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ROLE OF THE NHRC

Though the establishment of the National Human Rights Commission is a significant step, it does not always perform its duties effectively. It lacks any investigational mechanism. It is always dependent on the personnel of the federal and state governments. As a result, its investigation is not always unbiased.

In the majority of cases, it requests that the concerned Central and State Governments investigate cases of human rights violations. It also seeks judicial assistance for the victims from the Supreme Court and the High Courts. Due to its inability to provide any practical relief to the aggrieved party, Soli J. Sorabjee referred to it as "India's teasing illusion."

India is unnecessarily embroiled in a controversy over human rights violations. When an independent state takes action against all disintegrating forces, it raises the issue of human rights violations. The Indian National Human Rights Commission has effectively demonstrated its willingness to act as an effective organisation in the protection of human rights.

The Commission has a well-organized investigation division. This investigation division's primary responsibility is to investigate complaints received by the Commission. The investigation team conducts on-the-spot investigations for this purpose. The Commission's investigative role is defined in the Act. Section 11 Subsection 1(b) states, "Such police and investigative staff under and 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 Commission's functions."

The Commission divides the cases in these following categories:

1. Custodial deaths

2. Police excesses (Torture, Illegal detention\ unlawful arrest, false implication)

3. Fake encounters

4. Cases related to Women and Children

5. Atrocities on Dalits\Members of Minority community\ Disabled

6. Bonded labour

7. Armed forces\ para military forces

8. Other important cases

When the Commission receives a complaint, it requests comments from the relevant government. Following receipt of the relevant authority's comments, a detailed note on the merits of the case is prepared for the Commission's consideration. Following that, the Commission's directions and recommendations are communicated to the relevant government in accordance with Sections 18 and 19 of the Act.

After completing inquiry, the Commission may take any of the following steps under Section 18 of this Act, namely:

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.

1. Approach the Supreme Court or the High Court concerned for such directions, orders or units as that Court may deem necessary.

2. 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 subject to the provisions of clause

3. Give a copy of the inquiry report to the petitioner or his representative.

4. The Commission shall send a copy of its inquiry report together with its recommendations to the concerned government or authority who 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.

5. The Commission shall publish 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.

 

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