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The Protection of Human Rights Act One Liner Notes
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THE PROTECTION OF HUMAN RIGHTS ACT, 1993 | |
| What is the long title and object of the Protection of Human Rights Act, 1993? | It is an Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto. |
| What is the Act number and date of enactment of the Protection of Human Rights Act, 1993? | Act No. 10 of 1994, assented to on 8th January, 1994. |
| In which year of the Republic of India was the Protection of Human Rights Act enacted? | In the Forty-fourth Year of the Republic of India. |
| Which institutional mechanisms are envisaged under the long title of the Act? | A National Human Rights Commission, State Human Rights Commissions and Human Rights Courts. |
| CHAPTER-I | |
| PRELIMINARY | |
| What is the short title of the Act as provided under Section 1(1)? | The Protection of Human Rights Act, 1993 |
| To what territorial extent does the Act apply under Section 1(2)? | It extends to the whole of India |
| Under Section 1(3), from which date is the Act deemed to have come into force? | 28th September, 1993 |
| What does Section 2 of the Protection of Human Rights Act, 1993 deal with? | It provides definitions of key expressions used in the Act, subject to contextual interpretation |
| How is “armed forces” defined under Section 2(1)(a)? | It includes the naval, military and air forces and any other armed forces of the Union |
| What is meant by “Chairperson” under Section 2(1)(b)? | The Chairperson of the National Commission or the State Commission, as the case may be |
| Who is the “Chief Commissioner” under Section 2(1)(ba)? | The Chief Commissioner for Persons with Disabilities referred to in Section 74(1) of the Rights of Persons with Disabilities Act, 2016 |
| How is “Commission” defined under Section 2(1)(c)? | The National Human Rights Commission constituted under Section 3 |
| What is the statutory meaning of “Human Rights” under Section 2(1)(d)? | Rights relating to life, liberty, equality and dignity guaranteed by the Constitution or embodied in International Covenants and enforceable by courts in India |
| What does the term “Human Rights Court” denote under Section 2(1)(e)? | A Court specified under Section 30 to try offences arising out of violation of human rights |
| What is included within “International Covenants” under Section 2(1)(f)? | The ICCPR and ICESCR adopted on 16 December 1966 and any other Covenant or Convention adopted by the UN General Assembly as specified by the Central Government by notification |
| Who is included in the term “Member” under Section 2(1)(g)? | A Member of the National Commission or the State Commission |
| What is meant by “National Commission for Backward Classes” under Section 2(1)(ga)? | The Commission constituted under Section 3 of the National Commission for Backward Classes Act, 1993 |
| How is the “National Commission for Minorities” defined under Section 2(1)(h)? | The Commission constituted under Section 3 of the National Commission for Minorities Act, 1992 |
| How is the “National Commission for Protection of Child Rights” defined under Section 2(1)(ha)? | The Commission constituted under Section 3 of the Commissions for Protection of Child Rights Act, 2005 |
| How are the National Commission for the Scheduled Castes and the National Commission for the Scheduled Tribes defined under Section 2(1)(i) and (ia)? | They are the Commissions referred to in Articles 338 and 338A of the Constitution respectively |
| How is the “National Commission for Women” defined under Section 2(1)(j)? | The Commission constituted under Section 3 of the National Commission for Women Act, 1990 |
| What is meant by “notification” and “prescribed” under Section 2(1)(k) and (l)? | “Notification” means a notification published in the Official Gazette, and “prescribed” means prescribed by rules made under the Act |
| How is “public servant” defined under Section 2(1)(m)? | It carries the meaning assigned under Section 21 of the Indian Penal Code, 1860 |
| What is meant by “State Commission” under Section 2(1)(n)? | A State Human Rights Commission constituted under Section 21 |
| How are references to laws not in force in the State of Jammu and Kashmir to be construed under Section 2(2)? | They shall be construed as references to corresponding laws, if any, in force in that State |
| What modification has been made to Section 2 of the Protection of Human Rights Act, 1993 in its application to the Union Territory of Ladakh? | Sub-section (2) of Section 2 has been omitted in its application to the Union Territory of Ladakh |
| By which legal instrument was sub-section (2) of Section 2 omitted for Ladakh? | By the Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020 |
| What is the effect of omitting Section 2(2) in its application to Ladakh? | The provision relating to construction of references to laws not in force in the State of Jammu and Kashmir no longer applies to Ladakh |
| CHAPTER-II | |
| THE NATIONAL HUMAN RIGHTS COMMISSION | |
| Which authority is mandated under Section 3(1) to constitute the National Human Rights Commission? | The Central Government |
| Is the constitution of the National Human Rights Commission discretionary for the Central Government? | No |
| For what purpose is the National Human Rights Commission constituted under Section 3(1)? | To exercise the powers conferred and perform the functions assigned under the Act |
| What is the mandatory designation of the body constituted under Section 3(1)? | National Human Rights Commission |
| How many core Members constitute the Commission under Section 3(2), excluding deemed Members? | Five |
| What is the required judicial qualification for appointment as Chairperson under Section 3(2)(a)? | Must have been a Chief Justice of the Supreme Court or a judge of supreme court. |
| What judicial status must the Member under Section 3(2)(b) possess? | Is or has been a Judge of the Supreme Court |
| What judicial qualification is prescribed for the Member under Section 3(2)(c)? | Is or has been the Chief Justice of a High Court |
| What change has been introduced in the composition of the National Human Rights Commission under Section 3(2)(d) of the Protection of Human Rights Act, 1993? | Three Members are to be appointed from persons having knowledge of or practical experience in human rights, and at least one of them must be a woman |
| Which authorities are deemed to be Members of the Commission under Section 3(3) for specified functions? | The Chairpersons of the National Commission for Backward Classes, National Commission for Minorities, National Commission for Protection of Child Rights, National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women, and the Chief Commissioner for Persons with Disabilities |
