AI Overview...
Scope of Complainant under the Human Rights Protection Act
-
Scope of the Complaint and Jurisdiction
The Human Rights Protection Act, 1993, empowers the Commission to inquire into violations of human rights, primarily under Section 12(a)(i). The scope includes investigating complaints related to violations of the right to life, personal liberty, and dignity, as well as examining the conduct of public authorities and officials involved in such violations R. S. Khatra, I. P. S. , Senior Superintendant Of Police VS State Of Punjab - Punjab and Haryana.
Courts have clarified that the scope involves determining whether a human rights violation has occurred, including examining evidence and witnesses, but does not extend to cross-examination rights during inquiries G. M. Prathaban VS M. Mylsamy, Tahsildar (Land Acquisition) Taluk Office Avinashi - Madras, Sankar Chatterjee VS State of West Bengal - Calcutta. -
Main Points and Insights
- The complainant can file a complaint alleging violation of fundamental rights, especially under Sections 12 to 16 of the Act.
- The Commission's inquiry can cover acts of custodial torture, custodial deaths, illegal detention, and other violations of personal liberty and dignity P. Prakash I. P. S. VS State Of Kerala, Represented By the Public Prosecutor - Kerala, N. Gopalaswami, Secretary General, Nhrc, New Delhi VS State Of Bihar - Patna.
- The scope includes reviewing safeguards under the Constitution and law, and recommending measures for protection and effective implementation Airport Authority of India VS Jammu and Kashmir State Human Rights Commission Jammu - Jammu and Kashmir.
-
The complaint must specify the nature of violation, and the Commission has the authority to summon witnesses, examine evidence, and recommend action but does not have the power to conduct a trial or cross-examination Sankar Chatterjee VS State of West Bengal - Calcutta.
-
Protection and Immunity of Public Servants
The Act and related laws specify that public servants are protected under Section 197 of the Criminal Procedure Code only when acts are reasonably connected to their official duties. This limits the scope of protection for public officials accused of human rights violations, especially in cases of custodial death or torture SRI.MANJESHWARA Vs SRI.DHARME GOWDA - Karnataka. -
Main Points and Insights
- The complainant under the Act includes victims or their representatives alleging violations of rights such as the right to life and liberty.
- The Commission acts as a quasi-judicial body, with powers to inquire, recommend, and oversee investigations but not to prosecute R. S. Khatra, I. P. S. , Senior Superintendant Of Police VS State Of Punjab - Punjab and Haryana.
- The scope of inquiries involves examining whether violations occurred, and safeguarding constitutional rights, including the right to be heard, though it does not extend to cross-examination rights Sankar Chatterjee VS State of West Bengal - Calcutta.
Analysis and Conclusion
The scope of a complainant under the Human Rights Protection Act, 1993, encompasses filing allegations of violations of fundamental rights, especially relating to life and personal liberty, which the National and State Human Rights Commissions are empowered to investigate. The complaint's main focus is to establish whether rights have been violated, with the Commission acting as an inquiry body rather than a court. Public officials' immunity depends on the connection of their acts to their official duties, limiting liability in certain cases. Overall, the Act provides a broad but specific framework for addressing human rights violations, emphasizing investigation, inquiry, and recommendation, with procedural safeguards to ensure rights are protected during the process.
Search Results for "Scope Complainant under the Human Right Protection Act"
1999 0 Supreme(P&H) 623 • India - Punjab and Haryana
MEHTAB S.GILL, G.S.SINGHVI
OFFICER - INQUIRY INTO COMPLAINT OF VIOLATION OF HUMAN RIGHTS - PROTECTION OF HUMAN RIGHTS - SCOPE AND POWERS OF THE COMMISSION. ... Section 12(a)(i) of the Protection of Human Rights Act, 1993 empowers the Commission to inquire into complaints of violation of human ... PROTECTION OF HUMAN RIGHTS ACT, 1993 - SECTION 12, 13, 14, 15, 16 - JURISDICTION OF THE COMMISSION - PERSONAL AFFIDAVIT OF POLICE....
