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The Human Rights Commissions

Chapter One Hundred Seven

Syllabus topic 4, "Violence against the Weaker Sections."

Pages 467 to 472 of 663

A body with the powers of a civil court, no power to decide anything, and a one-year limitation on its own jurisdiction.

In the wording a student can write in an exam, taking the two Acts in turn.

Section 3 of the Protection of Human Rights Act 1993 requires the Central Government to constitute the National Human Rights Commission, chaired by a person who has been Chief Justice of India or a Judge of the Supreme Court. Section 12 sets out its functions: to inquire, suo motu or on a petition by a victim or any person on his behalf, or on the direction of any court, into a complaint of violation of human rights or of negligence in the prevention of such violation by a public servant; to intervene in a proceeding before a court with that court's approval; to visit any jail or other institution under the control of the State Government where persons are detained, notwithstanding any other law; and to review the safeguards, review the factors including terrorism that inhibit the enjoyment of human rights, and promote research and literacy.

Section 13 gives the Commission all the powers of a civil court trying a suit, and section 14 allows it to use any officer or investigation agency of the Central or a State Government. Section 18 provides that on an inquiry disclosing a violation it may recommend compensation, recommend the initiation of prosecution, and approach the Supreme Court or the High Court for directions. Section 19 lays down a separate procedure for the armed forces: seek a report from the Central Government, and thereafter either not proceed or make recommendations. Section 21 enables a State Government to constitute a State Commission, section 30 enables it, with the concurrence of the Chief Justice of the High Court, to specify a Court of Session in each district as a Human Rights Court, and section 36(2) bars any inquiry after the expiry of one year from the date of the act alleged.

Section 3 of the National Commission for Women Act 1990 requires the Central Government to constitute the National Commission for Women, and section 10 sets out its functions, which include investigating the safeguards for women, reporting annually, recommending amendments, taking up cases of violation, looking into complaints and taking suo motu notice, calling for special studies into atrocities against women, inspecting a jail, remand home, women's institution or other place of custody where women are kept, and funding litigation involving issues affecting a large body of women, with the powers of a civil court while investigating.

Section 3 of the National Commission for Women Act 1990 requires the Central Government to constitute the National Commission for Women, and section 10 sets out its functions, which include investigating the safeguards for women, reporting annually to the Central Government, recommending amendments, taking up cases of violation, looking into complaints and taking suo motu notice, calling for special studies into atrocities against women, inspecting a jail, remand home, women's institution or other place of custody where women are kept, and funding litigation involving issues affecting a large body of women, with the powers of a civil court while investigating.

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