| For what purpose are these authorities deemed Members under Section 3(3)? | For discharge of the functions specified in clauses (b) to (j) of Section 12 |
| Who is the Chief Executive Officer of the Commission under Section 3(4)? | The Secretary-General |
| What powers are exercised by the Secretary-General under Section 3(4)? | Administrative and financial powers subject to the control of the Chairperson, except judicial functions and the power to make regulations under Section 40B |
| Where is the headquarters of the Commission located under Section 3(5)? | At Delhi |
| Can the Commission establish offices outside Delhi under Section 3(5)? | Yes, with the previous approval of the Central Government |
| What is the scope of Section 4 of the Protection of Human Rights Act, 1993? | Appointment of the Chairperson and other Members of the National Human Rights Commission |
| By whom are the Chairperson and Members appointed under Section 4(1)? | The President of India |
| In what formal manner is the appointment made under Section 4(1)? | By warrant under the hand and seal of the President |
| What is the mandatory pre-condition for appointment under Section 4(1)? | Recommendation of the Selection Committee |
| Who heads the Selection Committee under the first proviso to Section 4(1)? | The Prime Minister |
| Is the Speaker of the House of the People a member of the Selection Committee? | Yes |
| Is the Union Home Minister a member of the Selection Committee? | Yes |
| Is the Leader of the Opposition in the House of the People included in the Selection Committee? | Yes |
| Is the Leader of the Opposition in the Council of States included in the Selection Committee? | Yes |
| Is the Deputy Chairman of the Council of States a member of the Selection Committee? | Yes |
| Is consultation with the Chief Justice of India mandatory in certain appointments under the second proviso to Section 4(1)? | Yes |
| In which cases is consultation with the Chief Justice of India mandatory under Section 4(1)? | When appointing a sitting Judge of the Supreme Court or a sitting Chief Justice of a High Court |
| Can a sitting Judge of the Supreme Court be appointed without consulting the Chief Justice of India? | No |
| Can a sitting Chief Justice of a High Court be appointed without consulting the Chief Justice of India? | No |
| Does Section 4(2) protect appointments from being invalidated due to vacancy in the Selection Committee? | Yes |
| Is an appointment rendered void solely because of a vacancy in the Selection Committee? | No |
| Does Section 4 establish a consultative but vacancy-proof appointment mechanism? | Yes |
| What does Section 5 of the Protection of Human Rights Act, 1993 deal with? | It provides for resignation and removal of the Chairperson and Members of the National Human Rights Commission. |
| How can the Chairperson or a Member resign under Section 5(1)? | By giving a written notice under his hand addressed to the President of India |
| What is the ordinary procedure for removal under Section 5(2)? | The President may remove the Chairperson or a Member on the ground of proved misbehaviour or incapacity only after the Supreme Court, on Presidential reference and inquiry conducted as per its prescribed procedure, reports that such person ought to be removed |
| What is the role of the Supreme Court in removal proceedings under Section 5(2)? | It conducts an inquiry on reference by the President and reports whether removal is warranted on the ground of proved misbehaviour or incapacity |
| In which cases can the President remove the Chairperson or a Member without following the Supreme Court inquiry mechanism under Section 5(3)? | When the person is adjudged insolvent, engages in paid employment outside official duties during tenure, is unfit due to infirmity of mind or body, is declared of unsound mind by a competent court, or is convicted and sentenced to imprisonment for an offence involving moral turpitude in the opinion of the President |
| What does Section 6 of the Protection of Human Rights Act, 1993 provide for? | It prescribes the term of office, re-appointment conditions, age limit, and post-tenure employment restrictions for the Chairperson and Members. |
| What is the tenure of the Chairperson under Section 6(1)? | Three years from the date of entering office or until attaining the age of seventy years, whichever is earlier. |
| What is the tenure and re-appointment rule applicable to a Member under Section 6(2)? | A Member holds office for three years from the date of entering office and is eligible for re-appointment for one further term of three years, subject to the age limit |
| What is the maximum age limit applicable to a Member under the proviso to Section 6(2)? | No Member shall hold office after attaining the age of seventy years |
| What restriction is imposed under Section 6(3) after a Chairperson or Member demits office? | They become ineligible for further employment under the Government of India or any State Government |
| What does Section 7 of the Protection of Human Rights Act, 1993 provide for? | It provides for member to act as Chairperson or to discharge his functions in certain circumstances. |
| In what circumstances can a Member be authorised to act as Chairperson under Section 7(1)? | When a vacancy arises in the office of the Chairperson due to death, resignation or otherwise, pending appointment of a new Chairperson |
| Who is empowered to authorise a Member to act as Chairperson under Section 7(1)? | The President, by notification |
| What is the nature of the arrangement made under Section 7(1)? | It is a temporary arrangement operative until a new Chairperson is appointed |
| Under what situation does Section 7(2) permit a Member to discharge the functions of the Chairperson? | When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise |
| How is a Member authorised to discharge the Chairperson’s functions under Section 7(2)? | By notification issued by the President |
| For how long does a Member discharge the functions under Section 7(2)? | Until the Chairperson resumes his duties |
| What does Section 8 of the Protection of Human Rights Act, 1993 regulate? | It governs the salaries, allowances and other terms and conditions of service of the Chairperson and Members |
| How are the salaries, allowances and service conditions of the Chairperson and Members determined under Section 8? | They are to be prescribed by rules made under the Act |
| What limitation does the proviso to Section 8 impose on service conditions after appointment? | The salary, allowances and other terms and conditions of service cannot be varied to the disadvantage of the Chairperson or a Member after appointment |
| What does Section 9 of the Protection of Human Rights Act, 1993 provide for? | It safeguards the validity of acts and proceedings of the Commission despite vacancies or defects in its constitution |
