Banaras Hindu University

Subject: - Human Rights Law & Practice

Topic: - Role of NHRC In administration of Criminal Justice

Submitted To:
Dr. Kabindra Singh

Brijwal

SUBMITTED BY: Himanshu Chaudhary

ENROLLMENT NO: 372209

EXAM ROLL NO: 14137LA050

FACULTY OF LAW, BHU, VARANASI

Date:-
2 |Human Right Law & Practice

Acknowledgement
It was a great pleasure for me to prepare a project in one of the most important topic of
the Human Rights & Practice, while dealing with the topic “Role of NHRC (National Human Right
Commission) in Administration of Criminal Justice”

I came across many points related to it and tried my best to express it in this project. This
project is mainly focus on Meaning, definition, power, function and role of the NHRC in
dealing with the administration of criminal justice. I have made special endeavors to
present the subject matter in the simple, systematic and lucid manner.

I am grateful to all those who helped me in writing the project, without their help, it was
not possible to complete this project. I am also grateful to Dr. Kabindra Singh Brijwal, for
giving me to prepare and present this topic.

Thank you

Himanshu Chaudhary
3 |Human Right Law & Practice

Contents
1. Introduction………………………………………………………………………………… 4 - 5

2. Meaning and definition of NHRC…………………………………………………. 6

3. Composition of NHRC…………………………………………………………………… 7

4. Function and power of NHRC………………………………………………………. 8 - 11

5. Criminal justice system & Human Rights……………………………………… 12 - 16

6. Role of NHRC in administration of criminal justice……………………….. 17 - 25

7. Conclusion…………………………………………………………………………………. 26

8. Bibliography………………………………………………………………………………. 27

I
4 |Human Right Law & Practice

1. Introduction
A human being is a living creature, and in the same manner, humanity is a living and
constantly evolving concept. They by virtue of their being human possess certain basic and
inalienable rights which are commonly known as human rights. On 10th Dec. 1948, UN
adopted the Universal Declaration of Human Rights and subsequently adopted two more
covenants (one on Economic, Social and Cultural Rights and Other on Civil and Political
Rights) on 16th Dec 1966 and they came into force on 3rd Jan 1976 and 23rd march 1976
respectively.

On 3rd March, 1978 heinous crime happened in Patna, the Patna police brutally lathi-
charged a demonstration of backward classes in front of the Assembly House. On 31 st
March 1978, police opened fire without warning in Raghunathpur Bazaar, Bhojpur District,
killing four persons on the spot. On July 13, 1991 in Pilibhit District of U.P. 10 Sikh pilgrims
were killed by U.P. police in false encounters. In the context of violence in Punjab, Jammu &
Kashmir, North-East and Andhra Pradesh, the pressure from the foreign countries and the
awareness among the people for protection of human rights led to the creation of a
National Human Rights Commission. All these factors made the government to decide and
to enact a law on human rights. The world conference on Human Right in 1993 realizing the
importance of such an institution or commission stated that, “the world conference on
Human Right urges Government to strengthen national structure, institutions and organs of
society which play a role in protecting and safeguarding Human Rights.”

On May 14th, 1992, the Human Right Commission Bill was introduced in the Lok Sabha and
the bill will refers to the standing Committee of the Parliament on Home Affairs. The
pressure from the foreign countries and the domestic front created and urgency for the
commission. On Sep 27th, 1993 the president of India promulgated and ordinance for the
creation of the National Commission on Human Rights (NCHR) and commissions a state
level. After certain amendments, the protection of Human Rights Bill was passed by both
the houses of the Parliament to replace the ordinance. On January 8th, 1994 the bill
became an Act after receiving the assent of the President, which is known as the Protection
of Human Right Act.

Sec 2(d) of the Act defined the expression human rights by stating that “human right means
the rights relating to life, liberty, equality and dignity of the individuals guaranteed by the
Constitution or embodied in the International Covenants and enforceable by courts in
India”. The above definition limits the scope of the functioning of NHRC and the act set up a
5 |Human Right Law & Practice

National Human Rights Commission and the state Human Rights Commission in the state
and the Human Rights Courts in the districts.
6 |Human Right Law & Practice

2. Meaning and definition of NHRC

The National Human Rights Commission (NHRC) of India is an autonomous public body
constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28
September 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993
(TPHRA). The NHRC is the National Human Rights Commission of India, responsible for the
protection and promotion of human rights, defined by the Act as "rights relating to life,
liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in
the International Covenants".

