Rajasthan State Human rights Commission

Last updated

Rajasthan State Human Rights Commission
राजस्थान राज्य मानवाधिकार आयोग
Agency overview
Formed18 January 1999
Preceding agency
Jurisdictional structure
Federal agency India
Operations jurisdiction India
Size342,239 km2
Population73,529,325 (2015)
Constituting instrument
  • TPHRA, 1993 [1]
General nature
Operational structure
Headquarters Jaipur, Rajasthan
Agency executive
  • justice Gopal Krishan vyas
Website
www.rshrc.rajasthan.gov.in

The Rajasthan State Human Rights Commission is a State Government body constituted on 18 January 1999 to exercise the powers conferred upon, and to perform the functions assigned to, a State Human Rights Commission under chapter-V of The Protection of Human Rights Act, 1993. [1]

Contents

The commission became functional from 23 March 2000 with the appointment of Justice Kanta Kumari Bhatnagar, former Chief Justice of the Madras High Court as the first Chairperson along with Shri R. K. Akodia, Shri B. L. Joshi and Prof. Alamshah Khan as the supporting members. [2]

Functions

The Commission shall perform all or any of the following functions in accordance to chapter-III point No.12 of the TPHRA-1993.

  1. Inquire, moto 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 complaint of
    1. Violation of human rights or abatement thereof; or
    2. Negligence in the prevention of such violation, by a public servant;
  2. Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
  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;
  4. 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;
  5. Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
  6. Study treaties and other international instruments on human rights and make recommendations for their effective implementation;
  7. Undertake and promote research in the field of human rights;
  8. 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;
  9. Encourage the efforts of non-governmental organisations and institutions working in the field of human rights;
  10. Such other functions as it may consider necessary for the protection of human rights.

Procedure

The course of action to any case as mentioned in chapter-IV point no. 17 to 20 of TPHRA Act 1993.[ citation needed ]

Inquiry into complaints

The Commission while inquiring into the complaints of violations of human rights may–

  1. call for information or report from the Central Government or any State Government or any other authority or organisation subordinate thereto within such time as may be specified by it:- Provided that–
    1. if the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the complaint on its own;
    2. if, on receipt of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the complaint and inform the complainant accordingly;
    3. without prejudice to anything contained in clause (i), if it considers necessary, having regard to the nature of the complaint, initiate an inquiry.

Steps during and after inquiry

The Commission may take any of the following steps during or upon the completion of an inquiry held under this Act, namely:-

  1. where the inquiry discloses the commission of violation of human rights or negligence in the prevention of violation of human rights or abatement thereof by a public servant, it may recommend to the concerned Government or authority –
    1. to make payment of compensation or damages to the complainant or to the victim or the members of his family as the Commission may consider necessary;
    2. to initiate proceedings for prosecution or such other suitable action as the Commission may deem fit against the concerned person or persons;
    3. to take such further action as it may think fit;
  2. approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;
  3. recommend to the concerned Government or authority at any stage of the inquiry the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary;
  4. subject to the provisions of clause
  5. provide a copy of the inquiry report to the petitioner or his representative;
  6. the Commission shall send a copy of its inquiry report together with its recommendations to the concerned 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;
  7. the Commission shall publish its inquiry report together with the comments of the concerned Government or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority on the recommendations of the Commission.

Procedure with respect to armed forces

  1. Notwithstanding anything contained in this Act, while dealing with complaints of violation of human rights by members of the armed forces, the Commission shall adopt the following procedure, namely :-
    1. It may, either on its own motion or on receipt of a petition, seek a report from the Central Government
    2. After the receipt of the report, it may, either not proceed with the complaint or, as the case may be, make its recommendations to that Government.
  2. The Central Government shall inform the Commission of the action taken on the recommendations within three months or such further time as the Commission may allow.
  3. The Commission shall publish its report together with its recommendations made to the Central Government and the action taken by that Government on such recommendations.
  4. The Commission shall provide a copy of the report published under sub-section (3) to the petitioner or his representative.

Annual and special reports of the Commission

  1. The Commission shall submit an annual report to the Central Government and to the State Government concerned and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report.
  2. The Central Government and the State Government, as the case may be, shall cause the annual and special reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any.