| On what grounds are the proceedings of the Commission protected from being invalidated under Section 9? | Mere existence of any vacancy or defect in the constitution of the Commission |
| Does Section 9 cure substantive illegality in decisions of the Commission? | No, it protects proceedings only from challenge on the ground of vacancy or defect in constitution |
| What does Section 9 of the Protection of Human Rights Act, 1993 provide for? | It safeguards the validity of acts and proceedings of the Commission despite vacancies or defects in its constitution |
| On what grounds are the proceedings of the Commission protected from being invalidated under Section 9? | Mere existence of any vacancy or defect in the constitution of the Commission |
| Does Section 9 cure substantive illegality in decisions of the Commission? | No, it protects proceedings only from challenge on the ground of vacancy or defect in constitution |
| What does Section 10 of the Protection of Human Rights Act, 1993 regulate? | It regulates the meetings, procedural autonomy, and authentication of orders and decisions of the Commission |
| Who determines the time and place of meetings of the Commission under Section 10(1)? | The Chairperson determines the time and place of meetings |
| What procedural autonomy is granted to the Commission under Section 10(2)? | Subject to the Act and the rules made thereunder, the Commission may frame regulations to lay down its own procedure |
| How are the orders and decisions of the Commission authenticated under Section 10(3)? | They are authenticated by the Secretary-General or any other officer duly authorised by the Chairperson |
| What does Section 11 of the Protection of Human Rights Act, 1993 provide for? | It provides for the officers and staff of the Commission, including those to be made available by the Central Government and those to be appointed by the Commission |
| What officers and staff is the Central Government required to make available to the Commission under Section 11(1)? | An officer of the rank of Secretary to the Government of India as Secretary-General, and police and investigative staff under an officer not below the rank of Director General of Police along with necessary officers and staff for efficient performance of functions |
| What power is conferred upon the Commission under Section 11(2)? | Subject to rules made by the Central Government, the Commission may appoint necessary administrative, technical and scientific staff |
| How are the salaries and service conditions of staff appointed under Section 11(2) determined? | They are to be prescribed by rules |
| CHAPTER-III | |
| FUNCTIONS AND POWERS OF THE COMMISSION | |
| What does Section 12 of the Protection of Human Rights Act, 1993 enumerate? | It enumerates the statutory functions of the National Human Rights Commission |
| What is the scope of the Commission’s inquiry power under Section 12(a)? | It may inquire suo motu, on a petition by a victim or any person on his behalf, or on direction or order of any court into complaints of violation or abetment of human rights, or negligence by a public servant in preventing such violation |
| What power of intervention is conferred upon the Commission under Section 12(b)? | It may intervene in proceedings involving allegations of human rights violation pending before a court with the approval of that court |
| What inspection power is granted to the Commission under Section 12(c)? | Notwithstanding any other law, it may visit jails or State-controlled institutions where persons are detained for treatment, reformation or protection to study living conditions and make recommendations to the Government |
| What review function is assigned to the Commission under Section 12(d)? | It may review constitutional and statutory safeguards for protection of human rights and recommend measures for their effective implementation |
| What is the Commission empowered to examine under Section 12(e) regarding external factors? | It may review factors, including acts of terrorism, that inhibit enjoyment of human rights and recommend remedial measures |
| What international role is conferred upon the Commission under Section 12(f)? | It may study treaties and other international human rights instruments and recommend their effective implementation |
| What research and promotional role is envisaged under Section 12(g) and (h)? | The Commission may undertake and promote research and spread human rights literacy and awareness through publications, media, seminars and other means |
| How does Section 12 recognise the role of civil society? | It empowers the Commission to encourage efforts of non-governmental organisations and institutions working in the field of human rights |
| What residuary authority is granted to the Commission under Section 12(j)? | It may perform such other functions as it considers necessary for the promotion of human rights |
| What does Section 13 of the Protection of Human Rights Act, 1993 provide for? | It confers civil court powers upon the Commission during inquiries and grants ancillary powers to obtain information and conduct searches relevant to the subject matter of inquiry |
| What is the extent of civil court powers vested in the Commission under Section 13(1)? | While inquiring into complaints, it has all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, including summoning and examining witnesses on oath, discovery and production of documents, receiving affidavit evidence, requisitioning public records, issuing commissions, and other prescribed matters |
| What obligation does Section 13(2) impose upon persons during an inquiry? | Any person, subject to legally claimable privilege, may be required to furnish information relevant to the inquiry and is deemed legally bound to do so within the meaning of Sections 176 and 177 of the Indian Penal Code |
| What search and seizure powers are granted under Section 13(3)? | The Commission or a specially authorised officer not below the rank of Gazetted Officer may enter premises where relevant documents are believed to be located, seize such documents or take copies, subject to Section 100 of the Code of Criminal Procedure, 1973 |
| What additional procedural status and powers are conferred upon the Commission under Section 13(4) and (5)? | The Commission is deemed to be a civil court and may, when offences under Sections 175, 178, 179, 180 or 228 IPC are committed in its view or presence, record the facts and statement of the accused and forward the case to a competent Magistrate, who shall proceed as if the case were forwarded under Section 346 CrPC; further, every proceeding before the Commission is deemed a judicial proceeding for the purposes of Sections 193, 228 and 196 IPC, and the Commission is deemed a civil court for purposes of Section 195 and Chapter XXVI CrPC |
