Functions of the Commission: Section 12

In one line

Section 12 gives the Commission ten functions: one inquiry function in clause (a), one power of intervention in (b), one power of visit in (c), and seven functions of review, study, research, education and encouragement.

The text, clause by clause

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

(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, into a 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) 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, to study the living conditions of the inmates and make recommendations;

(d) review the safeguards provided by or under the Constitution or any law 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 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, through publications, the media, seminars and other available means;

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

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

The three that matter

Clause (a), the inquiry function

Three routes in: suo motu, on a petition by a victim or any person on their behalf, or on the direction or order of any court, the last added by amendment.

Two limbs: violation or abetment, and negligence in the prevention of such violation, by a public servant. [The Section 2(1)(d) Definition, and How Much It Carries] explains why the second limb is what brings private violation within reach.

And it is the only clause the deemed Members under section 3(3) do not sit for, since they are Members for clauses (b) to (j) only.

Clause (c), the power of visit

Notwithstanding anything contained in any other law for the time being in force.