Composition

After an official comment from Supreme court [3] Justice Prakash Chandra Tatia, former Chief Justice of Jharkhand High Court was appointed as the Chairperson, [4] his name was recommended along with Shri Chandramohan Meena as Member and Shri Ashutosh Sharma as an expert, by two selection committees headed by Chief Minister Vasundhara Raje Scindia. [5]

Present team

NameDesignationFrom
Justice G.K. Vyas Chairperson--
Shri Mahesh GoyalMember--
Shri Ashutosh SharmaMember--
Shri H. R. KuriMember1 September 2011
Dr. M. K. DevarajanMember1 September 2011
Shri Janga Srinivas RaoSecretary5 April 2010
Smt. Sanchita BishnoiDeputy Secretary30 March 2012
Shri P. R. PanditSecretary3 March 2014
Shri Saurabh SrivastavaDirector General Police3 March 2014

Earlier Shri H. R. Kuri was heading the commission as an Acting Chairman since the position become vacant after the former Chief Justice Nagendra Kumar Jain from Madras and Karnataka High Court, completed his tenure as the Chairperson from 16 July 2005 till 15 July 2010. [6]

Former Chairmen & Members

NameDesignationFromTill
Justice Kanta Kumari BhatnagarChairperson23 March 200011 August 2000
Justice Saiyed Saghir Ahmad Chairperson16 February 20013 June 2004
Justice Nagendra Kumar Jain Chairperson16 July 200515 July 2010
Justice Amar Singh GodaraMember7 July 20006 July 2005
Shri R. K. AkodiaMember25 March 200024 March 2005
Shri B. L. JoshiMember25 March 200031 March 2004
Prof. Alamshah KahanMember24 March 200016 May 2003
Shri Namo Narayan MeenaMember11 September 200323 March 2004
Shri Dharam Singh MeenaMember7 July 20056 July 2010
Justice Jagat SinghMember10 October 20059 October 2010
Shri Pukhraj SirviMember15 April 200413 April 2011

Reports

The commission had assessed a sum of 17,033 incidents between 2010~2014 with the highest number of incidents reported from Jaipur followed by Ajmer out of 33 districts. A comprehensive district and incident wise, report is annually published by the commission reflecting status of the incidents along with some of the important and major rulings by the commission each year. [7]

From Till Child Health Prison Gang Labor SC / ST Police Pollution Religious Woman Others Rejected [8] Total
1 April 200431 March 200513439419011981916299212520023272
1 April 200531 March 2006185084480841867124813011223173735
1 April 200631 March 2007 [9] 2030803812161002165415815823063890
1 April 200731 March 2008 [10] 243863080827997173318631721263844
1 April 200831 March 2009 [11] 3634572606391121142719133120953977
1 April 200931 March 2010 [12] 1805981610396768081914240715263251
1 April 2010 31 March 2011 35 22 126 211 08 48 842 14 34 172 285 1777 3574
1 April 2011 31 March 2012 29 45 114 117 10 35 1175 20 36 181 288 1871 3921
1 April 2012 31 March 2013 29 117 112 55 07 20 1371 21 37 101 905 2177 4952
1 April 2013 31 March 2014 17 68 91 17 06 02 1375 03 31 32 1052 1892 4586

Significant incidents

Some of the recent incidents which brought Human Rights concerns in the state of Rajasthan under News are:

Related Research Articles

<span class="mw-page-title-main">National Human Rights Commission of India</span> Indian government agency in charge of protecting human rights

The National Human Rights Commission of India is a statutory 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 (PHRA). The NHRC is 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 and enforceable by courts in India".

<span class="mw-page-title-main">United Nations Human Rights Council</span> United Nations body tasked with the promotion of human rights

The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. The headquarters of the Council are at the United Nations Office at Geneva in Switzerland.

<span class="mw-page-title-main">African Commission on Human and Peoples' Rights</span> Quasi-judicial body

The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial body tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. This includes investigating human rights violations, creating and approving programs of action towards encouraging human rights, and set up effect communication between them and states to get first hand information on violations of human rights. Although the ACHPR is under a regional government facility, they don't have any actual power and enforcement over laws. This ends up in them drafting up proposals to send up the chain of command to the Assembly of Heads of State and Government and they will act accordingly.

Russia incurred much international criticism for its conduct during the Second Chechen War, which started in 1999. The governments of the United States and other countries condemned deaths and expulsions among civilians. The United Nations Commission on Human Rights (UNHCR) passed two resolutions in 2000 and 2001 condemning human rights violations in Chechnya and requiring Russia to set up an independent national commission of inquiry to investigate the matter. However, a third resolution on these lines failed in 2004. The Council of Europe in multiple resolutions and statements between 2003 and 2007 called on Russia to cease human rights violations. The European Court of Human Rights (ECHR) between 2005 and 2007 conducted legal cases brought by Chechens against the Russian government, and in many of these cases held Russia responsible for deaths, disappearances and torture.