"Human Rights" means 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 courts in India. "Commission" means the National Human Rights
Commission constituted under section of All human beings are born free and equal in
dignity and rights known as Human rights, as commonly understood, are the rights that
every human being is entitled to enjoy freely irrespective of his religion, race, caste, sex and
nationality, etc. (Jagdish chand, 2007) In Declaration of Independence acknowledged the
fundamental human rights. Human right means different thing to different people. Human
Rights are not static, but are rather dynamic in nature. New rights are recognized and
enforced from time to time. Only persons fully conversant with the latest development
about the expanding horizons of Human Rights can promote their awareness better than
others. The fundamental rights that humans have by the fact of being human, and that are
neither created nor can be abrogated by any government. Supported by several
international conventions and treaties (such as the United Nation's Universal Declaration of
Human rights in 1948), these include cultural, economic, and political rights, such as right to
life, liberty, education and equality before law, and right of association, belief, free speech,
information, religion, movement, and nationality.
7 |Human Right Law & Practice

3. Composition of NHRC

Composition of NHRC is defined in section 3 of National Human Right

Commission Act, 1993. It states that NHRC is consist of :-
(1) The Central Government shall constitute a body to be known as the National Human
Rights Commission to exercise the powers conferred upon, and to perform the functions
assigned to it, under this Act.

(2) 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 a High Court;

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

(3) The Chairperson of the National Commission for Minorities, 1[the National Commission
for the Scheduled Castes, and the National Commission for the Scheduled Tribes] and the
National Commission for Women shall be deemed to be Members of the Commission for
the discharge of functions specified in clauses (b) to (j) of section 12.

(4) There shall be a Secretary-General who shall be the Chief Executive Officer of the
Commission and shall exercise such powers and discharge such functions of the
Commission 2[except judicial functions and the power to make regulations under section 40
B], as may be delegated to him by the Commission or the Chairperson as the case may be.

1. Subs. by Act 43 of 2006 for “The National Commission for the Scheduled Castes and Scheduled Tribes.”
2. Subs. by Act 43 of 2006 for “as it may delegate to him.”
8 |Human Right Law & Practice

4. Functions & Power of NHRC

Function of NHRC:-
Function of the NHRC is defined in section 12 of the NHRC Act, 1993. The Commission shall
perform all or any of the following functions, namely:-

(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf
[or on a direction or order of any court]2, into complaint of;

(i) violation of human rights or abetment thereof; or

(ii) negligence in the prevention of such violation, by a public servant;

(b) intervene in any proceeding involving any allegation of violation of human rights
pending before a court with the approval of such court;

(c)3 visit, notwithstanding 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;

(d) 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 recommend measures for their
effective implementation;

(e) review the factors, including acts of terrorism that inhibit the enjoyment of human
rights and recommend appropriate remedial measures;

(f) study treaties and other international instruments on human rights and make
recommendations for their effective implementation;

(g) undertake and promote research in the field of human rights;

(h) 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;

3.Inserted by Act 43 of 2006

4. Sub. by Act 43 of 2006
9 |Human Right Law & Practice

(i) encourage the efforts of non-governmental organizations and institutions working in the
field of human rights;

(j) such other functions as it may consider necessary for the protection of human rights

Power of NHRC:-
Power of NHRC is defined in section of 13 of NHRC Act, 1993. The act states that:-

(1) The Commission shall, while inquiring into complaints under this Act, have all the
powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in
particular in respect of the following matters, namely :

(a) summoning and enforcing the attendance of witnesses and examining them on oath;

(b) discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents;

(f) any other matter which may be prescribed.

(2) 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.

(3) 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 may 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.

(4) 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 228 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
10 |Human Right Law & Practice

provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate
having jurisdiction to try the same and the 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.

(5) Every proceeding before the Commission shall be deemed to be 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.

(6)4 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.

