SC Disapproves Of Punjab and Haryana HC’s Restrictive Interpretation Of ‘Recommendations By Human Right Commission’ [Read Order]
6 years, 6 months ago

SC Disapproves Of Punjab and Haryana HC’s Restrictive Interpretation Of ‘Recommendations By Human Right Commission’ [Read Order]

Live Law  

‘A complaint may be made of violation of human rights by any person or a complaint that a public servant is being negligent in preventing such violation.’The Supreme Court has disapproved the observation in a 2005 Punjab and Haryana High Court judgment that the Human Rights Commission is only empowered to make a recommendation to the government when any violation of human rights by a. ‘A complaint may be made of violation of human rights by any person or a complaint that a public servant is being negligent in preventing such violation.’ The Supreme Court has disapproved the observation in a 2005 Punjab and Haryana High Court judgment that the Human Rights Commission is only empowered to make a recommendation to the government when any violation of human rights by a public servant is brought to its notice. In its judgment delivered on 2nd April 2005, the high court, though upholding the commission’s order, had made this observation: “Under the provisions of the Act, the Commission has been merely constituted with a function to make recommendations to the appropriate Government, when any violation of human rights by a public servant, is brought to its notice, after due investigation of the matter. Indeed such a duty to prevent violation of human rights is contemplated as being cast on a public servant and the term "public servant" is intended to operate only with regard to clause as it occurs in the Section.” It further added: “Section 12 of the Act contemplates that there may be a complaint of violation of human rights or abetment thereof by any person; or negligence to prevent such violation of human rights by a public servant.

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History of this topic

Human Rights Commissions are not to be ‘toothless tigers’: Delhi HC
1 month, 3 weeks ago

Human Rights Commissions are not to be ‘toothless tigers’: Delhi HC

The Hindu  

The Delhi High Court has observed that the purpose of the Human Rights Act and the reasons for its enactment would be nullified if the National Human Rights Commission is rendered powerless and held to be “mere recommendatory bodies”. “Human Rights Commissions are not to be ‘toothless tigers’ but have to be ‘fierce defenders’ safeguarding the most basic right of …

Human Rights Commissions Not 'Toothless Tigers', Their Recommendations Are Binding: Delhi High Court
1 month, 3 weeks ago

Human Rights Commissions Not 'Toothless Tigers', Their Recommendations Are Binding: Delhi High Court

Live Law  

The Delhi High Court has ruled that the recommendations of the State or National Human Rights Commissions are binding in nature and the purpose of enactment of the Human Rights Act would be nullified if they are held to be mere recommendatory bodies.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that holding that Human Rights …

Human Rights Commission A Quasi-Judicial Body, Must Pass Reasoned Orders: Kerala High Court
8 months ago

Human Rights Commission A Quasi-Judicial Body, Must Pass Reasoned Orders: Kerala High Court

Live Law  

The Kerala High Court has held that the Human Rights Commission being a Quasi-Judicial Body is bound to follow the principles of natural justice and must pass reasoned orders after considering the merits of the complaint. Justice Syam Kumar V.M set aside an order issued by the Kerala State Human Rights Commission on finding that an unreasoned order was passed …

State Human Rights Commission Can Only Recommend And Not Direct State Govt For Action Against Policemen: Karnataka High Court Reiterates
1 year ago

State Human Rights Commission Can Only Recommend And Not Direct State Govt For Action Against Policemen: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that the State Human Rights Commission can only recommend and not pass directions to the Government to act against policemen. A Division bench of Justice Krishna S Dixit and Justice CM Poonacha partly allowed the petition filed by C Girish Naik who works as Inspector of Police and said “The report dated 12.3.2020 issued …

Human Rights Commissions Can Only Recommend And Not Direct Payment of Compensation: Chhattisgarh High Court
3 years, 7 months ago

Human Rights Commissions Can Only Recommend And Not Direct Payment of Compensation: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court last week held that the Human Rights Commissions are a recommendatory body and has no jurisdiction to pass an order directing payment of compensation. Section 3 and Section 21 of The Protection of Human Rights Act, 1993 respectively provides for the constitution of the National Human Rights Commission and State Human Rights Commissions. Relying on Chhattisgarh …

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court
3 years, 8 months ago

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court

Live Law  

The Supreme Court observed that sanction from competent authorities under Section 197 of Code of Criminal Procedure is required to prosecute public servants if the alleged act committed is directly concerned with the official duty.The yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable …

Human Rights Commission Cannot Decide Disputes Arising Out Of Exercise Of Statutory Powers And Duties: Kerala HC [Read Judgment]
4 years, 9 months ago

