S.1 Short title, extent and commencement

       (1) This Act may be called the Protection of Human Rights Act, 1993.
       (2) It extends to the whole of India:
       Provided that it shall apply to the State of Jammu and Kashmir only in so far as it pertains to the matters relatable to any of the entries enumerated in List I or List III in the Seventh Schedule to the Constitution as applicable to that State.
       (3) It shall be deemed to have come into force on the 28th day of September, 1993.

S.2 Definitions

       (1) In this Act, unless the context otherwise requires,—
       (a) “armed forces” means the naval, military and air forces and includes any other armed forces of the Union;
       (b) “Chairperson” means the Chairperson of the Commission or of the State Commission, as the case may be;
       (c) “Commission” means the National Human Rights Commission constituted under section 3;
       (d) “human rights” means the 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;
       (e) “Human Rights Court’’ means the Human Rights Court specified under section 30;
      &

S.3 Constitution of a National Human Rights Commission

       (1) The Central Government shall constitute a body to be known as the National Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to, it under this Act.
       (2) The Commission shall consist of—
       (a) a Chairperson who has been a Chief Justice of the Supreme Court;
       (b) one Member who is, or has been, a Judge of the Supreme Court;
       (c) one Member who is, or has been, the Chief Justice of a High Court;
       (d) two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
       (3) The Chairperson of the National Commission for Minorities, 1[The Nation

S.4 Appointment of Chairperson and other Members

       (1) The Chair­person and 1[the Members] shall be appointed by the President by warrant under his hand and seal:
       Provided that every appointment under this sub-section shall be made after obtaining the recommendations of a Committee consist­ing of—
       (a) the Prime Minister—Chairperson;
       (b) Speaker of the House of People—Member;
       (c) Minister in-charge of the Ministry of Home Affairs in the Government of India—Member;
       (d) Leader of the Opposition in the House of the People—Member;
       (e) Leader of the Opposition in the Council of States—Member;
       (f) Deputy Chairman of the Council of State—Member:
 &n

S.5 Resignation and removal of Chairperson and Members

       (1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of India, resign his office.
       (2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed.
       (3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the Chairperson or any Member if the Chairperson or such Member, as the case may be,—
       (a)

S.6 Term of office of Chairperson and Members

       (1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier.
       (2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years:
       Provided that no Member shall hold office after he has attained the age of seventy years.
       (3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of India or under the Government of any State.]
       -----------------------------
       1. Subs. by Act 43 of 200

S.7 Members to act as Chairperson or to discharge his functions in certain circumstances.-

       (1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the President may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.
       (2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the Members as the President may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.

S.8 Terms and conditions of service of Chairperson and Members

       The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed:
       Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointment.]
       -------------------------------
        1. Subs. by Act 43 of 2006, sec. 7, for section 8 (w.e.f. 23-11-2006). Section 8, before substitution, stood as under:
        “8. Terms and conditions of service of Members.—The salaries and allowances payable to, and other terms and conditions of service of, the Members shall be such as may be prescribed:
       

S.9 Vacancies, etc., not to invalidate the proceedings of the Commission

       No act or proceedings of the Commission shall be questioned or shall be invalidated merely on the ground of exist­ence of any vacancy or defect in the Constitution of the Commis­sion.

S.10 Procedure to be regulated by the Commission

       (1) The Commis­sion shall meet at such time and place as the Chairperson may think fit.
       1[(2) Subject to the provisions of this Act and the rules made thereunder, the Commission shall have the power to lay down by regulations its own procedure.]
       (3) All orders and decisions of the Commission shall be authenti­cated by the Secretary-General or any other officer of the Com­mission duly authorised by the Chairperson in this behalf.
       -------------------------
        1. Subs. by Act 43 of 2006, sec. 8, for sub-section (2) (w.e.f. 23-11-2006). Sub-section (2), before substitution, stood, as under:
        “(2) The Commission shall regulate its own procedure.”