The Working Group on Arbitrary Detention(WGAD) is a body of independent human rights experts that investigate cases of arbitrary arrest and detention. Arbitrary arrest and detention is the imprisonment or detainment of an individual, by a State, without respect for due process. These actions may be in violation of international human rights law.

<span class="mw-page-title-main">National Human Rights Commission (Nepal)</span>

The National Human Rights Commission (NHRC) of Nepal is an independent and autonomous constitutional body. It was established in the year 2000 as a statutory body under the Human Rights Commission Act 1997. The Interim Constitution of Nepal 2007 made the NHRC a constitutional body. It has a separate sphere of responsibilities in the constitutional legal system of the country. These responsibilities complement the responsibilities of the normal machinery of the administration of Justice, the Supreme Court, the Office of the Attorney General, the Commission for the Investigation of Abuse of Authority, and other existing executive, quasi-judicial or judicial bodies of Nepal.

<span class="mw-page-title-main">Ombudsman</span> Official representing the interests of the public

An ombudsman, ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament to investigate complaints and attempt to resolve them, usually through recommendations or mediation.

The Bahrain Independent Commission of Inquiry (BICI), also known locally in Bahrain as the Bassiouni Commission, was established by the King of Bahrain on 29 June 2011 tasked with looking into the incidents that occurred during the period of unrest in Bahrain in February and March 2011 and the consequences of these events.

<span class="mw-page-title-main">National Human Rights Commission (Mongolia)</span>

The National Human Rights Commission of Mongolia was established under the Law on the National Human Rights Commission of Mongolia (2000) and commenced operations on 1 February 2001. The Law on the National Human Rights Commission of Mongolia was revised in January 2020.

The National Commission for Protection of Child Rights (NCPCR) is an Indian statutory body established by an Act of Parliament, the Commission for Protection of Child Rights (CPCR) Act, 2005. The Commission works under the aegis of Ministry of Women and Child Development, GoI. The Commission became operational on 5 March 2007.

The Goa Human Rights Commission was constituted in the month of March 2011 to perform the functions assigned to the State Commission under Chapter V of the Protection of Human Rights Act 1993. The current Chairman of the Commission is Justice Utkarsh V. Bakre, former High Court Judge.

The Delhi Commission for Women (DCW) is a statutory body of the Government of Delhi constituted to investigate and examine all matters relating to the safety and security of women under the constitution and other laws in Delhi, India.

Andhra Pradesh State Human Rights Commission is a statutory organisation created as per "The Protection of Human Rights Act of 1993 for India" for the state of Andhra Pradesh to inquire into human rights violations for subjects referred in the state list and concurrent list mentioned in the seventh schedule of the constitution of India. The chairman and other members of the Andhra Pradesh State Human Rights Commission are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly. In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee.

Telangana State Human Rights Commission is a statutory organisation created as per "The Protection of Human Rights Act of 1993 for India" for the state of Telangana to inquire into human rights violations for subjects referred in the state list and concurrent list mentioned in the seventh schedule of the constitution of India. The Chairman and other members of the Telangana State Human Rights Commission are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly. In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee.

<span class="mw-page-title-main">Madhya Pradesh Human Rights Commission</span>

Madhya Pradesh Human Rights Commission(MPHRC) is a statutory organisation created as per "The Protection of Human Rights Act of 1993 for India" for the state of Madhya Pradesh to inquire into human rights violations for subjects referred in the state list and concurrent list mentioned in the seventh schedule of the constitution of India. The Chairman and other members of the Madhya Pradesh Human Rights Commission are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly. In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee.

Himachal Pradesh State Human Rights Commission is a statutory organisation created as per "The Protection of Human Rights Act of 1993 for India" for the state of Himachal Pradesh to inquire into human rights violations for subjects referred in the state list and concurrent list mentioned in the seventh schedule of the constitution of India. The Chairman and other members of the Himachal Pradesh Human Rights Commission are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly. In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee.

Jharkhand Human Rights Commission is a statutory organisation created as per "The Protection of Human Rights Act of 1993 for India" for the state of Jharkhand to inquire into human rights violations for subjects referred in the state list and concurrent list mentioned in the seventh schedule of the constitution of India. The Chairman and other members of the Jharkhand Human Rights Commission are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly. In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee.

Karnataka State Commission for Women is a statutory body constituted in the year 1997 to deal with the issues relating to crime against women in the state of Karnataka. The commission for welfare of women in the state was set up by Karnataka Government as a quasi-judicial body.

