the reach of the poor and the disadvantageous section of the society.
In the recent past the judges of the High Courts and the Supreme Court have from time to
time given far reaching and innovative judgements to protect the Human Rights. Public
Interest Litigation has heralded a new era of Human Rights promotion and protection in
India.
Public Interest Litigation has rendered a signal service in the areas of Prisoner’s Rights,
development of compensatory jurisprudence for Human Rights violation, Environmental
protection, bonded labour eradication and prohibition of Child Labour and many others.

Compensatory Jurisprudence and Human Rights

A significant contribution of judicial activism in the post Maneka Gandhi period has been the
development of compensatory jurisdiction of the Supreme Court and the High Court’s under
Articles 32 and 226 of the Constitution. The scope of writ jurisdiction has also been
expanded to uphold the Human Dignity and other Fundamental Human Rights. Consequent
upon the expansion of writ jurisdiction, the Compensation as a mode of redressal of
violation of Human Rights gained importance. The Supreme Court made a departure from
the ordinary civil law, where the right to claim compensation is only through a civil suit
instituted by the aggrieved party before the court of first instance.
ENVIRONMENT ISSUES
The contribution of the Supreme Court of India and High Courts in protecting the
environment and ecology, forest wild life, etc. has been phenomenal. Despite the limitations
of jurisdiction, the Court played a vital role in this regard. More importantly what is needed
from an environmental angle is a vision for the future. We have got enough laws to protect
the environment, but its implementation is in the hands of administrative authorities. Good
governance free from corruption is the basic need to protect the environment. The words of
Justice Frankfurter are apt, quoting “An onerous obligation….. We owe to posterity ….. Clean
air, clean water, greenery and open space. They ought to be elevated to the status of birth
right of every citizen.”
ROLE OF DISTRICT JUDICIARY
The District judiciary renders an active role in dispense of justice, they have a massive duty
to protect the constitutional rights of the citizens. Barring few limitations, the District
Judicial Officers are in charge of all matters including application and interpretation of
constitutional provisions like Articles 14, 19, 21 etc. It is after the appreciation of work done
by the District judicial officers, that the legislators enacted the Human rights Act, 1993.
One of the main objectives of the Human Rights Act, 1993 is to establish the Human Rights
Courts at every district level. Section 30 of the Act enables the State Government to specify
for each district, a Court of Sessions to be a Human Rights Court after the due concurrence
with the Chief Justice of the respective High Courts.
The motive behind the provision is to provide speedy trial of offences arising out of violation
of human rights. The creation of Human Rights Courts at the district level has a great
potential to protect and realize human rights at the grassroots level.
On 9 September 2011, the West Bengal government was the first to set up Human Rights’
Courts in all 19 districts of the State to ensure speedy disposal of cases concerning human
rights. These courts function from the district headquarters and it is under the District
Sessions Judge. Separate public prosecutors are being appointed in each District Human
Rights Court, as provided by the section 31 of the Protection of Human Rights Act, 1993.

At last as a concluding remark it could be said that right to life, right to food, right to
education, right to earn livelihood, right to marry, right to procreate children, proper
political representation, right not to get offended by someone’s expression and many other
rights may be listed into the list of human right. Some of those are protected by
constitutional provisions and some by judicial decisions. But the scope of human rights is
bigger than fundamental right. Since the court can protect the violation of rights by state or
its agencies by the human rights are available against the world. Every human being
possesses a right that his human right should not be violated by any other individual.
Therefore it is for us to create a system where human rights of each and every individual can
be protected. For this we must understand our correlative human duty. It is a very old moral
which everyone of us learns in our first school that “we should not behave others in a
manner which we don't expect for us.” it is time to get this moral imparted into our life so as
to establish a society where human rights of every individual can be protected.

2 – Write a short note on National commission for minorities.

NATIONAL COMMISSION FOR MINORITIES

Constitution of the National Commission for Minorities-

i. The Central Government shall constitute a body to be known as the National

Commission for Minorities to exercise the powers conferred on, and to perform the
functions assigned to, it under this Act.
ii. The Commission shall consist of a Chairperson, [a Vice Chairperson and five]
Members to be nominated by the Central Government from amongst persons of
 eminence, ability and integrity; Provided that five Members including the
Chairperson shall be from amongst the Minority communities.