S.11 Officers and other staff of the Commission

       (1) The Central Government shall make available to the Commission—
       (a) an officer of the rank of Secretary to the Government of India who shall be the Secretary-General of the Commission; and
       (b) such police and investigative staff under an officer not below the rank of a Director General of Police and such other officers and staff as may be necessary for the efficient perfor­mance of the functions of the Commission.
       (2) Subject to such rules as may be made by the Central Govern­ment in this behalf, the Commission may appoint such other admin­istrative, technical and scientific staff as it may consider necessary.
       (3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) shall be such

S.12 Functions of the Commission

       The 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 1[or on a direction or order of any court], 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 of human rights pending before a court with the appro­val of such court;
       2[(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

S.13 Powers relating to inquiries

       (1) The Commission shall, while inquiring into complaints under this Act, have all the powers of a 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) requisitioning 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.
       (2) The Comm

S.14 Investigation

       (1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the Cen­tral Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be.
       (2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub-section (1) may, subject to the direction and control of the Commission,—
       (a) summon and enforce the attendance of any person and examine him;
       (b) require the discovery and production of any document; and
       (c) requisition any public record or copy thereof from any office.
     &nb

S.15 Statement made by persons to the Commission

       No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:
       Provided that the statement—
       (a) is made in reply to the question which he is required by the Commission to answer; or
       (b) is relevant to the subject matter of the inquiry.

S.16 Persons likely to be prejudicially affected to be heard

       If, at any stage of the inquiry, the Commission—
       (a) considers it necessary to inquire into the conduct of any person; or
       (b) is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry,
       it shall give to the person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence:
       Provided that nothing in this section shall apply where the credit of a witness is being impeached.

S.17 Inquiry into complaints

       The Commission while inquiring into the complaints of violations of human rights may—
       (i) call for the 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—
       (a) 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;
       (b) 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;
 

S.18 Steps after inquiry.-

       The Commission may take any of the following steps 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 by a public servant, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other auction as the Commission may deem fit against the concerned person or persons;
       (2) approach the Supreme Court or the High Court Concerned for such directions, orders or writs as that court may deemed necessary;
       (3) 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;
 &nbs

S.19 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:—
       (a) it may, either on its own motion or on receipt of a petition, seek a report from the Central Government;
       (b) 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 act

S.20 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.

S.21 Constitution of State Human Rights Commission

       (1) A State Government may constitute a body to be known as the ............................. (Name of the State) Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to a State Commission under this Chapter.
       1[(2) The State Commission shall, with effect from such date as the State Government may by notification specify, consist of—
       (a) a Chairperson who has been a Chief Justice of a High Court;
       (b) one Member who is, or has been, a Judge of a High Court or District Judge in the State with a minimum of seven years experience as District Judge;
       (c) one Member to be appointed from among persons having knowledge of or practical experience in matters relating to human rights.]
  &nbs

Legal Commentary on Section 21 of the Protection of Human Rights Act, 1993

Introduction

Section 21 of the Protection of Human Rights Act, 1993, provides the legal framework for the constitution and functioning of State Human Rights Commissions (SHRCs). These commissions are vital for the protection and promotion of human rights at the state level, complementing the national body and judicial mechanisms. The section emphasizes the role of state governments in establishing these commissions and delineates their composition, powers, and responsibilities.

What does Section 21 Say

• Section 21(1): Permits a State Government to constitute a State Human Rights Commission ("SHRC") by notification.
• Section 21(2): Specifies that the SHRC shall consist of a Chairperson and Members appointed by the Governor.
• Section 21(3): Mandates the appointment of a Secretary (Chief Executive Officer) who shall exercise delegated powers.
• Section 21(4): Provides that the Commission shall regulate its own procedure and all decisions shall be authenticated by an authorized officer.
• Section 21(5): States that the Commission can inquire suo motu or on complaint, and recommend action including prosecution.
• Section 21(6): Details the procedure for filling vacancies and the importance of timely appointments.

Essential Ingredients

• Constitution of the Commission: The power rests with the State Government to establish a SHRC, which must include a Chairperson and Members.
• Appointment process: The Chairperson and Members are appointed by the Governor, based on criteria laid down in the Act.
• Composition: The Chairperson must be a retired Chief Justice of a High Court; Members should have expertise in human rights.
• Secretary: The Commission must have a Secretary, who is the Chief Executive Officer, authorized by the Chairperson.
• Functioning: The Commission can inquire suo motu or upon receiving complaints, and recommend measures including prosecution and compensation.
• Procedure: The Commission regulates its own procedures, and decisions are to be authenticated by authorized officers.
• Vacancies: The Act emphasizes the importance of filling vacancies promptly to ensure effective functioning.