| What power of transfer of complaints is vested in the Commission under Section 13(6)? | If necessary or expedient, the Commission may transfer a complaint filed or pending before it to the State Commission of the concerned State, provided that the State Commission has jurisdiction to entertain it |
| How is a complaint dealt with after transfer under Section 13(7)? | The State Commission disposes of it as if it had been originally filed before that State Commission |
| What does Section 14 of the Protection of Human Rights Act, 1993 deal with? | It deals with the manner in which the Commission may conduct investigation through government officers or agencies and the extent of its supervisory control over such investigation |
| Under Section 14(1), how can the Commission secure assistance for investigation? | It may utilise officers or investigation agencies of the Central or State Government, but only with the concurrence of the concerned Government |
| What powers are available to an officer or agency conducting investigation under Section 14(2)? | Subject to the Commission’s direction and control, they may summon and examine persons, compel production of documents, and requisition public records |
| What is the status of statements made before such investigating officers under Section 14(3)? | They are treated in the same manner as statements made before the Commission, by virtue of the application of Section 15 |
| What duty is imposed on the investigating officer or agency under Section 14(4)? | They must submit their investigation report to the Commission within the time specified by it |
| What authority does the Commission retain after receiving the investigation report under Section 14(5)? | It must independently satisfy itself about the correctness of the findings and may conduct further inquiry, including examining the investigating officers |
| What does Section 15 of the Protection of Human Rights Act, 1993 provide for? | It grants protection to statements made before the Commission by restricting their use in subsequent civil or criminal proceedings |
| What protection is afforded to a person making a statement before the Commission under Section 15? | Such statement cannot subject him to, or be used against him in, any civil or criminal proceeding except in a prosecution for giving false evidence |
| Under what conditions does the protection under Section 15 apply? | The statement must either be made in reply to a question which the Commission requires him to answer or be relevant to the subject matter of the inquiry |
| Does Section 15 grant absolute immunity for statements made before the Commission? | No, it does not protect a person from prosecution for giving false evidence based on such statement |
| What principle is embodied in Section 16 of the Protection of Human Rights Act, 1993? | It incorporates the rule of audi alteram partem by requiring the Commission to hear a person whose conduct is under inquiry or whose reputation is likely to be prejudicially affected |
| In what circumstances does Section 16 mandate an opportunity of hearing? | When the Commission considers it necessary to inquire into the conduct of a person or forms an opinion that the inquiry may prejudicially affect his reputation |
| What procedural rights are guaranteed to such a person under Section 16? | A reasonable opportunity of being heard and to produce evidence in his defence |
| What limitation is placed by the proviso to Section 16? | The requirement of hearing does not apply where only the credit of a witness is being impeached |
| CHAPTER-IV | |
| PROCEDURE | |
| What does Section 17 of the Protection of Human Rights Act, 1993 provide for? | It lays down the procedure to be followed by the Commission while inquiring into complaints of human rights violations |
| What power is conferred upon the Commission under clause (i) of Section 17? | It may call for information or a report from the Central Government, State Government, or any subordinate authority or organisation within the time specified by it |
| What options are available to the Commission if the report is not received within the stipulated time under Section 17(i)(a)? | It may proceed to inquire into the complaint on its own |
| What discretion does the Commission have upon receipt of the report under Section 17(i)(b)? | If satisfied that no further inquiry is required or that appropriate action has already been initiated or taken, it may decline to proceed with the complaint and inform the complainant |
| What independent power is preserved under Section 17(ii)? | Irrespective of clause (i), the Commission may initiate an inquiry on its own if necessary having regard to the nature of the complaint |
| What does Section 18 of the Protection of Human Rights Act, 1993 provide for? | It enumerates the measures the Commission may adopt during or after completion of an inquiry into human rights violations |
| What recommendations can the Commission make under Section 18(a) when violation or negligence by a public servant is disclosed? | It may recommend payment of compensation or damages to the victim or family, initiation of prosecution or other suitable action against the concerned person, and such further action as it deems fit |
| What judicial remedy is available to the Commission under Section 18(b)? | It may approach the Supreme Court or the concerned High Court for appropriate directions, orders or writs |
| What interim power is conferred upon the Commission under Section 18(c)? | At any stage of inquiry, it may recommend immediate interim relief to the victim or members of his family |
| What procedural steps regarding reporting and follow-up are prescribed under clauses (d) to (f) of Section 18 of the Protection of Human Rights Act, 1993? | They regulate supply of the inquiry report, communication with the concerned Government or authority, receipt of comments and action taken report, and publication of the final outcome |
| When is a copy of the inquiry report to be furnished to the petitioner under Section 18(d)? | Subject to clause (e), the Commission may provide a copy of the inquiry report to the petitioner or his representative |
| What obligation is imposed upon the concerned Government or authority under Section 18(e)? | It must receive the inquiry report with recommendations and, within one month or extended time allowed by the Commission, forward its comments including action taken or proposed |
| What transparency mechanism is established under Section 18(f)? | The Commission must publish its inquiry report along with the Government’s comments and the action taken or proposed on its recommendations |