2007 0 Supreme(Mad) 2351 • India - Madras
A.C.ARUMUGAPERUMAL ADITYAN
Ratio Decidendi: The court held that the scope of the complaint filed under the Protection of Human Rights Act 1993 is to ... of the complaint filed under the Protection of Human Rights Act 1993 is to decide whether there is any violation of human rights ... Issues: Scope of examination of additional witnesses in a case related to the violation of human rights under the Protection ... The learne....
2001 0 Supreme(MP) 733 • India - Madhya Pradesh
ARUN MISHRA
Human Rights - Violation of Human Rights - Protection of Human Rights Act, 1993 - Section 16, Regulation 8, Regulation 18 - The ... It highlighted the provisions of the Protection of Human Rights Act, 1993, including Section 16, Regulation 8, and Regulation 18, ... the Protection of Human Rights Act, 1993, and concluded that the petitioners' conduct warranted dismissal of the writ petitions. ... I....
• India - Crimes
M.M.PUNCHHI, S.P.KURDUKAR
sentence-Appeals-Unlawful assembly formed with commrin object to take revenge-Accused immobilised victims by causing gun shot injuries-Act ... ... Held: The accused persons had shown scant regard for the human dignity ... the manner of commission of crime, motive for commission of crime and criminals, magnitude of the crime and little regard for the human ... Sandeep (since deceased) a boy aged about 10 years, was the younger brother of the complainant, came out and started abusing the accused persons. ... According to ....
2020 0 Supreme(J&K) 530 • India - Jammu and Kashmir
RAJESH BINDAL, JAVED IQBAL WANI
(d) Review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommended measures for their effective implementation; (e) Review the factors, including acts of terrorism, that inhibit the ... the protection of these rights through publications, the media, seminars and other available means; (h) Encourage the efforts of non-governmental organizations and institutions working in the field of human rights; (i) Such other functions as it may ....
1999 0 Supreme(Cal) 282 • India - Calcutta
SAMARESH BANERJEA
The scope of the right to be heard under Section 16 of the Protection of Human Rights Act, 1993 does not include the right to cross-examine ... PROTECTION OF HUMAN RIGHTS ACT, 1993 - SECTION 12, 14(5), 16, 18(1) - WEST BENGAL HUMAN RIGHTS COMMISSION (PROCEDURE) REGULATIONS ... - REGULATION 7(2)(A) - RIGHT TO BE HEARD - OPPORTUNITY TO CROSS-EXAMINE WITNESSES - SCOPE OF JUDICIAL RE....
2000 0 Supreme(Pat) 922 • India - Patna
SHIVA KIRTI SINGH
Constitution of India-Article 21 read with Section 17 of Protection of Human Rights Act, 1993-Custodial deaths-No person shall be ... deprived of his life or personal liberty except according to procedure established by law-Protection of personal liberty guaranteed ... ... Code of Criminal Procedure, 1973-Section 202-Scope of-Second complaint ... The petitioner in this writ application is Secretary General of National Human Rights Commission (NHRC), a body constituted under section 3 ....
2011 0 Supreme(Ker) 283 • India - Kerala
K.HEMA
was alleged of custodial torture and harassment - It is contended before the High Court that the petitioner is entitled to the protection ... Varghese Prem, learned counsel for respondent/complainant, strongly contented that a public servant will not get any protection under Section 197 of the Code for all the acts committed by him. ... Personal liberty is a sacred and cherished right guaranteed by Indian Constitution to its citizen. The expression "life or personal liberty" includes the right to live w....
2007 0 Supreme(Gau) 88 • India - Gauhati
T.NANDAKUMAR SINGH
Human Rights Commission - Writ Petition - Protection of Human Rights Act, 1993, Section 18 Fact of the Case: The ... duties as per Section 18 of the Protection of Human Rights Act, 1993, based on a complaint regarding the death of an individual ... of Human Rights Act, 1993. ... For easy reference, Section 17 of the Protection of Human Rights Act, 1993 is quoted hereunder: ... 1....
• India - High Court of Karnataka
SREENIVAS HARISH KUMAR
Whether the petitioners were entitled to protection under section 170 of the Karnataka Police Act and section 197 of the Code of ... The protection is available only when the alleged act done by the public servant is reasonably connected with the discharge of his ... The protection given under Section 197 of the Criminal Procedure Code read with Section 170 of the Karnataka Police Act has its limitations ... The respondent is the complainant. ... The petitioners, bein....
Filter by Legal Phrase