Scope of Section 21

• Discretionary power of the State: The use of "may" indicates that the State Government has the discretion to constitute a SHRC, but judicial interpretation suggests this is a duty rather than a mere power.
• Implementation obligation: Courts have interpreted that the obligation to establish a SHRC is mandatory to uphold citizens' right to access justice and human rights protection.
• Operational framework: The section provides a detailed structure for appointment, procedure, and functioning, ensuring the independence and authority of the Commission.
• Judicial oversight: Courts have upheld the necessity of timely constitution and functioning of SHRCs, emphasizing their role in safeguarding rights.

Punishment for Section Violations

• Non-establishment or delay: Failure by State Governments to constitute or fill vacancies in the SHRC can lead to judicial directions or mandamus orders.
• Legal consequences: While the Act itself does not prescribe specific penal sanctions for non-compliance, courts have compelled states to act under their constitutional obligation.
• Implication of inaction: Persistent neglect undermines the effectiveness of human rights protection, and courts may hold such inaction as arbitrary or unconstitutional, potentially attracting judicial review and contempt proceedings.

Legal Comments

• "Mandatory nature" - Courts have held that the use of "may" in Section 21(1) should be construed as "shall," making the constitution of the SHRC a mandatory duty of the State Government to ensure access to justice and human rights protection [Bimal Kumar Chanda VS State of Tripura].
• "Constitutional obligation" - The establishment of State Human Rights Commissions is an obligation under the Constitutional principles of Article 21, which guarantees the right to life and liberty, and the international covenants ratified by India [Bimal Kumar Chanda VS State of Tripura].
• "Judicial enforcement" - Courts have issued writs of mandamus directing State Governments to constitute and fill vacancies in SHRCs within specified timeframes, emphasizing the duty to uphold citizens' rights [Dalit Manavadhikar Kendra Samiti VS State of Rajasthan].
• "Discretion vs. duty" - Although the language of "may" suggests discretion, judicial interpretation has clarified that it confers a duty on the State to establish the Commission, especially when neglect impairs human rights enforcement [Kunhiraman Nair K. M. VS Divisional Manager Indian Railway].
• "Timely appointment" - Courts have stressed the importance of filling vacancies promptly, with directions to fill all vacant posts within three months, to prevent the Commission from becoming dysfunctional [Alla Venkata Sanath Babji Reddy VS Government of Andhra Pradesh, rep. by its Secretary, Home Department].
• "Dysfunctionality of SHRCs" - Non-functioning or vacant SHRCs defeat their purpose, and courts have directed States to fill vacancies to ensure effective redressal of human rights violations [PEOPLES UNION FOR CIVIL LIBERTIES, U. P. BENCH VS STATE OF UTTAR PRADESH].
• "Scope of powers" - The powers of the State Human Rights Commission include inquiry, recommendation of prosecution, and compensation, but do not extend to trial or penal proceedings; these remain within the jurisdiction of criminal courts [MISS GAYATRI PANDA VS MAHESWAR MOHANTY].
• "Independence of the Commission" - The Act provides for the independence of the Commission, with procedures for appointment and regulation of its functioning, but courts have emphasized the need for State cooperation to maintain its autonomy [Tage Lapung VS State of Arunachal Pradesh].
• "Legal effect of non-compliance" - Courts have used writ jurisdiction to compel the State to act under Section 21, and persistent neglect can be challenged as violation of constitutional rights [Extra Judl. Exec. Victim Families Assn. VS Union of India].
• "Role of courts" - Judicial review under Articles 226 and 32 ensures that the State fulfills its obligation to establish and maintain effective human rights institutions, reinforcing the rule of law and human rights principles [Manipur Human Rights Commission VS State of Manipur].
• "International context" - The international covenants and UN declarations underscore the importance of establishing independent and effective State Human Rights Commissions as part of global human rights obligations [Thalassery Municipality VS Kerala State Human Rights Commission Represented by It’s Secretary].
• "Legislative intent" - The use of "may" in Section 21(1) is interpreted as implying a duty, especially when the purpose is to promote human rights and prevent state inaction from impeding citizens' rights [G. Naganna VS State Of Andhra Pradesh].
• "Effect of inaction" - Failure to establish or properly function SHRCs can be challenged as arbitrary and violative of the right to access justice, leading to judicial intervention [MISS GAYATRI PANDA VS MAHESWAR MOHANTY].
• "Judicial directives" - Courts have issued specific directions for appointment of Chairpersons and Members, and for setting up Human Rights Courts, to operationalize the statutory framework effectively [Bimal Kumar Chanda VS State of Tripura].
• "Procedural safeguards" - The Act provides for the regulation of procedures and authentication of decisions, ensuring transparency and accountability of the Commissions [K. SARAVANAN KARUPPASAMY VS STATE OF TAMILNADU].
• "Role of the Secretary" - The appointment of a Secretary as the Chief Executive Officer under Section 21(3) is crucial for effective administration; courts have emphasized the importance of proper appointment and functioning [Th. Suresh Singh VS State of Manipur].
• "Effectiveness of SHRCs" - The effectiveness depends on timely appointments, operational independence, and proactive functioning; courts have consistently urged States to avoid delays and ensure functional Commissions [Thalassery Municipality VS Kerala State Human Rights Commission Represented by It’s Secretary].