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

5. Inserted by Act 43 of 2006

11 |Human Right Law & Practice

5. Criminal justice system & Human Rights

Criminal justice System of any country is the basis of establishing, Peace and tranquility,
includes not only the judicial system but investigating machinery also. To tame the over
flooding of crimes a strong criminal justice system is required. Administration of justice
through the instrumentality of law is an essential component of governance. Rule of law is
the bedrock of democracy, which is acknowledged as the best system of governance to
ensure respect for human rights. The dignity and worth of the individual being at the core
of a democracy, constitutional governance in a democratic set up is the safest guarantee for
the protection of human rights and assurance of human resource development. Equal
respect for the rights of all sections of the society is necessary to obtain full human
resource development respecting the basic human right of non-discrimination. The concept
of inclusive democracy recognizes this aspect.

The Criminal Justice System has the power to control crime, prevent crime and punish the
criminals. Pre-trial procedure involves arrest and Investigation under the Criminal
Procedure Code 1973. Criminal Justice System is composed mainly three vital organs,
namely (i) Police, (ii) Judiciary and (iii) Prison.
Arrest means physical restraint put on a person as a result of allegation of accusation that
he has committed a crime or an offence of quasi-criminal nature5. Sec.41 (1) of the criminal
procedure code confined only to the power to arrest and extends to both cognizable and
non-cognizable offences; without the order of a competent magistrate under S.155 (2) of
Cr.P.C6.

The Code of Criminal Procedure contemplates two types of arrests.

(i) Arrest made in pursuance of a warrant issued by a magistrate; and

(ii) Arrest made without such warrant but made in accordance with some legal provision
permitting such arrest. Sec. 46 of Cr.P.C. explains how arrest could be made. Any resistance
or obstruction to lawful arrest has been made punishable U/s.224, 225, 225-B of IPC.
Art.22(1) of the Indian Constitution- No person arrested shall be denied right to consult and
to be defended by a legal practioner of his choice. Sec. 303 of Cr.P.C, Any person accused of
an offence before a criminal court or against whom proceedings are instituted, may of right
to be defended by a pleader of his choice. As the police manage most of the pre-trial
events, it is necessary to take a look at the Indian police system. The Dispatch of the Court

6. State of Punjab v Ajaib Singh, AIR 1953,SC 10

7. Avinash v. State of Maharashtra (1983) Cr.L.J 1833 (para 9) Bombay
12 |Human Right Law & Practice

of Directors, dated September 24, 1856, gave a candid account of the working of the
system: That the police in India have lamentably failed in accomplishing the ends for which
it was established is a notorious fact, that it is all but useless for the prevention, and sadly
inefficient for the detection of crime, is generally admitted. Unable to check crime, it is,
with rare exceptions, unscrupulous as to its mode of wielding the authority with which it is
armed for the functions which it fails to fulfil and has a very general character for
corruption and oppression7.

In D. K. Basu vs. State of West Bengal.,8 The Apex court laid down 11, guidelines to be
followed by police:

(i) The police personnel carrying out the arrest and handling the interrogation of the
arrestee should bear accurate, visible and clear identification and name togs with their
designations. The particulars of all such police personnel who handle interrogation of the
arrestee must be recorded in a register.

(ii).Preparation of memo of arrest with the witness of a family member or local person;

(iii).Right of the arrestee to have his relative or friend informed of arrest as soon as
practicable;

(iv).The details of arrest to be informed within 8 to 12 hours if the relative or friend of the
arrestee lives outside the district or town of arrest;

(v).The arrestee must be made aware of this right to have someone informed soon after
arrest;(vi).Entry in the police diary about arrest and transmission of information to next
friend or relative;

(vii).In case arrestee requests for examination of his bodily injuries at the time of arrest, the
request to be complied with;

(viii).Subjection of the arrestee to medical examination by a trained doctor every 48 hours

during custodial detention;

(ix).Copies of documents to be submitted to magistrate;

(x).The arrestee may be permitted to meet his lawyer during interrogation, though not
throughout the interrogation;

8. Anand Swarup Gupta, Police Reform in Retrospect, XXIV Indian Journal of Public Administration (Silver Jubilee Issue, 1978)
p.59
9. (1997) 1 SCC 416: 1997 SCC (Cri) 92: AIR 1997 SC 610
13 |Human Right Law & Practice

(xi).Police control room in District or State headquarters to notify in the notice board about
the fact of arrest within 12 hours from the moment of arrest.