| What does Section 19 of the Protection of Human Rights Act, 1993 deal with? | It prescribes a special procedure to be followed by the Commission while dealing with complaints of human rights violations by members of the armed forces |
| What procedure must the Commission follow under Section 19(1) in cases involving armed forces? | It may seek a report from the Central Government on its own motion or on petition, and after receiving the report, either decline to proceed with the complaint or make recommendations to the Central Government |
| What obligation is imposed on the Central Government under Section 19(2)? | It must inform the Commission within three months, or extended time allowed, about the action taken on the Commission’s recommendations |
| What transparency requirement is laid down under Section 19(3)? | The Commission must publish its report along with its recommendations and the action taken by the Central Government |
| What right is conferred upon the petitioner under Section 19(4)? | The petitioner or his representative must be provided a copy of the published report |
| What does Section 20 of the Protection of Human Rights Act, 1993 provide for? | It mandates submission of annual and special reports by the Commission and their placement before the Legislature along with action taken statements |
| To whom does the Commission submit its annual report under Section 20(1)? | To the Central Government and the concerned State Government |
| When can the Commission submit a special report under Section 20(1)? | At any time on matters of urgency or importance that cannot await the annual report |
| What legislative accountability mechanism is established under Section 20(2)? | The Central or State Government must lay the Commission’s annual and special reports before Parliament or the State Legislature along with a memorandum detailing action taken or proposed and reasons for non-acceptance of recommendations, if any |
| CHAPTER-V | |
| STATE HUMAN RIGHTS COMMISSIONS | |
| What does Section 21 of the Protection of Human Rights Act, 1993 provide for? | It provides for the constitution, composition and basic administrative structure of the State Human Rights Commission |
| Is the constitution of a State Human Rights Commission mandatory under Section 21(1)? | No, the State Government may constitute such a Commission |
| What is the purpose of constituting a State Human Rights Commission under Section 21(1)? | To exercise the powers and perform the functions assigned to a State Commission under the Act |
| From when does the State Commission come into existence under Section 21(2)? | From such date as the State Government may specify by notification |
| What is the composition of the State Commission under Section 21(2)? | A Chairperson who has been a Chief Justice of a High Court or a judge, one Member who is or has been a High Court Judge or a District Judge with at least seven years’ experience as District Judge, and one Member having knowledge of or practical experience in human rights matters |
| What administrative structure is provided for the State Commission under Section 21(3) of the Protection of Human Rights Act, 1993? | A Secretary acts as the Chief Executive Officer and exercises administrative and financial powers of the State Commission subject to the control of the Chairperson |
| How is the headquarters of the State Commission determined under Section 21(4)? | It is located at a place specified by the State Government by notification |
| What is the subject-matter jurisdiction of the State Commission under Section 21(5)? | It may inquire into violations relating to matters in List II and List III of the Seventh Schedule to the Constitution |
| What limitation is imposed by the proviso to Section 21(5)? | The State Commission cannot inquire into a matter already under inquiry by the National Commission or any other legally constituted Commission |
| What flexibility regarding appointments is introduced under Section 21(6)? | Two or more States may appoint a common Chairperson or Member from another State Commission with his consent, subject to recommendation of the Selection Committee under Section 22(1) |
| What power is given to the Central Government under Section 21(7) regarding Union Territories? | It may confer upon a State Commission the human rights functions relating to Union Territories other than Delhi, Jammu and Kashmir, and Ladakh |
| Which authority handles human rights functions for Delhi, Jammu and Kashmir and Ladakh under Section 21(8)? | The National Human Rights Commission |
| What does Section 22 of the Protection of Human Rights Act, 1993 provide for? | It lays down the procedure for appointment of the Chairperson and Members of the State Human Rights Commission |
| By whom and in what manner are the Chairperson and Members of the State Commission appointed under Section 22(1)? | They are appointed by the Governor by warrant under his hand and seal |
| What is the composition of the Selection Committee under the first proviso to Section 22(1)? | The Chief Minister as Chairperson, the Speaker of the Legislative Assembly, the Minister in charge of the Home Department, and the Leader of the Opposition in the Legislative Assembly |
| How is the Selection Committee expanded in States having a Legislative Council under the second proviso? | The Chairman of the Legislative Council and the Leader of the Opposition in that Council are also included as members |
| What judicial consultation is mandatory under the third proviso to Section 22(1)? | Appointment of a sitting High Court Judge or sitting District Judge requires consultation with the Chief Justice of the concerned High Court |
| What protection is provided under Section 22(2) regarding validity of appointments? | An appointment is not invalid merely because of any vacancy in the Selection Committee. |
| What does Section 23 of the Protection of Human Rights Act, 1993 provide for? | It provides for resignation and removal of the Chairperson and Members of the State Human Rights Commission |
| How can the Chairperson or a Member of the State Commission resign under Section 23(1)? | By giving a written notice under his hand addressed to the Governor |
| What is the procedure for removal on the ground of misbehaviour or incapacity under Section 23(1A)? | The President may remove the Chairperson or Member only after a Supreme Court inquiry, initiated on Presidential reference and conducted as per its prescribed procedure, reports that removal is warranted on proved misbehaviour or incapacity |
| In which cases can the President remove the Chairperson or Member without a Supreme Court inquiry under Section 23(2)? | When the person is adjudged insolvent, engages in paid employment outside official duties, is unfit due to infirmity of mind or body, is declared of unsound mind by a competent court, or is convicted and sentenced to imprisonment for an offence involving moral turpitude in the President’s opinion |