Term of office & conditions of service of Chairperson & Members-

i. The Chairperson and every Member shall hold office for a term of three years from
the date he assumes office.
ii. The Chairperson or a Member may, by writing under his hand addressed to the
Central Government, resign from the office of Chairperson or, as the case may be, of
the Member at any time.
iii. The Central Government shall remove a person from the office of Chairperson or a
Member referred to in sub-section (2) if that person -
a. Becomes an undischarged insolvent.
b. Is convicted and sentenced to imprisonment for an offence which in the
opinion of the Central Government involves moral turpitude.
c. Becomes of unsound mind and stands so declared by a competent court.
d. Refuses to act or becomes incapable of acting.
e. Is, without obtaining leave of absence from the Commission, absent from
three consecutive meetings of the Commission.
f. has, in the opinion of the Central Government, so abused the position of
Chairperson, or Member, as to render that person’s continuance in office
detrimental to the interests of Minorities or the public interest: Provided that
no person shall be removed under this clause until that person has been
given a reasonable opportunity of being heard in the matter.
iv. A vacancy caused under sub-section (2) or otherwise shall be filled by fresh
nomination.
v. The salaries and allowances payable to, and the other terms and conditions of
service of, the Chairperson and Members shall be such as may be prescribed.

Officers and other employees of the Commission-

 i. The Central Government shall provide the Commission with a Secretary and such
other officers and employees as may be necessary for the efficient performance of
the functions of the Commission under this Act.
ii. The salaries and allowances payable to, and the other terms and conditions of
service of, the officers and other employees appointed for the purpose of the
Commission shall be such as may be prescribed.

Procedure to be regulated by the Commission

i. The Commission shall meet as and when necessary at such time and places as the
Chairperson may think fit.
ii. The Commission shall regulate its own procedure.
iii. All orders and decisions of the Commission shall be authenticated by the Secretary
or any other officer of the Commission duly authorized by the Secretary on his
behalf.

FUNCTIONS OF COMMISSION-

The Commission shall perform all or any of the following functions, namely:-

a. Evaluate the progress of the development of Minorities under the Union and
States.
b. Monitor the working of the safeguards provided in the Constitution and in
laws enacted by Parliament and the State Legislatures.
c. Make recommendations for the effective implementation of safeguards for
the protection of the interests of Minorities by the Central Government or
the State Governments.
d. Look into specific complaints regarding deprivation of rights and safeguards
of the Minorities and take up such matters with the appropriate authorities.
e. Cause studies to be undertaken into problems arising out of any
discrimination against Minorities and recommend measures for their
removal.
 f. Conduct studies, research and analysis on the issues relating to socio-
economic and educational development of Minorities.
g. Suggest appropriate measures in respect of any Minority to be undertaken by
the Central Government or the State Governments.
h. Make periodical or special reports to the Central Government on any matter
pertaining to Minorities and in particular the difficulties confronted by them.
i. Any other matter which may be referred to it by the Central Government.
ii. The Central Government shall cause the recommendations referred to be laid before
each House of Parliament along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the Union and the
reasons for the non-acceptance, if any, of any of such recommendations.
iii. Where any recommendation referred to is such with which any State Government is
concerned, the Commission shall forward a copy of such recommendation or part to
such State Government who shall cause it to be laid before the Legislature of the
State along with a memorandum explaining the action taken or proposed to be taken
on the recommendations relating to the State and the reasons for the non-
acceptance, if any, of any of such recommendation or part.
iv. The Commission shall, while performing any of the functions mentioned in sub-
clauses (a), (b) and (d) of sub-section (1), have all the powers of a civil court trying a
suit and, in particular, in respect of the following matters, namely:-
a. Summoning and enforcing the attendance of any person from any part of
India and examining him on oath.
b. Requiring the discovery and production of any document.
c. Receiving evidence of affidavits.
d. Requisitioning any public record or copy thereof from any court or office.
e. issuing commissions for the examination of witnesses and documents; and
f. Any other matter which may be prescribed.

3 -Write a short note on National commission for Backward Classes.

NATIONAL COMMISSION FOR BACKWARD CLASSES

National Commission for Backward Classes is an Indian statutory body established on 14
August 1993, under the provisions of National Commission for Backward Classes Act. The
commission was the outcome of the direction of the Supreme Court in the Mandal
case judgment.

The commission has five members: a Chairperson who is or has been a judge of the
Supreme Court or of a High Court; a social scientist; two persons, who have special
knowledge in matters relating to backward classes; and a Member-Secretary, who is or has
been an officer of the Central Government in the rank of a Secretary to the Government of
India. Their term is of Three years.

Current members

 Chairperson — Justice V. Eshwaraiah

 Secretary — Shri A. K. Mangotra
 Member — S.K.Kharventhan
 Member — A. K. Saini
 Member — Shakeel-uz-Zaman Ansari

FUNCTIONS

The commission considers inclusions in and exclusions from the lists of communities notified
as backward for the purpose of job reservations and tender the needful advice to the
Central Government as per Section 9(1) of the NCBC Act, 1993. Similarly, the states have
also constituted commissions for BC's. As of 24 July 2014 over two thousand groups have
been listed as OBCs. Both the National Commission for Backward Classes and National
.Commission for Scheduled Castes have the same powers as a Civil Court.