Summary

Section 21 of the Protection of Human Rights Act, 1993, establishes a framework that makes the constitution of State Human Rights Commissions a duty rather than a mere power, reinforced by judicial interpretation. The courts have consistently emphasized the importance of timely constitution, filling vacancies, and ensuring independence to uphold citizens' fundamental rights under Articles 21 and 14, and international obligations. Non-compliance or delay in establishing these bodies can be challenged through writ petitions, and courts have actively directed States to fulfill their constitutional and statutory obligations for the effective protection of human rights at the state level.

**- ["Bimal Kumar Chanda VS State of Tripura"]- ["M. Kumbaiah VS Government of Karnataka rep by its Chief Secretary"]- ["Dalit Manavadhikar Kendra Samiti VS State of Rajasthan"]- ["Kunhiraman Nair K. M. VS Divisional Manager Indian Railway"]- ["MISS GAYATRI PANDA VS MAHESWAR MOHANTY"]- ["Th. Suresh Singh VS State of Manipur"]- ["PEOPLES UNION FOR CIVIL LIBERTIES, U. P. BENCH VS STATE OF UTTAR PRADESH"]- ["G. Naganna VS State Of Andhra Pradesh"]- ["Thalassery Municipality VS Kerala State Human Rights Commission Represented by It’s Secretary"]- ["Tage Lapung VS State of Arunachal Pradesh"]

S.22 Appointment of Chairperson and 2[Members] of State Commission

       (1) The Chairperson and 1[Members] shall be appointed by the Governor by warrant under his hand and seal:
       Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of—
       (a) the Chief Minister—Chairperson;
       (b) Speaker of the Legislative Assembly—Member;
       (c) Minister in-charge of the Department of Home in that State—Member;
       (d) Leader of the Opposition in the Legislative Assembly—Member:
       Provided further that where there is a Legislative Council in a State, the Chairman of that Council and the Leader of the Opposition in that Council shall also be members of the Committee:
 

S.23 Resignation and Removal of Chairperson or a Member of the State Commission]

       2[(1) The Chairperson or a Member of a State Commission may, by notice in writing under his hand addressed to the Governor, resign his office.
       (1A) Subject to the provisions of sub-section (2), the Chairperson or any Member of the State Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such Member, as the case may be, ought on any such ground to be removed.]
       (2) Notwithstanding anything in 3[sub-section (1A)], the President may by order remove from office the Chairperson or any 4[Member] if the Chairperson or such 4[Member], as the case may be,—
 &n

S.24 Term of office of Chairperson and Members of the State Commission

       (1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier.
       (2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years:
       Provided that no Member shall hold office after he has attained the age of seventy years.
       (3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of a State or under the Government of India.]
       ------------------------------------------
        1. Subs.

S.25 Member to act as Chairperson or to discharge his functions in certain circumstances.-

       (1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation, or otherwise, the Governor, may, by notification, authorise one of the Members to act as the chairperson until the appointment of a new Chairperson to fill such vacancy.
       (2) when the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the Members as the Government may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the chairperson resumes his duties.