| What does Section 24 of the Protection of Human Rights Act, 1993 provide for? | It prescribes the term of office, re-appointment conditions, age limit, and post-tenure employment restrictions for the Chairperson and Members of the State Human Rights Commission |
| What is the tenure of the Chairperson of the State Commission under Section 24(1)? | Three years from the date of entering office or until attaining the age of seventy years, whichever is earlier |
| What is the tenure and re-appointment rule for a Member of the State Commission under Section 24(2)? | A Member holds office for Three years from the date of entering office and is eligible for re-appointment for one further term of five years, subject to the age limit |
| What is the maximum age limit applicable to a Member under the proviso to Section 24(2)? | No Member shall hold office after attaining the age of seventy years |
| What restriction applies after demitting office under Section 24(3)? | The Chairperson or Member becomes ineligible for further employment under the Government of a State or the Government of India. |
| What does Section 25 of the Protection of Human Rights Act, 1993 provide for? | It provides for temporary arrangements for discharge of the functions of the Chairperson of the State Commission in cases of vacancy or inability |
| In what circumstances can a Member be authorised to act as Chairperson under Section 25(1)? | When a vacancy arises in the office of the Chairperson due to death, resignation or otherwise, pending appointment of a new Chairperson |
| Who is empowered to authorise a Member to act as Chairperson under Section 25(1)? | The Governor, by notification |
| Under what situation does Section 25(2) permit a Member to discharge the functions of the Chairperson? | When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise |
| For how long does a Member discharge the functions under Section 25(2)? | Until the Chairperson resumes his duties |
| What does Section 26 of the Protection of Human Rights Act, 1993 provide for? | It regulates the terms and conditions of service of the Chairperson and Members of the State Human Rights Commission |
| How are the service conditions of the Chairperson and Members determined under Section 26? | They are prescribed by the State Government |
| What protection is granted under the proviso to Section 26 after appointment? | The salary, allowances and other service conditions cannot be varied to the disadvantage of the Chairperson or a Member after appointment |
| What does Section 27 of the Protection of Human Rights Act, 1993 provide for? | It provides for the officers and staff of the State Human Rights Commission, including those to be made available by the State Government and those to be appointed by the Commission |
| What officers and staff is the State Government required to make available under Section 27(1)? | An officer not below the rank of Secretary to the State Government as Secretary of the Commission, police and investigative staff under an officer not below the rank of Inspector General of Police, and other necessary officers and staff |
| What power is conferred upon the State Commission under Section 27(2)? | Subject to rules made by the State Government, it may appoint necessary administrative, technical and scientific staff |
| How are the salaries and service conditions of staff appointed under Section 27(2) determined? | They are prescribed by the State Government |
| Under which provision of the Protection of Human Rights Act, 1993 are the salaries and service conditions of staff appointed by the State Commission determined? | Under Section 27(3) |
| How are the salaries, allowances and service conditions of officers and staff appointed under Section 27(2) determined? | They are prescribed by the State Government |
| What does Section 28 of the Protection of Human Rights Act, 1993 provide for? | It provides for submission of annual and special reports by the State Commission and their placement before the State Legislature with action taken details |
| To whom does the State Commission submit its annual report under Section 28(1)? | To the State Government |
| When can the State Commission submit a special report under Section 28(1)? | At any time on matters of urgency or importance that should not be deferred till the annual report |
| What legislative accountability mechanism is established under Section 28(2)? | The State Government must lay the annual and special reports before the State Legislature, along with a memorandum detailing action taken or proposed and reasons for non-acceptance of recommendations, if any. |
| What does Section 29 of the Protection of Human Rights Act, 1993 provide for? | It applies specified provisions relating to the National Commission to State Commissions with certain statutory modifications |
| Which provisions of the Act are made applicable to State Commissions under Section 29? | Sections 9, 10, 12, 13, 14, 15, 16, 17 and 18 |
| What is the general modification prescribed under clause (a) of Section 29? | References to “Commission” are to be construed as references to “State Commission” |
| What specific modification is made in Section 10 under clause (b) of Section 29? | In sub-section (3) of Section 10, the word “Secretary-General” is substituted with “Secretary” |
| What modification is made to Section 12 under clause (c) of Section 29? | Clause (f) of Section 12 is omitted in its application to the State Commission |
| What change is introduced in Section 17 under clause (d) of Section 29? | In clause (i) of Section 17, the words “Central Government or any” are omitted |
| CHAPTER-VI | |
| HUMAN RIGHTS COURTS | |
| What does Section 30 of the Protection of Human Rights Act, 1993 provide for? | It provides for designation of Human Rights Courts for speedy trial of offences arising out of human rights violations |
| Who has the authority to specify a Human Rights Court under Section 30? | The State Government |
| What judicial safeguard is required before specifying a Human Rights Court under Section 30? | Concurrence of the Chief Justice of the High Court |
| Which court may be designated as a Human Rights Court under Section 30? | A Court of Session for each district |
| What is the object behind constituting a Human Rights Court under Section 30? | To ensure speedy trial of offences arising out of violation of human rights |
| Under what circumstances does Section 30 not apply? | Where a Court of Session has already been specified as a special court or a special court has already been constituted for such offences under any other law |
| What does Section 31 of the Protection of Human Rights Act, 1993 provide for? | It provides for appointment or specification of a Special Public Prosecutor for every Human Rights Court |
