Lok Sabha Question No. 2877 (UNSTARRED), answered on 2018-03-13
Subject: Violation of Human Rights
Ministry: HOME AFFAIRS
Asked by: ASADUDDIN OWAISI

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2877

TO BE ANSWERED ON THE 13 TH  MARCH, 2018/ PHALGUNA 22, 1939 (SAKA) VIOLATION OF HUMAN RIGHTS

2877. SHRI ASADUDDIN OWAISI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether National Human Rights Commission (NHRC) examines the cases of violation of human rights in the country;
- (b) if so, whether it is a fact that NHRC recommendations are not binding on the concerned authorities and if so, the details thereof;
- (c) whether NHRC has no backing for Protection of Human Rights Act;
- (d) if so, the rationale behind setting up this body;
- (e)  whether  the  Government  proposes  to  give  some  powers  to  NHRC  to enforce its recommendations or orders;
- (f) if so, the details thereof and if not, the reasons therefor; and
- (g)  the  steps  taken  or  being  taken  by  the  Government  to  give  some  more powers to NHRC?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a) to (f): Government of India set up the National Human Rights Commission (NHRC) under Section 3(1) of the Protection of Human Rights (PHR) Act, 1993 for  better  protection  and  promotion  of  human  rights.  The  Commission  in exercise  of  the  powers  conferred  upon  it  under  Section  12  to  19  of  the Protection of Human Rights (PHR) Act, 1993 inquires/ investigates and make recommendations in the cases of violation of human rights in the country.

Under  the  Section 12(a) of  the Act, NHRC inquire, suo-motu or on a petition presented to it by a victim or any person on his behalf into  complaint

## LS.US.Q.No.2877 FOR 13.03.2018

of (i) violation of human rights or abetment thereof or; (ii) negligence in the prevention  of  such  violation,  by  a  public  servant.  In  cases,  where  the allegations are prima facie substantiated, and the concerned authorities have not taken appropriate action in the matter, the Commission makes recommendations  as  deemed  appropriate  in  the  light  of  the  facts  and  the circumstances of each case. The recommendations broadly include appropriate  action  to  protect  human  rights,  grant  of  monetary  relief  to  the victims of human rights, or the next of the kin of the deceased victim, and /or departmental/  disciplinary  action  of  prosecution  against  the  guilty  public servant under Section 18 (a) of the Act.

Under  Section  18(b)  of  PHR  Act,  the  Commission  has  power  to approach the Supreme Court or the High Court concerned for such direction/ orders or writs as the Court may deem necessary. Further Section 20(2) of the Act, stipulates that the Central Government and the State Government, as the case may be, shall cause the annual report 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.

Under  Section  12(d)  of  the  PHR,  Act,  it  has  been  mentioned that the Commission   review  the safeguards  provided by or under the Constitution or

## LS.US.Q.No.2877 FOR 13.03.2018

any  law  for  the  time  being  in  force  for  the  protection  of  human  rights  and recommend measures for their effective implementation. (g):  Keeping  in  view  the  changes  in  the  social  realities  and  emerging dimensions in the nature of crime and violence, Government of India time to time  reviews  the  existing  laws,  procedures  and  system  of  administration including powers of the Commission.

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