The protection of human rights through the criminal justice delivery system is an
indispensable feature of any system governed by the rule of law. the protection of human
rights have been acknowledged to varying extents across time, but since the Second World
War, the universality of human rights has been recognized by the United Nations as
inherent in the very nature of human beings ‘a reflection of their common humanity.

The Constitution of India, in its Part III, guarantees a set of Fundamental Rights to citizens. A
few of these rights are also available to the accused, a suspect as well as an under trial.
These rights are guaranteed under Articles 14, 19, 20, 21 and 22. Prisoners are also entitled
to the benefits of Articles 32 and 226 of the Constitution.

In addition to the fundamental rights, the accused, suspects and under trail prisoners enjoy
certain other legal rights provided under the Indian Penal Code, 1860 (IPC); the Criminal
Procedure Code, 1973(Cr.P.C); and the Indian Evidence Act, 1872 (IEA).

The Supreme Court of India and High Courts have not only played a vital role in attaching
constitutional significance to these rights but, through humane judicial interpretation and
acumen, also expanded their contents.
An attempt is made to highlight briefly a few prominent rights of the accused, a suspect, an
under trial and to offer some suggestions to ensure their promotion and protection.

Rights of the Accused9 :

1.Right to Life
2.Right to Speedy Trial
3.Right to Counsel
4.Right to Free Legal Aid
5.Right to Fair Trial
6.Right against Double Jeopardy
7.Right against Self-incrimination
8.Right against Third-Degree Methods
9. Right to Fair Treatment

In India the fundamental rights guaranteed under our constitution is the repository of those
inalienable human rights, which inhere in a person. The words ‘life’ and ‘liberty’ appearing
in Article 21 has been construed by the Hon’ble Supreme Court of India in an open all

10. Shivraj B.Nakade. Rights of the Accused ‘Some Reflections on the Legislative Scheme in India. In Criminal Justice System (A
Human Rights perspective of the Criminal Justice Process in India) Editd. Dr.K.I.Vibhute. Eastern Book Company, Lucknow,
2004.pp.129
14 |Human Right Law & Practice

encompassing way that it has now matured to an extent not seen in their mind’s eye by the
fathers of the Constitution or by the Judges who gave it an initial lustre. In Maneka
Gandhi’s case10, the Hon’ble Supreme Court, held that the Article is a recognition and
declaration of rights, which inhere in every individual. It was a major departure from the
narrow interpretation of Article in A. K. Gopalan’s Case11.This remarkable expansion of
Article 21 paved way for the resurrection of many non-justifiable Directive Principles as
enforceable fundamental rights. The word ‘deprived’ used in Article was supposed to
impose upon the State the negative duty not to interfere with the life or liberty of an
individual without the sanction of law. With the magic wand of judicial activism, Judges
imposed a positive obligation upon the State to initiate steps for ensuring to the individual
a better enjoyment of his life and dignity. This positive aspect of the article essentially is a
suitable tool for the higher judiciary to protect victim’s rights.
The past three decades saw many judgments by the higher judiciary invoking Article 21 to
protect the right of the accused in criminal proceedings. Prisoners’ right of speedy
disposal12, handcuffing of prisoners13, delay in execution of death sentence14, right to open
fair trial15, are few of the countless number of instances when the Apex court came to the
aid of the accused to guard their rights. Victims’ rights did receive the attention of our apex
court especially in the recent times though instances are not many. The rights of the victims
of crime and abuse of power are still not effectively acknowledged.

Criminal Justice is one of the critical areas of human rights where the legal system is tested
on a continuous basis for preservation of peace and security in society on the one hand,
and prevention of human dignity of both victims of crime and person accused of it, on the
other. Besides the conceptual laws and practice of the criminal justice, the paper intends to
cover, the human right perspective of criminal justice administration. The rights intended
to be cared and safeguarded towards accused and the detenu in various homes and
rehabilitation centers and the judicial attitude towards sentencing of the convicts has been
given the human rights focus.