| Who appoints or specifies the Special Public Prosecutor under Section 31? | The State Government, by notification |
| What are the two modes of selection of a Special Public Prosecutor under Section 31? | Either by specifying an existing Public Prosecutor or by appointing an advocate |
| What is the minimum qualification required if an advocate is appointed as Special Public Prosecutor under Section 31? | The advocate must have at least seven years’ practice |
| For what purpose is a Special Public Prosecutor appointed under Section 31? | To conduct cases in the Human Rights Court |
| CHAPTER-VII | |
| FINANCE, ACCOUNTS AND AUDIT | |
| What does Section 32 of the Protection of Human Rights Act, 1993 provide for? | It provides for financial grants by the Central Government to the National Commission and their utilisation |
| Under what condition does the Central Government release grants to the Commission under Section 32(1)? | After due appropriation made by Parliament by law |
| For what purpose are grants made under Section 32(1)? | For being utilised for the purposes of the Act |
| What financial autonomy is granted to the Commission under Section 32(2)? | The Commission may spend such sums as it thinks fit for performing its functions under the Act |
| How are the expenditures incurred by the Commission under Section 32(2) treated? | They are treated as expenditure payable out of the grants made under sub-section (1) |
| What does Section 33 of the Protection of Human Rights Act, 1993 provide for? | It provides for financial grants by the State Government to the State Commission and their utilisation |
| Under what condition does the State Government release grants to the State Commission under Section 33(1)? | After due appropriation made by the State Legislature by law |
| For what purpose are grants made under Section 33(1)? | For being utilised for the purposes of the Act |
| What spending power is conferred upon the State Commission under Section 33(2)? | It may spend such sums as it thinks fit for performing the functions under Chapter V |
| How are expenditures incurred under Section 33(2) treated? | They are treated as expenditure payable out of the grants made under sub-section (1) |
| What does Section 34 of the Protection of Human Rights Act, 1993 provide for? | It lays down the framework for maintenance of accounts, audit, and parliamentary oversight of the Commission’s finances |
| How are the accounts of the Commission to be maintained under Section 34(1)? | The Commission must maintain proper accounts and records and prepare an annual statement of accounts in the prescribed form in consultation with the Comptroller and Auditor-General of India |
| Who audits the accounts of the Commission under Section 34(2)? | The Comptroller and Auditor-General of India |
| How are audit expenses treated under Section 34(2)? | All expenditure incurred in connection with the audit is payable by the Commission to the Comptroller and Auditor-General |
| What audit powers are conferred under Section 34(3)? | The Comptroller and Auditor-General and his appointees have the same rights, privileges and authority as in audit of Government accounts, including demanding documents and inspecting offices of the Commission |
| What is the post-audit reporting mechanism under Section 34(4)? | The audited accounts and audit report are forwarded to the Central Government, which must lay the audit report before each House of Parliament |
| What does Section 35 of the Protection of Human Rights Act, 1993 provide for? | It provides for maintenance of accounts, audit by the Comptroller and Auditor-General of India, and legislative oversight of the finances of the State Commission |
| What accounting obligation is imposed on the State Commission under Section 35(1)? | It must maintain proper accounts and prepare an annual statement in the prescribed form in consultation with the Comptroller and Auditor-General of India |
| Who audits the accounts of the State Commission under Section 35(2)? | The Comptroller and Auditor-General of India |
| How are audit expenses treated under Section 35(2)? | The State Commission must bear the expenditure incurred in connection with the audit |
| What powers does the Comptroller and Auditor-General exercise during audit under Section 35(3)? | He has the same rights and authority as in auditing Government accounts, including demanding production of records and inspecting offices of the State Commission |
| What post-audit procedure is mandated under Section 35(4)? | The audited accounts and report must be forwarded annually to the State Government, which must lay the audit report before the State Legislature |
| CHAPTE-VIII | |
| MISCELLANEOUS | |
| What does Section 36 of the Protection of Human Rights Act, 1993 provide for? | It bars the jurisdiction of the Commission and the State Commission in specified circumstances |
| When is the Commission prohibited from inquiring into a matter under Section 36(1)? | When the matter is pending before a State Commission or any other Commission duly constituted under any law for the time being in force |
| What limitation period is prescribed under Section 36(2) for entertaining complaints? | Neither the Commission nor the State Commission shall inquire into any matter after one year from the date on which the alleged act of violation was committed |
| What does Section 37 of the Protection of Human Rights Act, 1993 provide for? | It empowers the Government to constitute special investigation teams for investigation and prosecution of offences arising out of human rights violations |
| What overriding effect is given to Section 37? | It operates notwithstanding anything contained in any other law for the time being in force |
| Under what condition may the Government constitute special investigation teams under Section 37? | When it considers it necessary to do so |
| For what purpose are special investigation teams constituted under Section 37? | For investigation and prosecution of offences arising out of violations of human rights |
| Who constitutes the special investigation teams under Section 37? | The Government |
| What is the composition of such special investigation teams under Section 37? | Such police officers as the Government considers necessary |
| What does Section 38 of the Protection of Human Rights Act, 1993 provide for? | It grants protection from legal proceedings for actions taken in good faith under the Act |
| Who is protected under Section 38 from suits or legal proceedings? | The Central Government, State Government, the Commission, the State Commission, their Members, and any person acting under their direction |
| In respect of what acts does protection apply under Section 38? | Anything done or intended to be done in good faith under the Act, the rules, or orders made thereunder |