S.26 Terms and conditions of service of Members of the state Commission.-

       The salaries and allowances payable to, and other terms and conditions of service of, the Members shall be such as may be prescribed by the State Government:
       Provided that neither the salary and allowance nor the other terms and conditions of service of a Member shall be varied to his disadvantage after his appointment.

S.27 Officers and other staff of the State Commission

       The State Government shall make available to the Commission—
       (a) an officer not below the rank of a Secretary to the State Government who shall be the Secretary of the State Commission; and
       (b) such police and investigative staff under an officer not below the rank of an Inspector General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the State Commission.
       (2) Subject to such rules as may be made by the State Government in this behalf, the State Commission may appoint such other administrative, technical and scientific staff as it may consider necessary.
       (3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) shall

S.28 Annual and special reports of State Commission

       (1) The State Commission shall submit an annual report to the State Government 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 State Government shall cause the annual and special reports of the State Commission to be laid before each House of State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House along with a memorandum of action taken or proposed to be taken on the recommendations of the State Commission and the reasons for non-acceptance of the recommendations, if any.

S.29 Application of certain provisions relating to National Human Rights Commission to State Commission

       The provisions of sections 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall apply to a State Commission and shall have effect, subject to the following modifications, namely:—
       (a) references to “Commission” shall be construed as references to “State Commission”;
       (b) in section 10, in sub-section (3), for the words “ Secretary-General”, the word “Secretary” shall be substituted;
       (c) in section 12, clause (f) shall be omitted;

S.30 Human Rights Courts

       For the purpose of providing speedy trial of offences arising out of violation of human rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Session to be a Human Rights Court to try the said offences:
       Provided that nothing in this section shall apply if—
       (a) a Court of Session is already specified as a special court; or
       (b) a special court is already constituted,
       for such offences under any other law for the time being in force.

S.31 Special Public Prosecutor

       For every Human Rights Court, the State Government shall, by notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.

S.32 Grants by the Central Government

       (1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.
       (2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).

S.33 Grants by the State Government

       (1) The State Government shall, after due appropriation made by Legislature by law in this behalf, pay to the State Commission by way of grants such sums of money as the State Government may think fit for being utilised for the purposes of this Act.
       (2) The State Commission may spend such sums as it thinks fit for performing the functions under Chapter V, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).

S.34 Accounts and audit

       The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
       (2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General.
       (3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government

S.35 Accounts and audit of State Commission

       (1) The State Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India.
       (2) The accounts of the State Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor-General.
       (3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the State Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection wi

S.36 Matters not subject to jurisdiction of the Commission

       (1) The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.
       (2) The Commission or the State Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.

Legal Commentary on Section 36 of the Protection of Human Rights Act, 1993

Introduction

Section 36 of the Protection of Human Rights Act, 1993, delineates the jurisdictional limits of the Human Rights Commission (HRC), both at the national and state levels, specifically concerning the time frame within which complaints can be entertained. It emphasizes the importance of timely filing of complaints and restricts inquiries into stale matters to ensure efficiency and finality in proceedings.

What does Section 36 Say?

Section 36(1) states that the Commission shall not inquire into any matter pending before another duly constituted Commission under any law. Section 36(2) prescribes that the Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed.

Essential Ingredients

• Time Limitation: The core requirement is that complaints must be filed within one year of the act constituting the violation.
• Pending Proceedings: The section bars inquiries into matters already pending before other competent authorities or Commissions.
• Exclusion of Continuing Wrong: The section's language indicates that the limitation applies to the act itself, not necessarily to subsequent consequences or effects.
• Jurisdictional Bar: The section functions as a jurisdictional restriction, making complaints beyond the stipulated period non-maintainable.

Scope of Section 36

• Temporal Limitation: It applies strictly to the period from the date of the alleged violation to the filing of the complaint.
• Prevention of Stale Claims: Aims to prevent the adjudication of old, stale claims that could hinder the efficiency of the Commission.
• Exclusion of Certain Cases: Complaints based on acts that occurred more than one year prior are generally barred unless exceptional circumstances are established.
• Continuing Wrong Doctrine: Courts have clarified that the concept of "continuing wrong" cannot be broadly invoked to bypass the time limit, especially when the act is complete at a particular point in time.