Human Rights Commission Cannot Decide Disputes Arising Out Of Exercise Of Statutory Powers And Duties: Kerala HC [Read Judgment]

Live Law  

The Human Rights Commission cannot decide any dispute which arises out of an exercise of statutory powers and duties, the Kerala High Court has observed. The Court was considering a writ petition filed by Kerala State Electricity Board challenging an order of State Human Rights commission directing it to remove four stay wires from the property of the complainant. While …

Section 197 CrPC: Employees Of Public Sector Corporations Are Not Entitled To Protection Of Sanction As 'Public Servant': SC [Read Judgment]
5 years, 7 months ago

Section 197 CrPC: Employees Of Public Sector Corporations Are Not Entitled To Protection Of Sanction As 'Public Servant': SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that those employees of public sector corporations are not entitled to the protection under Section 197 of the Code of Criminal Procedure, as 'public servant'.The bench comprising Justice Navin Sinha and Justice AS Bopanna were considering an appeal against rejecting the challenge to their prosecution for lack of sanction under Section 197 of the Code …

Why No 'Human Rights Court' Yet? SC Pulls Up States [Read Order]
6 years, 2 months ago

Why No 'Human Rights Court' Yet? SC Pulls Up States [Read Order]

Live Law  

The Supreme Court has pulled up states for not setting up 'Human Rights Courts' yet. Basu vs. State of West Bengal, the Supreme Court had directed the State Governments to take appropriate action in terms of Section 30 of the Protection of Human Rights Act, 1993, in regard to setting up/specifying the Human Rights Courts. There is nothing on record …

Appoint Manipur Human Rights Commission’s Office-Bearers Within 3 Months: HC [Read Judgment]
7 years, 2 months ago

Appoint Manipur Human Rights Commission’s Office-Bearers Within 3 Months: HC [Read Judgment]

Live Law  

The appointment of other members is not dependent or contingent upon appointment of the Chairperson, and hence other members can be appointed independent of the existence or absence or appointment of the Chairperson, the Bench held.The Manipur High Court has directed the state to appoint the chairperson and the members of the Manipur Human Rights Commission within a period of …

Appoint Manipur Human Rights Commission’s Office-Bearers Within 3 Months: HC [Read Judgment]
7 years, 2 months ago

Appoint Manipur Human Rights Commission’s Office-Bearers Within 3 Months: HC [Read Judgment]

Live Law  

The appointment of other members is not dependent or contingent upon appointment of the Chairperson, and hence other members can be appointed independent of the existence or absence or appointment of the Chairperson, the Bench held.The Manipur High Court has directed the state to appoint the chairperson and the members of the Manipur Human Rights Commission within a period of …

Human Rights Commission orders not merely recommendatory; State duty bound to comply it; Allahabad High Court [Read Order]
8 years, 11 months ago

Human Rights Commission orders not merely recommendatory; State duty bound to comply it; Allahabad High Court [Read Order]

Live Law  

In a recent decision in State of U.P vs. NHRC, the Allahabad High Court has held that the State is duty bound to comply with the orders of Human Right Commissions, in the absence of it being set aside.This significant observation was made by Division Bench headed by the Chief Justice of Allahabad High Court Dr. Dhananjaya Yeshwant Chandrachud on …

Human Rights Commission orders not merely recommendatory; State duty bound to comply it; Allahabad High Court [Read Order]
8 years, 11 months ago

Human Rights Commission orders not merely recommendatory; State duty bound to comply it; Allahabad High Court [Read Order]

Live Law  

In a recent decision in State of U.P vs. NHRC, the Allahabad High Court has held that the State is duty bound to comply with the orders of Human Right Commissions, in the absence of it being set aside.This significant observation was made by Division Bench headed by the Chief Justice of Allahabad High Court Dr. Dhananjaya Yeshwant Chandrachud on …

Breaking; SC slams Meghalaya HC for taking Suo Motu Cognizance on ‘State Lokayukta and Human Rights Commission Matter’ [Read Judgment]
9 years ago

Breaking; SC slams Meghalaya HC for taking Suo Motu Cognizance on ‘State Lokayukta and Human Rights Commission Matter’ [Read Judgment]

Live Law  

The Court set aside the direction pertaining to the stay of the provisions of the Meghalaya Lokayukta Act, 2014. It is also held that State Human Rights Commission shall become functional by end of June, 2016.A two Judge Bench of the Supreme Court Today slammed Meghalaya High Court for taking suo motu Cognizance in the matter of ‘appointment of State …

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