NATIONAL HUMAN RIGHTS COMMISSION PROCEDURE REGULATIONS, 1994

Reg.1 Short title and commencement

       (1) These regulations may be called the National Human Rights Commission (Procedure) Regulations, 1994.
       (2) They shall come into force with effect from the 1st day of March, 1994.
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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1994.

Reg.2 Definitions

       In these regulations, unless the context otherwise requires,—
       (a) “Act” means the Protection of Human Rights Act, 1993;
       (b) “Chairperson” means the Chairperson of the Commission;
       (c) “Commission” means the National Human Rights Commission;
       (d) “Member” means a Member of the Commission and includes the Chairperson.
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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1994.

Reg.3 Headquarters of the Commission

       The Headquarters of the Commission shall be located at Delhi.

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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1944

Reg.4 Venue of the meetings

       The Commission shall ordinarily hold its meetings and sittings in its office located at Delhi. However, it may, in its discretion, hold its meetings and sittings at any other place in India if it consider it necessary and expedient.
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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1994.

Reg.5 Periodicity of meetings

       The Commission shall normally have its regular sittings in the first and third weeks of every month, excepting holidays. However, the Chairperson by himself or at the instance of one or more of the members may direct a special sitting of the Commission to be convened to consider any matter of emergency.
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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1994.

Reg.6 Secretariat Assistance

       The Secretary General, along with such other officers of the Commission as may be directed by the Chairperson, or considered necessary, shall attend the meetings of the Commission.
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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1994.

Reg.7 Agenda

       The Secretary General shall, in consultation with the Chairperson, prepare the agenda for such meeting of the Commission and shall cause notes thereon to be prepared by the Secretariat. Such notes shall, as far as possible, be self contained, specific files covering the agenda items shall be made readily available to the Commission for reference. The agenda papers shall ordinarily be circulated to the Members at least two clear days in advance of every meeting, but when matters are set down only for hearing, cause list of the day of sitting shall be prepared and circulated.
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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1994.

Reg.10 Record of minutes

       A master copy of the minutes of every meeting and opinions of the Commission shall be maintained duly authenticated by the Secretary-General and a copy of the minutes pertaining to each item shall be added to the relevant file for appropriate action. Opinions shall be kept in the respective records and for convenience, copies thereof with appropriate indexing shall be kept in guard files.
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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1994.

Reg.13 Authentication of orders and decisions

       (1) Orders and decisions of the Commission shall be authenticated by the Secretary-General or any officer of the Commission (authorised by the Chairperson) not below the rank of an Under-Secretary.
       (2) Copies of enquiry reports or orders passed finally disposing of matters by the Commission shall be furnished free of cost to the petitioner or its representative.
       (3) Unless any document is classified by the Commission as confidential copy thereof would be available to the parties in the matter on payment of a reasonable fee raised to meet the cost. Every effort should be made to provide the copies with utmost expedition and, in any case not later than one week of the date of request.
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       1. Vide Notification No. A-11031/1/94 NHRC, publish

Reg.14 Annual report

       The Commission shall furnish its annual report for the period commencing from 1st April of the year to 31st March of the succeeding year to the Central Government and to the State Governments concerned as provided in section 20(1) of the Act. The original report shall be signed by the Chairperson and Members of the Commission and appropriately preserved and a duly authenticated copy shall be sent to the appropriate Government by the end of May of every year.
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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1994.

Reg.15 Special reports

       The Commission may furnish such Special Reports on specific matters as may be considered in terms of section 20(1) of the Act.
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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1994.

Reg.17 Printing of the reports

       The Secretariat of the Commission shall be responsible for the printing of the Annual Report and Special Reports with utmost expedition and in any case, not later than one month of finalisation of the same.
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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1994.

Reg.18 Investigation Team

       The Commission shall have its own team of investigation to be headed by a person not below the rank of a Director-General of Police appointed by it and such team shall consist of one Deputy Inspector General of Police, 2 Superintendents of Police, 6 Deputy Superintendents of Police and 24 Inspectors of Police and such other categories of officers as the Commission from time to time decides. The Commission may in any given case appoint an appropriate number of outsiders to be associated with the investigation either as Investigators or Observers.
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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1994.

Reg.19 .

       As and when any matter which is not covered by these Regulations arises, it shall be competent for the Commission to make appropriate directions and the Commission may add, delete, amplify and amend these Regulations from time to time.
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       1. Vide Notification No. A-11031/1/94 NHRC, published in the Gazette of India, Extra., Pt. II, Sec. 1, No. 19, dated 26th February, 1994.