Scope of Section 36(2)

• Strict Limitation: The section emphasizes a strict, non-extendable period of one year, with no inherent power for condonation or extension, as clarified by courts.
• Application to Different Acts: The limitation applies to all violations, whether physical, mental, or procedural, that are alleged to have occurred within the specified period.
• Knowledge of the Act: The date of knowledge of the violation is relevant; delays due to ignorance or other reasons do not generally extend the period.
• Exception for Continuing Acts: In cases like illegal detention, the offensive act is deemed complete at the time of detention, not ongoing.

Punishment for Violations

Section 36 does not prescribe specific punishments but sets procedural limits. Violations of these provisions may lead to the dismissal of complaints or petitions filed beyond the prescribed period, as courts have consistently held that the Commission's jurisdiction is barred in such cases.

Legal Comments (Bullet Point Summary)

• Jurisdictional Limitation - Section 36(2) bars inquiries into matters beyond one year from the alleged violation - [Sources: Alok VS Bihar State Human Rights Commission, 01500036115, K. Ayyammal VS Registrar, State Human Rights Commission, Chennai]
• Strict Limitation - The one-year period is strict; courts have held that it cannot be extended by condonation or equitable tolling - [Sources: Alok VS Bihar State Human Rights Commission, 01500036115]
• No Inherent Power to Condone - The Commission lacks inherent power to condone delay beyond the statutory limit - [Sources: K. Ayyammal VS Registrar, State Human Rights Commission, Chennai, 01500036115]
• Continuing Wrong Doctrine Rejected - Courts have clarified that "continuing wrong" cannot generally override the limitation period, especially when the act is complete at a particular time - [Sources: Alok VS Bihar State Human Rights Commission, 01500036115]
• Knowledge of Violation - The limitation period begins from the date the complainant becomes aware of the violation, not necessarily from the date of occurrence - [Sources: Kunhiraman Nair K. M. VS Divisional Manager Indian Railway, K. Ayyammal VS Registrar, State Human Rights Commission, Chennai]
• Application to Civil Disputes - The Act does not bar civil disputes; it restricts inquiries into violations of human rights within the prescribed period - [Sources: BABU R. S/O RAMAKRISHNAN VS CHAIRPERSON, KERALA STATE HUMAN RIGHTS COMMISSION, Alok VS Bihar State Human Rights Commission]
• Order of Supreme Court Clarified - Courts have clarified that under Article 32 and 226 of the Constitution, the jurisdiction of courts and commissions is not barred by Section 36(2) when acting suo motu or on directions of the Court - [Sources: Paramjit Kaur VS State Of Punjab, Paramjit Kaur VS State of Punjab]
• Special Power of NHRC - The NHRC and State Commissions have a sui generis power to investigate beyond the limitation period if directed by the Supreme Court or for suo motu inquiries, as clarified in landmark judgments - [Sources: Paramjit Kaur VS State Of Punjab, Paramjit Kaur VS State of Punjab]
• Limitations and Judicial Review - Courts have emphasized that the limitation under Section 36(2) is procedural and can be overridden in exceptional circumstances, especially on judicial directions - [Sources: State of Karnataka VS A. R. Infant I. P. S. , 01500004104]
• Limitation and Public Interest - The courts have held that in cases involving gross human rights violations or state atrocities, the limitation period may be relaxed or ignored to uphold justice - [Sources: Nagayya Chandrashekhar Kadadevar VS State of Karnataka, P. Rajasekaran VS Tamil Nadu Human Rights Commission]
• Application to Acts of Omission and Commission - The limitation applies to acts of omission and commission, with courts distinguishing between the two in their interpretations - [Sources: Chinnaiah VS Sakthivel, S/o. Vadivel Pillai, 01500004104]
• Impact of Pandemic - Supreme Court directions during COVID-19 have extended the limitation period, including for complaints under the Human Rights Act, recognizing extraordinary circumstances - [Sources: Monu vs Secretary-General, NHRC, 01500004104]
• No Automatic Extension - The extension of limitation during extraordinary circumstances is subject to judicial discretion; not automatic - [Sources: Monu vs Secretary-General, NHRC, 01500004104]
• Order of the Court as Guiding Principle - Courts have reiterated that the primary guideline for limitation is the statutory provision, and judicial discretion is exercised only in exceptional cases - [Sources: Regional Cancer Centre VS M. Gopalan, K. Ayyammal VS Registrar, State Human Rights Commission, Chennai]
• Limitation and Criminal Proceedings - The limitation period also influences criminal proceedings related to human rights violations, but courts have held that suo motu investigations are exempt - [Sources: Nagayya Chandrashekhar Kadadevar VS State of Karnataka, Paramjit Kaur VS State of Punjab]
• Judicial Interventions - Courts have repeatedly intervened to extend or relax limitation in cases of grave human rights violations, emphasizing the importance of substantive justice over procedural technicalities - [Sources: Paramjit Kaur VS State Of Punjab, 01500004104]
• Summary - Overall, Section 36(2) sets a clear, non-extendable time limit for complaints, but courts and commissions have carved out exceptions in the interest of justice, especially during extraordinary circumstances or on judicial directions.

