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Sutharyakeralam

  www.suthaya.kerala.gov.in 
 
 
 


 Kerala State Human Rights Commission

The Organisation Functions Investigations Powers Procedures

The Organisation

The Kerala State Human Rights Commission was constituted on 11th December 1998, by an order of the Government of Kerala, as per Section 21 of the Protection of the Human Rights Act, 1993. Human rights means, the rights relating life, liberty, equality and dignity of the individual, guaranteed by the constitution or embodied in the international covenants and enforceable by courts in India.

Office Address
Kerala State Human Rights Commission
Arka Nilayam
M.P. Appan Road
Vazhuthacaud
Thiruvananthapuram-14
Ph : 0471 - 2337263
www.kshrc.kerala.gov.in

Members

Chairman

Sri. Justice N. Dinakar . Ph. 2331221 (O)

Member Sri. Justice V. P. Mohan Kumar. Ph. 2337145 (O)

Member

Prof. S. Varghese : Ph. 2337147 (O) 2337490 (R)

Member Kumari Justice. A. Lakshmikutty : Ph. 2337146 (O)

Secretary

Smt. S. T. Christilda Celine: Ph. 2336522 (O)

Registrar

Sri. K. Madhusoodanan Nair : Ph. 2337143 (O)

 

Functions

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, into complaint of-

1. violation of human rights or abetment thereof; or
2. 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;

(c) visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon;

(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 make recommendations for their effective implementation:

review the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures;

(f) study treaties and other international instruments on human rights and make recommendations for their effective implementation;

(g) undertake and promote research in the field of human rights;

(h) 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;

(i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights;

(j) such other functions as it may consider necessary for the promotion of human rights.

Investigation

(1) The Commission may, for the purpose of conducting and 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

(3) The provisions of section 15 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub-section (1) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission

(4) The officer or agency whose services are utilised under sub section (1) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Commission within such period as may be specified by the Commission in this behalf.

the Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the report submitted to it under sub-section (4) and for this purpose the Commission may make such inquiry (including the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit.

Powers

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 (5 of 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 commission for the examination of witnesses documents;
any other matter which may be prescribed.

(2)The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and 177 of the Indian Penal Code (45 of 1860).(3)The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the revisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), in so far as it may be applicable.

(4)The Commission shall be deemed to be a civil court and when any offence as is described in Section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (2 of 1974), forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.

(5)Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code (45 of 1860), and the Commission shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

Procedures

1. 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 sub- ordinate 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;

2) wihtout prejudice to anything contained in clause (i), if it considers necessary, having regard to the nature of the complaint, initiate an inquiry.

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 action 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 deem 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;

(4)subject to the provisions of clause (5) provide, a copy of the inquiry report to the petitioner or his representative;

(5) 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;

(6)the Commission shall public 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.

3. Procedure with respect to armed forces:

(1) Not withstanding 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 public 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.

 


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for Public Relations Department, Govt. of Kerala.