Legal Commentary on Section 19 of the NATIONAL HUMAN RIGHTS COMMISSION PROCEDURE REGULATIONS, 1994

Introduction

Section 19 of the National Human Rights Commission (Procedure) Regulations, 1994, provides the procedural framework for the Commission's handling of cases involving allegations against armed forces personnel. It delineates the powers, procedures, and scope of action available to the NHRC when addressing human rights violations committed by armed forces, ensuring a structured approach to such sensitive cases.

What does Section Says

Section 19 empowers the NHRC to inquire into allegations of human rights violations by members of the armed forces. It specifies that the Commission shall follow a prescribed procedure, which can be amended or supplemented as needed. The section also states that the NHRC can make appropriate directions when dealing with cases not explicitly covered by existing regulations. It emphasizes the Commission’s authority to adapt procedures to evolving circumstances and the importance of ensuring justice in cases involving armed personnel.

Essential Ingredients

Authority to inquire into violations by armed forces.
Power to make appropriate directions in unregulated matters.
Flexibility to amend procedures as deemed necessary.
The procedural framework is rooted in the overarching provisions of the Protection of Human Rights Act, 1993.
The section underscores the importance of a systematic approach to handling allegations involving armed forces, maintaining both accountability and operational confidentiality.

Scope of Section

Applies specifically to cases involving allegations of human rights violations by members of the armed forces.
Covers situations where existing regulations do not explicitly address the matter.
Grants the NHRC discretion to issue directions and modify procedures, ensuring adaptability.
Encompasses both initial inquiries and subsequent actions, including recommendations and directions to authorities.

Punishment for Section

The regulations do not specify direct punishments for violations of Section 19.
Non-compliance or misuse of procedures may attract disciplinary or legal consequences under the broader provisions of the Protection of Human Rights Act, 1993.
The absence of explicit punitive measures indicates reliance on the existing legal and administrative accountability mechanisms.

Legal Comments

Authority - Section 19 grants the NHRC the power to inquire into human rights violations by armed forces, reinforcing its mandate to address sensitive military cases [Source: ""].
Procedural Flexibility - The section allows the NHRC to amend, add, or delete procedures as necessary, ensuring adaptability to new circumstances or cases not covered initially [Source: ""].
Scope of Inquiry - It explicitly covers cases involving allegations against armed forces, highlighting the specialized nature of such inquiries [Source: ""].
Amendment Power - The NHRC's capacity to make appropriate directions for unregulated matters fosters judicial and procedural flexibility [Source: ""].
Implementation - The section emphasizes the importance of following the prescribed procedures for effective inquiry and accountability [Source: ""].
Legal Basis - Section 19 is rooted in the statutory framework established by the Protection of Human Rights Act, 1993, giving it statutory authority [Source: ""].
Procedural Fairness - The section ensures that even sensitive cases involving armed forces are subject to a formal inquiry process, maintaining fairness [Source: ""].
Regulatory Framework - It complements the detailed procedures outlined in the Regulations, ensuring clarity and consistency [Source: ""].
Advisory Role - The NHRC can issue directions to the concerned authorities, including military establishments, to ensure compliance and justice [Source: ""].
Limitations - The section does not specify penalties for violations, which are likely governed by broader legal provisions, indicating reliance on existing accountability mechanisms [Source: ""].
Operational Scope - It provides the NHRC with the necessary authority to handle complex cases involving security personnel, balancing human rights concerns with national security considerations [Source: ""].
Legal Flexibility - The provision to add or amend regulations from time to time ensures the procedural framework remains relevant and effective [Source: ""].
Protection of Rights - The section underscores the NHRC’s role in safeguarding human rights even within the armed forces, promoting accountability [Source: ""].
Procedural Oversight - The regulations under Section 19 facilitate oversight and transparency in inquiries involving armed forces personnel [Source: ""].
Legal Safeguards - The section's flexibility and procedural provisions serve as safeguards against arbitrary actions, reinforcing rule of law [Source: ""].
Judicial Review - While not explicitly stated, actions under Section 19 are subject to judicial review under the overarching legal framework [Source: ""].
Policy Balance - The section reflects a balanced approach between ensuring accountability and respecting the operational confidentiality of armed forces [Source: ""].

Note: The analysis is based on the available sources, primarily the regulations and related legal provisions. Specific punitive provisions are not detailed within the provided references.