Conclusion

Section 36 of the Protection of Human Rights Act, 1993, aims to uphold the finality and efficiency of human rights inquiries by imposing a strict limitation of one year from the date of the alleged violation. While this provision is clear and binding, judicial interpretations have recognized exceptions, particularly in cases of grave violations, ongoing wrongs, or extraordinary circumstances, ensuring that justice is not defeated by procedural bar. The doctrine of "continuing wrong" has been narrowly interpreted, reaffirming that the act itself, not its consequences, determines the limitation period. Courts have also emphasized that the power to investigate beyond the statutory limit is a sui generis power exercised in exceptional cases, especially upon directions from the Supreme Court.

S.37 Constitution of special investigation teams

       Notwithstanding anything contained in any other law for the time being in force, where the Government considers, it necessary so to do, it may constitute one or more special investigation teams, consisting of such police officers as it thinks necessary for purposes of investigation and prosecution of offences arising out of violations of human rights.

S.38 Protection of action taken in good faith.-

No suit or other legal proceeding shall lie against the Central Government, State Government, Commission, the State Commission or any Member thereof or any person acting under the direction either of the Central Government, State Government, Commission or the State Commission in respect of anything which is in good faith one or intended to be done in pursuance of this act or of any rules or any order made thereunder or in respect of the publication by or under the authority of the Central Government, State Government, Commission or the State commission of any report, paper or proceedings.

S.39 Members and officers to be public servants

       Every Member of the Commission, State Commission and every officer appointed or authorised by the Commission or the State Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

S.40 Power of Central Government to make rules

       (1) The Central Government may, by notification make rules to carry out the provisions of this Act.
       (a) the salaries and allowances and other terms and conditions of service of the 1[Chairperson and members] under section 8;
       (b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 11;
       (c) any other power of a civil court required to be prescribed under clause (f) of sub-section (1) of section 13;
       (d) the form in which the annual statement of accounts is to be prepared by the Commission under sub-section (1) of section 34; and
       (e) any

S.40(a) Power to make rules retrospectively

       The power to make rules under clause (b) of sub-section (2) of section 40 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]
        
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        1. Ins. by Act 49 of 2000, sec. 2 (w.e.f. 23-11-2006).

S.40(b) Power of Commission to make regulations

       (1) Subject to the provisions of this Act and the rules made thereunder, the Commission may, with the previous approval of the Central Government, by notification, make regulations to carry out the provisions of this Act.
       (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
       (a) the procedure to be followed by the Commission under sub-section (2) of section 10;
       (b) the returns and statistics to be furnished by the State Commissions;
       (c) any other matter which has to be, or may be, specified by regulations.
       (3) Every regulation made by the Commission under this Act shall be laid, as soon as m

S.41 Power of State Government to make rules

       (1) The State Government may, by notification make rules to carry out the provisions of this Act.
       (a) the salaries and allowances and other terms and conditions of service of 1[the Chairperson and Members] under section 26;
       (b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the State Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 27;
       (c) the form in which the annual statement of accounts is to be prepared under sub-section (1) of section 35."
       (3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses

S.42 Power to remove difficulties

       (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
       Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.
       (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

S.43 Repeal and savings

       (1) The Protection of Human Rights Ordinance, 1993 is hereby repealed.
       (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act.