Powers of the Commission

The Commission shall, while performing its functions under section 9 has all the powers of a
civil court trying a suit and in particular, in respect of the following matters, namely;

 summoning and enforcing the attendance of any person from any part of
India and examining him on oath;
  requiring the 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 and documents; and

 Any other matter which may be prescribed.

4 -Write a short note on National commission for Women.

NATIONAL COMMISSION FOR WOMEN

The Committee on the Status of Women in India (CSWI) recommended nearly two decades
ago, the setting up of a National Commission for Women to fulfill the surveillance functions
to facilitate redressal of grievances and to accelerate the socio-economic development of
women.

In January 1992, the National Commission for Women (NCW), was set up as a statutory
body under the National Commission for Women Act, 1990 to review the constitutional and
legal safeguards for women; recommend remedial legislative measures, facilitate redressal
of grievances and advise the Government on all policy matters affecting women.

COMPOSITION AND ORGANISATION OF COMMISSION

The Commission consists of a Chairperson and five members to be nominated by the Central
Government. There is also a member secretary, a member of civil service and an expert in
the field of management, organizational structure or sociological movement who is
nominated by the Central government. The Chairperson and members of the Commission
are directly nominated by the Central Government for a period of three years.

According to the NCW Act, all orders and decisions of the Commission shall be
authenticated by the Member Secretary or any other officer of the Commission duly
authorized by the Member secretary in this behalf. The Commission is empowered to
appoint such committees as may be necessary for dealing with such special issues as may be
taken up by the Commission from time to time. The Commission has the power to co-opt as
members of any such committee such number of persons as it thinks fit. These persons are
not members of the Commission, but have the right to attend the meetings of the
committee but do not have right to vote. The Commission has a Library and a Research Unit.
The Commission also constituted a Complaints Unit to look into complaints of women. To
this Unit a Counseling Cell was added in 1996.

ACTIONS

As the problem of violence against women is multifaceted, the NCW has adopted a multi-
pronged strategy to tackle the problem. The Commission has initiated generation of legal
awareness among women, thus equipping them with the knowledge of their legal rights and
with a capacity to use these rights. It assists women in redressal of their grievances through
pre-litigation services. To facilitate speedy delivery of justice to women Parivarik Mahila Lok
Adalats are organized in different parts of the country to review the existing provisions of
the Constitution and other laws affecting women and recommending amendments thereto,
any lacunae, inadequacies or shortcomings in such legislations. It organizes promotional
activities to mobilize women and get information about their status and recommend
paradigm shift in the empowerment of women. The Complaints and Counseling Cell of the
commission processes the complaints received oral, written or suo moto under Section 20
of the NCW Act. The complaints received relate to domestic violence, harassment, dowry,
torture, desertion, bigamy, rape, and refusal to register FIR, cruelty by husband, deprivation,
gender discrimination and sexual harassment at work place.

From time to time the Commission conducts seminars, workshops and conferences and
sponsors such events by providing financial assistance to research organizations and NGOs.
The important areas so far covered include women in detention, violence against women;
sexual harassment at work place; educational, health and employment aspects; women in
agriculture and panchayati raj sector; custodial justice and mental health institutions.

The NCW also constitutes Expert Committees for dealing with such special issues as may be
taken up by the Commission from time to time. Some important issues taken up by the
NCW include sexual harassment at workplace, women in detention, issues concerning
prostitution and political and technological empowerment of women in agriculture.
 The Commission undertakes visits to evaluate the progress of development of women in
various states. It has so far covered Tamil Nadu, Andhra Pradesh, Rajasthan, Uttar Pradesh,
Orissa, Sikkim, Madhya Pradesh, Assam, Tripura and Manipur. Women’s movement in the
country was brought to the forefront by the efforts of NGOs. The Commission interacts and
networks with NGOs and the State Commissions for ensuring gender equality and
empowerment of women. The Commission also interacts with the media, social activists and
academics to suggest ways of ensuring due representation of women in all spheres.

5 -Write a short note on National commission for Child.

