| Powers
Relating to Inquiries: |
The State Commission, while enquiring
into the complaints under the Protection of Human Rights
Act, have all the powers of 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) requisition 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.
The Commission has
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 enquiry and any person so required
shall be deemed to be legally bound to furnish such
information within the meaning of Sections 176 and
177 of the Indian Penal Code.
The Commission or
any other Officer not below the rank of a gazetted
Officer, especially authorized in this behalf by the
Commission, may enter any building or place where
the Commission has reason to believe that document
relating to the subject matter of the enquiry may
be found an may seize such document or take extracts
or copies therefrom subject to the provisions of Section
100 of the Code of Criminal Procedure, 1973, in so
far as it may be applicable.
Every proceeding before
the Commission shall be deemed to be a judicial proceeding
within the meaning of Sections 193 and 228 and for
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.
The Commission while inquiring
into the complaints of violation of human rights may
call for information or report from the State Government
or any other authority or organization subordinate thereto.
The Commission, should it consider if necessary, may
suo motu initiate an enquiry. The Commission may take
any of the following steps upon the completion of an
inquiry held under the Act, namely,
(i) where the inquiry
discloses the commission of violation of human rights
or negligence in the prevention of violation of human
rights, by a public servant, it may recommend to the
concerned Government or authority the initiation of
proceedings for prosecution or such other action as
the Commission may deem fit against the concerned
person or persons;
(ii) approach the Supreme Court or the High Court
concerned for such directions, orders or writs as
that Court may deem necessary;
(iii) recommend to the concerned Government or authority
for the grant of such immediate interim relief to
the victim or the members of his family as the Commission
may consider necessary;
(iv) subject to the
provisions of Clause (5) provide a copy of the inquiry
report to the petitioner or his representative;
(v) the Commission shall send a copy of its inquiry
report together with its recommendations to the State
Government or authority and the concerned Government
or authority shall, within a period of one month,
or such further time as the Commission may allow forward
its comments on the report, including the action taken
or proposed to be taken thereon, to the Commission;
(vi) the Commission shall publish its inquiry report
together with the comments of the concerned Government
or authority, if any, and the action take or proposed
to be taken by the concerned Government or authority
on the recommendations of the Commission.
| Functions
of the Commission: |
Section 12 of the
Protection of Human Rights Act,1993 lays down the
scope and the range of the functions assigned to the
State Commission. The State 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, 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 or human rights pending before a Court
with the approval of such Court;
(c) visit, under intimation to the State Government,
any jail or any 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 thereon;
(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) undertake and promote research in the field of
human rights;
(g) 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;
(h) encourage the efforts of non-governmental organizations
and institutions working in the field of human rights;
(i) such other functions as it may consider necessary
for the promotion of human rights.
| Language
of the Complaint: |
They may be in Bengali, English
or in any language included in the Eighth Schedule of
the Constitution. The complaints are expected to be
self contained. No fee is charged on complaints. The
Commission may ask for further information and affidavits
to be filed in support of allegations whenever considered
necessary. The Commission accepts telegraphic complaints
and complaints conveyed through FAX.
| Information
Relating to Fees and Engagement of a Lawyer etc: |
(I) A complainant does not have
to pay any fees i.e. stamp, court fee or any other charges;
(ii) If complainant desires, he may engage a lawyer
to represent his case.
(iii) A complainant may write his complaint on a piece
of paper or post card and submit the same to the Commission.
| Kind
of Complaints not Entertainable by the Commission: |
Ordinarily, complaints of the following nature are not
entertained by the Commission:
(a) in regard to events which happened more than one
year before the making of the complaints;
(b) with regard to matters which are sub-judice or pending
before any other Commission,
(c) which are vague, anonymous or pseudonymous;
(d) which are of frivolous nature
(e) which pertain to service matter,
(f) personal disputes e.g.
1. Matrimonial
dispute.
2. Dispute relating to property.
3. Dispute between Landlords &
Tenants etc.
The Commission
has its own investigating staff for investigation
into complaints of human rights violations. Under
the Act, it is open to the Commission to utilize the
services of any officer or investigation agency of
the Central Government or State Government.