Rajasthan State Commission for Women is a statutory body constituted in the year 1993 to deal with the issues relating to crime against women in the state of Rajasthan. The commission for welfare of women in the state was set up by Rajasthan Government as a quasi-judicial body.

Uttarakhand State Information Commission is an autonomous and statutory body constituted as per The Right to Information Act, 2005 by the state government of Uttarakhand through a notification in official Gazette. The commission will have one State Chief Information Commissioner (CIC) and not more than 10 State Information Commissioners (IC) to be appointed by the Governor on the recommendation of the committee consisting of the Chief Minister as chairperson, the Leader of the Opposition in the Legislative Assembly and a state Cabinet Minister nominated by the Chief Minister.

References

  1. 1 2 "National Human Rights Commission, India" (PDF). Retrieved 11 November 2020.
  2. ↑ "Former Chairman & Members | Rajasthan State Human Rights Commission". Archived from the original on 20 May 2015. Retrieved 30 July 2017.
  3. ↑ IANS (18 September 2015). "SC raps Rajasthan over headless state rights panel". Business Standard India. Retrieved 31 July 2017.
  4. ↑ "Ex-Jharkhand HC CJ appointed as SHRC chief: Rajasthan govt to SC". Zee News. 6 November 2015. Retrieved 31 July 2017.
  5. ↑ "मानवाधिकार आयोग के अध्यक्ष होंगे जस्टिस टाटिया" . Retrieved 31 July 2017.
  6. ↑ "Vacancies in state Human Rights panel; SC slams Rajasthan" . Retrieved 31 July 2017.
  7. ↑ "Annual Progress Report | Rajasthan State Human Rights Commission". Archived from the original on 26 December 2015. Retrieved 26 December 2015.
  8. ↑ "Not without their grandson". indianexpress.com. 9 August 2015.
  9. ↑ "HRS for the year 2006-07" (PDF). Retrieved 11 November 2020.
  10. ↑ "HRS for the year 2007-08" (PDF). Retrieved 11 November 2020.
  11. ↑ "HRS for the year 2008-09" (PDF). Retrieved 11 November 2020.
  12. ↑ "HRS of the year 2009-10" (PDF). Retrieved 11 November 2020.
  13. ↑ "Human rights panel takes note of Hawa Devi's plight - Times of India". indiatimes.com.
  14. ↑ "Hema Malini accident: RSHRC issues notice to police, local authorities". oneindia.com.
  15. ↑ "RSHRC seeks report on student suicides in Kota - Times of India". indiatimes.com.
  16. ↑ "Kota registers its 30th student suicide, numbs district administration - Times of India". indiatimes.com.
  17. ↑ "Sikar rape: 2 ragpickers held, 3 cops suspended - Times of India". indiatimes.com.
  18. ↑ "Debating Santhara: This Jain practice is not suicide, but Indian laws don't see it that way - Firstpost". www.firstpost.com.
  19. ↑ "The Jain religion and the right to die by Santhara". indianexpress.com. 2 September 2015.
  20. ↑ Visvanathan, Shiv (24 August 2015). "A reductive reading of Santhara". The Hindu. ISSN   0971-751X . Retrieved 17 June 2019.
  21. ↑ "RAC's 11th battalion accuses ADG of corruption, writes to DGP for action". indianexpress.com. 20 December 2015.
  22. ↑ "Cops strip woman in Ajmer police station - Times of India". indiatimes.com.
  23. ↑ "News7 – Prameya News7, News7 Odia, Odisha Latest News, Odisha Current Headlines, Odisha News Online" . Retrieved 17 June 2019.
  24. ↑ "human rights commission take action, ask to submit report , Jaipur News in Hindi – सैक्स स्केंडल..मानवाधिकार आयोग ने मांगी रिपोर्ट, परमज्योति करेंगी जांच". patrika.com.
  25. ↑ "Latest News, India, Bengal News, Breaking News, Opinion, Bollywood News, Cricket, Football - The Statesman". The Statesman.
  26. ↑ "Pokhran village wants radiation level checked - Times of India". indiatimes.com.
  27. ↑ Dhar, Aarti (8 April 2015). "Debilitating effect of silicosis" – via www.thehindu.com.
  28. ↑ Dhar, Aarti (5 April 2015). "Amend Mines Act to contain silicosis: Rajasthan HRC" – via www.thehindu.com.
  29. ↑ "Fair compensation for land acquired by govt is farmer's human right: SC - Times of India". indiatimes.com.
  30. ↑ "Home guards demand regularisation of jobs - Times of India". indiatimes.com.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.