11. AIR 1978 SC 597

12. AIR 1950 SCR 88
13. Raghbir Singh v. State of Bihar 1987 SC 149;Ramdas v.State of Bihar 1987 SC 1333;A.R.Antulay v. R.S.Nayak 1992 SC 1701
14. Altemesh v. Union of India, 1988 SC.1765
15. Triveniben v.State of Gujarat 1989 SC 1335
16. Kehar Singh v. State 1988 SC.1883
15 |Human Right Law & Practice

6. Role of NHRC in administration of criminal justice

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.

The Hon’ble Supreme Court in the case of - Neelbati Behra v. State of Orissa,16 observed
and ordered as under:

a) The commission has taken a consistent stand that the obligation of the State to ensure
safety of persons while in its custody is strict and absolute and admits no exception. The
infeasible Right to Life of every citizen, including convicts, prisoners or under trials cannot
be taken away except in accordance with the procedure established by law, while the
citizen is in the custody of the State.

17. AIR 1993, SCC 746

16 |Human Right Law & Practice

b) It is now an established law that the failure of the State to take all possible steps to
protect the life of the citizens while in its custody makes the state vicariously liable for its
action or omission.

c) “Immediate interim relief” envisaged in section 18(3) of the Act has to be correlated to
the injury or loss which the victim or members of his family have suffered owing to the
violation of Human Rights by public servants.

A meaningful and harmonious construction of this clause would leave no doubt that the
Commission is entitled to invoke its benevolent sweep on prima-facie view of the matter
irrespective of whether there is any litigation- civil or criminal relating to the matter.

d) The idea of immediate interim relief does not therefore, presuppose the establishment
of criminal liability of the offender in a court of law as a precondition for the grant of the
relief nor does it depend on whether any civil litigation is either pending or prospective.

2. Torture –
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 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
policeman were charge-sheeted but none was convicted during that year.

The Supreme Court in case of Raghubir Singh v. State of Haryana,17 emphasized the need
to organize special strategies “to prevent and punish brutality of police methodology
otherwise the credibility of rule of law would deteriorate”.

Third degree methods of torture and custodial deaths have become an intrinsic part of the
police investigation. In fact section 23 of the Indian Police Act, 1861 envisages the duties of
police officer which should be carried out and enforced with purity, vigilance and
discretion. The word torture today has become synonymous with the darker side of human

18. AIR 1987 SC 149

17 |Human Right Law & Practice

civilization and custodial violence including torture and death in the lock-up strikes a blow
at the rule of law.

The court noticed that these directives would help curb, if not totally eliminate, the use of
questionable methods during interrogational an investigation leading to custodial violence.

3. Death in judicial custody –

When the death of the deceased takes place in the police custody, Commission issues a
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 under trial 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 under trial prisoner, Tachi Kaki: Arunachal Pradesh.

Custodial death of under trial prisoner, Harjinder, due to negligence: Uttar radish.

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.

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.
18 |Human Right Law & Practice

(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.

5. Illegal detention and torture-

Illegal Detention and Torture in Police Station, Shikarpur: Uttar Pradesh
(CaseNo.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.
19 |Human Right Law & Practice

Safegaurd available against the illegal Arrest and Detention

The constitution contains some minimum procedural requirements which must be
complied by 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 offences. Therefore, it does not apply when arrest is made under civil
matters. Article 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. Violation of rights of SC/ST-

The National Human Rights Commission is expanding in the field of violation of rights of the
Scheduled Castes and the Scheduled Tribes.

In case- Death of workers in silicon factories of Madhya Pradesh:

The report indicated that there were 134 slate factories which were set up in Mandsaur
District of Madhya Pradesh. The health of the majority of the workers employed in these
factories was affected due to inhalation of silicon dust. The Government had taken steps to
provide medical facilities and ensure that all these workers were covered under the
Employees State Insurance (ESI) scheme. The district administration had advised owners of
these factories to install BHEL machinery to minimise dust particles. However, many of the
owners of these factories were unable to meet the cost of the sophisticated machinery; this
resulted in the spread of silicosis dust and affected the workers’ health.

