Sikkim State Human Rights Commission

Last updated

Sikkim State Human Rights Commission
सिक्किम राज्य मानव अधिकार आयोग
Agency overview
Formed18 October 2008 (Notification: 101/HOME/2008)
Preceding agency
Jurisdictional structure
Federal agency India
Operations jurisdiction India
Size7,096 km2 (2,740 sq mi)
Population607,688 (2011)
Constituting instrument
  • TPHRA, 1993 [1]
General nature
Operational structure
Headquarters Gangtok, Sikkim
Agency executives
  • Justice Narendra Kumar Jain, Chairperson
  • Mrs. Lakchung Sherpa, Secretary
Website
Official website

Sikkim State Human Rights Commission was constituted on 18 October 2008 vied notification No. 101/HOME/2008. Thereafter, Justice A.N. Ray, a former Chief Justice, Sikkim High Court of was appointed as the Chairperson vide Notification No. 106/HOME/2008 on 14 November 2008. [2]

Functions

According to TPHRA, 1993 [1] (with amendment act 2006), The Commission is entitled to perform any of the following functions:

  1. Violation of human rights and instigation or
  2. Negligence in the prevention of such violations by any public servant.

It is clarified that though the Commission has the power to inquire in violation of human rights (or instigation thereof) by a public servant. Instances where the human rights are violated by a private citizen, the Commission can intervene if there is failure or negligence on the part of a public servant to prevent any such violation.

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">National Commission for Minorities</span> Indian government commission

The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Six religious communities, viz; Muslims, Christians, Jains, Sikhs, Buddhists and Zoroastrians (Parsis) have been notified in Gazette of India as minority communities by the Union Government all over India. Original notification of 1993 was for five religious communities; Sikhs, Buddhists, Parsis, Christians and Muslims, later in 2014, Jains community was also added. As per Census 2001, these six communities consists of 18.8% of the country's population.

<span class="mw-page-title-main">National Human Rights Commission (Nepal)</span> Nepalese constitutional body for human rights

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">Constitution of Bhutan</span> Supreme law of Bhutan

The Constitution of Bhutan was enacted 18 July 2008 by the Royal Government of Bhutan. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan. The current Constitution is based on Buddhist philosophy, international Conventions on Human Rights, comparative analysis of 20 other modern constitutions, public opinion, and existing laws, authorities, and precedents. According to Princess Sonam Wangchuck, the constitutional committee was particularly influenced by the Constitution of South Africa because of its strong protection of human rights.

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 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.

Bihar Human Rights Commission was established on 3 January 2000 by Notification No. 207. The Commission became functional by notification No. 6896 on 25 January 2008 with the appointment of its first chairperson, Justice S. N. Jha, former Chief Justice of the Jammu & Kashmir and Rajasthan High Court, along with Justice Rajendra Prasad, a former Judge of the Patna High Court and R. R. Prasad, a former Director General of Police, Bihar as supporting members of the commission.

Chhattisgarh Human Rights Commission become functional on 16 April 2001 with appointment of first Chairperson, Justice K. M. Agrawal, a former Chief Justice of Sikkim High Court and Shri K. A. Jacob, former D. G. P. of Bihar as the founder members by Notification No. 4139/GAD/2001 with effect from the date they assumed charge of the office.

The Kerala State Human Rights Commission was constituted on 11 December 1998 with the appointment of the first Chairperson Justice M.M. Pareed Pillay, a former Chief Justice Kerala High Court along with Dr. S. Balaraman and Shri. T.K. Wilson as supporting members by notification S.R.O No. 1066/1998 Dt: 11-12-98. The former Chief Justice of Kerala High Court Justice S. Manikumar is the present chairperson. The Chairperson and members are appointed by the Kerala Governor.

The Karnataka State Human Rights Commission was formally constituted by the Government order No. LAW 20 LAG 05 dated 28 June 2005. However, the present chairperson and members were appointed by the Governor of Karnataka vide notification No. LAW 17 HRC 2005 Dt. 23.07.2007 & 28.07.2007

The Maharashtra State Human Rights Commission (MSHRC) was constituted on 6 March 2001 with the appointment of Justice Arvind Sawant from Bombay High Court as the first Chairperson along with Dr.Vijay Chitnis and Shri. M. R. Patil as the supporting members of the commission.

Odisha Human Rights commission was constituted on 27 January 2000 via home department notification No. 5144 Dt: 27.8.2000. However, it became formally operational on 11 July 2003 with the appointment of Justice D. P. Mohapatra, a former Chief Justice of the Allahabad High Court and former Judge of the Supreme Court of India joined as its first chairperson of the commission via notification No. 8438 Dt: 24.6.2003. He was supported by Shri S.M. Patnaik, a former Chief Secretary to Government of Orissa via notification No.8441 Dt: 24.6.2003.

In the State of Uttar Pradesh, the State Human Rights Commission was established on 4 April 1996. However, the Commission was formally constituted vide notification No. 2388-89 Dt: 7.10.2002 when Justice A.P. Mishra, a former Chief Justice of Delhi High Court and former Judge of Supreme Court of India was appointed as first Chairperson along with Justice V. Saran, Mr. S.R. Arya, Mr. S.V.M. Tripathi and Mr. Sukh Lal Adarsh as supporting members of the Commission. Currently, UPHRC is headed by Justice (Retired) Bala Krishna Narayan.

The Uttarakhand Human Rights Commission became fully functional in the true sense after appointment of Justice Vijender Jain, a former Chief Justice of Punjab and Haryana High Court who took charge as the first Chairperson on 13 May 2013. He was joined by Justice Rajesh Tandon, a former judge of Allahabad High Court & Uttarakhand High Court on 7 June 2013 as supporting member of the commission. The Secretary is Aparna Pandey

The West Bengal Human Rights Commission is an agency of the Government of West Bengal, India. It was established based on Notification No. 42 HS/HRC Dt: 31-01-1995 to exercise the powers conferred upon and to perform the functions assigned to the State Human Rights Commission under Chapter V of the Protection of Human Rights Act. Section 21(2). The commissions become fully functional vied its Notification No. 180 HS/HRC Dt: 13-04-1995.

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.

References

  1. 1 2 "Documents - National Human Rights Commission India" (PDF). Nhrc.nic.in. Retrieved 29 January 2019.
  2. "SIKKIM STATE HUMAN RIGHTS COMMISSION". Sshrc.nic.in. Retrieved 29 January 2019.