NATIONAL COMMISSION FOR CHILD

The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007
under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament
(December 2005). India has ratified the United Nations Child Rights Convention in the year
1992 and this Act was passed as one of the necessary steps to protect the rights of the
children in the country. The Commission's Mandate is to ensure that all Laws, Policies,
Programmes, and Administrative Mechanisms are in consonance with the Child Rights
perspective as enshrined in the Constitution of India and also the UN Convention on the
Rights of the Child. The Child is defined as a person in the 0 to 18 years age group. The
Commission visualizes a rights-based perspective flowing into National Policies and
Programmes, along with nuanced responses at the State, District and Block levels, taking
care of specificities and strengths of each region. In order to touch every child, it seeks a
deeper penetration to communities and households and expects that the ground
experiences gathered at the field are taken into consideration by all the authorities at the
higher level. Thus the Commission sees an indispensable role for the State, sound
institution-building processes, respect for decentralization at the local bodies and
community level and larger societal concern for children and their well-being.

FUNCTIONS OF COMMISSION

 Examine any law or constitutional provisions to ensure that the safeguards of the law
protect child rights
 Provide the central government with recommendations to improve correct the safeguards
 Inquire into child rights violations
 Examine the risk factors for children affected by terrorism, communal violence, riots, natural
disasters, domestic violence, HIV/ AIDS, trafficking, maltreatment, torture and exploitation,
pornography, and prostitution and recommend appropriate remedial measures
 Look into the special care and protection of children from distress, marginalised and
disadvantaged backgrounds
 Study and ensure implementations of child rights treaties
 Conduct research in the field of child rights
 Create awareness through various mediums
 Inspect any children's home or observations homes where children have been detained
 Inspect any juveniles’ custodial home, or place of residence or institution for children, under
the control of the central government or any other authority, and take up with authorities
for remedial action.
 Inquire into complaints and take suo motu notice of matter relating to deprivation and
violation of child rights or non implementation of laws providing for protection and
development of children or non compliance of policy decisions, guidelines or instructions to
ensure welfare of the children.

The National/State Commission consists of seven members including a Chairperson and six
members, of which at least two need to be women. The Act provides for Children’s Courts
for speedy trial of offences against children or of violation of Child Rights.
The Act empowers the State Government to notify at least a court in the State or a Court of
Sessions in each district as a Children’s Court, with concurrence of the Chief Justice of the
concerned High Court. For every Child’s Court, the State Government is required to appoint
a Public Prosecutor or appoint an advocate who has been in practice for not less than seven
years as the Special Public Prosecutor.

6 -Write a short note on National Human Rights commission.

NATIONAL HUMAN RIGHTS COMMISSION

The National Human Rights Commission (NHRC) is an autonomous statutory body

established in 1993 according to the provisions of the Protection of Human Rights Act. The
Government of India did realize the need to establish an independent body for promotion
and protection of human rights. The establishment of an autonomous National Human
Rights Commission (Commission) by the Government of India reflects its commitment for
effective implementation of human rights provisions under national and international
instruments. The Commission is composed of a chairperson and six members. The
chairperson has to have been a chief justice of the Supreme Court. The Commission shall
consist of -

(a) A Chairperson who has been a Chief Justice of the Supreme Court;

(b) One Member who is, or has been a judge of the Supreme Court;

(c) One Member who is, or has been the Chief Justice of the High Court;

(d) Two members to be appointed from amongst persons having knowledge of, or practical
experience in, matters relating to human rights.

The Chairpersons of the National Commission for Minorities, the National Commission for
the Scheduled Castes and Scheduled Tribes and the National Commission for Women shall
be deemed to be Members of the Commission.

Distinctive Features of NHRC

• It is autonomous i.e. it has been created by an Act of Parliament.

• NHRC is committed to provide independent views on issues within the parlance of the
Constitution or in law for the time being enforced for the protection of human rights. The
Commission takes independent stand.

• NHRC has the powers of a civil court trying a suit under the Code of Civil Procedure, 1908
in respect of summoning and enforcing the attendance of witnesses; 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 and request of public record as listed under Section 13 of the Act
• Authority to grant interim relief

• Authority to recommend payment of compensation or damages

• Over seventy thousand complaints received every year reflects the credibility of the
Commission and the trust reposed in it by the citizens

• NHRC has a very wide mandate

• NHRC has unique mechanism with which it also monitors implementation of its various
recommendations.

The purpose of the NHRC is, suo moto or through the petition of a person, to investigate the
violation of human rights or the failures of the state or other to prevent a human rights
violation. The Commission can visit state institutions where people are detained such as jails
to examine the conditions of the institutions and make sure they are in compliance with
human rights provisions. They can also examine any law or constitutional provisions to
ensure that the safeguards of the law protect human rights. They are to advise the state on
measures to prevent terrorism and related violations as well as on how to effectively
implement provisions of human rights treaties. The commissions may also take on research
about human rights, create awareness campaigns through various mediums, and encourage
the work of NGOs.