Having regard to the provisions of the Indian Constitution as well as to the International
Human Rights instruments with regard to the right to life, the Commission gave the
following directions to the State for compliance in future:-

1. To ensure the establishing of BHEL machinery in the factories to prevent dust pollution
and to ensure that pollution free air is provided to workers.

2. Periodic inspection, on a monthly basis, by the Labour Department and reports made to
the State Human Rights Commission for monitoring.
20 |Human Right Law & Practice

3. Widows and children of deceased workers to be taken care of by the factory owner by
providing assistance.

4. To ensure that child labour is prevented by the following methods:

(a) Establishing schools at the cost of factory owners, with assistance from the State for the
education of workers’ children.

(b) The provision of periodic payments for their education and insurance coverage at the
cost of factory owners.

(c) The position of mid-day meals and clothing to dependent children or children of
deceased workers.

In examining this matter, the Commission observed that the Right to Health and Medical
Care is a fundamental right under Article 21, read with Articles 39(e), 41 and 43 of the
Constitution. The Right to Life includes protection of the health and strength of workers and
is a minimum requirement to enable a person to live with human dignity. The Universal
Declaration of Human Rights as well as other International Instruments also speak of this
right. Continuous exposure to the corroding effect of silicon dust can result in the silent
killing of those who work in such an environment. The duty of the State, under the Directive
Principles of the Constitution, is to ensure the protection of the health of workers
employed in such Slate factories in Mandsaur and elsewhere in the State.

Atrocities on Scheduled Castes/Scheduled Tribes – killing of five Dalits: Haryana (Cases

No.1485/7/2002-2003)

The Commission took suo motu cognizance of a newspaper report entitled “five dalits
lynched in Haryana” published in The Indian Express of 17 October 2002. The report stated
that five dalits, all in their twenties, were beaten to death on 15 October 2002 in Jhajjar
District, Haryana and that two of them had been torched.

The victims were reported to have been dragged by a mob out of a police post where they
had taken refuge and lynched in the presence of the City Magistrate, the Deputy
Superintendent of Police of Jhajjar and Bahadurgarh, the Block Development Officer and at
least 50 Policemen.

7. 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.
21 |Human Right Law & Practice

Rights of Juveniles:
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 newspaper within two weeks.

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

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.
22 |Human Right Law & Practice

7. Conclusion
So, at last I conclude that after going through the whole study in this segment we find that
the structure of the commission shows, it is a fully independent body and based on two
conceptual pillars, i.e., autonomy and transparency. From the establishment of the NHRC, it
played very important role to protect the Human Rights in the functions of Criminal
Administration of Justice. After going through the cases decided by the NHRC mentioned in
this segment we find that the commission many times took action on the various
complaints by the affected person, on the information received from the state mechanism,
took action on the demand of NGO’s, conduct investigation on the direction of the Supreme
Court and many a times took suo moto action on the News published in the various
Newspapers.
Therefore being a recommendatory and investigatory body, the recommendation of the
commission are of great importance to the Government in order to make up its mind as to
what legislative or administrative measures should be adopted to eradicate the evil found
or to implement the beneficial object it has in view.

The creation of NHRC in India can be an important mechanism to strengthen Human Rights
protection but can never replace nor should it in any way diminish the safeguards inherent
in comprehensive and effective legal structure enforced by an independent, impartial and
accessible judiciary.
23 |Human Right Law & Practice

8. Bibliography
BOOKS
B. Shivarao: The Framing of India’s Constitution Universal law publishing 2012.

Kapoor S.K: International law and human rights (15thEd) Allahabad, Central Law Agency,
2010.

Dr. Tripathi P.K: The book Jurisprudence (legal theory) (21stEd) Faridabad, Allahabad law
Agency, 2012.

Dr. Agarawal H.O: Human Rights (13thEd) Allahabad Central law agency, 2011.

Reports/Articles
NHRC Annual Report 2010. Cr L.J March 1990, Vol. 96 p.28

Acts/Statues/Manuals
Universal Declaration of Human Rights 1948

The Protection of Human Right Act, 1993

The Indian Police Act, 1861

The Code of Criminal Procedure Act 1973

The Indian Penal Code, 1860

The Indian Evidence Act, 1872

Internet Website
www.nhrc.ac.in

www.articlebase.com

www.indiankanoonkhoj.org