| Does the protection under Section 38 extend to publication of reports and proceedings? | Yes, it covers publication by or under the authority of the Central or State Government, the Commission, or the State Commission |
| Is protection under Section 38 absolute? | No, it applies only to actions done or intended to be done in good faith |
| What does Section 39 of the Protection of Human Rights Act, 1993 provide for? | It declares Members and authorised officers of the Commission and State Commission to be public servants |
| Who are deemed to be public servants under Section 39? | Every Member of the Commission and State Commission and every officer appointed or authorised to exercise functions under the Act |
| For what legal purpose are they deemed public servants under Section 39? | Within the meaning of Section 21 of the Indian Penal Code, 1860 |
| Is the status of public servant under Section 39 limited only to Members? | No, it also extends to officers appointed or authorised to exercise functions under the Act |
| What does Section 40 of the Protection of Human Rights Act, 1993 provide for? | It empowers the Central Government to make rules for carrying out the provisions of the Act |
| How are rules made by the Central Government under Section 40(1)? | By notification |
| What specific matters may be provided for under Section 40(2)? | Salaries and service conditions of the Chairperson and Members under Section 8; conditions of appointment and salaries of staff under Section 11(3); additional civil court powers under Section 13(1)(f); the form of annual statement of accounts under Section 34(1); and any other matter required or permitted to be prescribed |
| Does Section 40(2) limit the rule-making power of the Central Government? | No, it is illustrative and without prejudice to the general rule-making power under sub-section (1) |
| What does Section 40(3) of the Protection of Human Rights Act, 1993 provide for? | It provides for parliamentary control over rules made by the Central Government through the laying procedure |
| What is the laying requirement under Section 40(3)? | Every rule must be laid before each House of Parliament for a total period of thirty days, which may be comprised in one or more successive sessions |
| What power does Parliament exercise over rules under Section 40(3)? | Both Houses may agree to modify the rule or agree that the rule should not be made |
| What is the effect of parliamentary modification or annulment under Section 40(3)? | The rule thereafter operates only in modified form or becomes void, as the case may be |
| Does modification or annulment affect actions already taken under the rule? | No, prior actions remain valid |
| What does Section 40A of the Protection of Human Rights Act, 1993 provide for? | It confers power on the Central Government to make certain rules with retrospective effect subject to limitations |
| In respect of which rule-making power does Section 40A permit retrospective operation? | Rules made under clause (b) of sub-section (2) of Section 40 |
| From what date can retrospective effect be given under Section 40A? | From a date not earlier than the date on which the Act received Presidential assent |
| What limitation is imposed on retrospective rule-making under Section 40A? | No rule shall operate retrospectively so as to prejudicially affect the interests of any person to whom it applies |
| What does Section 40B of the Protection of Human Rights Act, 1993 provide for? | It empowers the Commission to make regulations for carrying out the provisions of the Act subject to statutory control |
| What conditions must be satisfied before the Commission makes regulations under Section 40B(1)? | The regulations must be consistent with the Act and the rules, made by notification, and require prior approval of the Central Government |
| What specific matters may be regulated under Section 40B(2)? | The procedure of the Commission under Section 10(2), returns and statistics to be furnished by State Commissions, and any other matter required or permitted to be specified by regulations |
| What legislative control is imposed on regulations under Section 40B(3)? | Every regulation must be laid before both Houses of Parliament for thirty days and may be modified or annulled by them |
| What is the effect of parliamentary modification or annulment of a regulation under Section 40B(3)? | The regulation thereafter operates in modified form or ceases to have effect, without affecting actions already taken under it |
| What does Section 41 of the Protection of Human Rights Act, 1993 provide for? | It empowers the State Government to make rules for carrying out the provisions of the Act in relation to the State Commission |
| How are rules made by the State Government under Section 41(1)? | By notification |
| What specific matters may be provided for under Section 41(2)? | Salaries and service conditions of the Chairperson and Members under Section 26; conditions of appointment and salaries of staff under Section 27(3); and the form of annual statement of accounts under Section 35(1) |
| What legislative control is prescribed under Section 41(3) over State rules? | Every rule must be laid before each House of the State Legislature, or before the single House where the Legislature is unicameral |
| What does Section 42 of the Protection of Human Rights Act, 1993 provide for? | It empowers the Central Government to remove difficulties in giving effect to the Act by issuing orders |
| Under what condition can the Central Government exercise power under Section 42(1)? | When a difficulty arises in giving effect to the provisions of the Act |
| What limitation is imposed on the content of orders under Section 42(1)? | The order must not be inconsistent with the provisions of the Act |
| What time restriction applies to the exercise of power under Section 42(1)? | No order can be made after two years from the date of commencement of the Act |
| What procedural safeguard is provided under Section 42(2)? | Every order made must be laid before each House of Parliament |
| What does Section 43 of the Protection of Human Rights Act, 1993 provide for? | It provides for repeal of the Protection of Human Rights Ordinance, 1993 and contains a saving clause |
| Which enactment is repealed under Section 43(1)? | The Protection of Human Rights Ordinance, 1993 (Ordinance 30 of 1993) |
| What is the effect of the saving clause under Section 43(2)? | Anything done or any action taken under the repealed Ordinance is deemed to have been done or taken under the corresponding provisions of this Act |
| Does repeal under Section 43 invalidate actions taken under the Ordinance? | No, such actions continue to remain valid by virtue of the saving provision |
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