Whether Human Right Commission can interfere in the implementation of a civil judgement / Civil powers of NHRC?

Dhruva Vig

“To deny people their human rights is to challenge their very humanity.” – Nelson Mandela

The term “human rights” refers to a wide range of inherent and inalienable rights, which all individuals have, irrespective of their race, colour, sex, language, political or other opinion, birth, or other status.

Human rights are distinct from other rights in two aspects: firstly, human rights cannot be acquired, transferred, or disposed of by any act or incident and as such, they inhere universally in all human beings by virtue of their humanity alone and secondly, their primary correlative duties rest on public authorities of states and not on individuals.^[1]

During the inception of Human rights, it was primarily focused on the struggles and movements for people’s right to life and liberty. With changing times, the concept of human rights has undergone a paradigm shift and has divaricated into new dimensions.

The growing concerns of the contemporary world over different walks of life has led to the expanded scope of human rights. The concepts of basic liberties of a person have now achieved even greater prominence and have become more comprehensive and refined in their contrivance. These rights, which are sanctioned by international legal standards and recognised as such by the global community, presently incorporates all such rights that are fundamental for securing human survival, security, and dignity.

Human Rights defined under the Protection of Human Rights Act, 1993

Under the provisions of Section 2 of the Protection of Human Rights Act, 1993, “human rights” have been defined as the ‘rights relating to life, liberty, equality, and dignity of an individual’ which have been guaranteed under the Constitution or have been embodied in the International Covenants in the international for a and enforceable by the various courts in the sovereign of India.

The term “International Covenants” refers to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which has been adopted by the General Assembly of the United Nations on the 16th of December 1966.

Functions of NHRC

Under the provisions of Section 12 the act, the main functions of NHRC mainly consist of: –

• the function of the Commission to inquire, on its own initiative or on a petition presented to it by a victim or any person on his behalf, into complaint of-
  • violation of human rights or abetment or
  • negligence in the prevention of such violation, by a public servant.
• the function of the Commission to intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.
• the function of the Commission to 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 condition of the inmates and make recommendations thereon.
• the function of the Commission to review the safeguards by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
• the function of the Commission to review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.
• the function of the Commission to study treaties and other international instruments on human rights and make recommendations for their effective implementation.
• the function of the Commission to undertake and promote research in the field of human rights.
• the function of the Commission to 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.
• the function of the Commission to encourage the efforts of non – Governmental organizations and institutions working in the field of human rights.
• the function of the Commission relating to any such other functions as it may consider necessary for the promotion of human rights.

Powers of the Commission

While inquiring into complaints received by NHRC, the Commission shall have all the powers of a civil court and trying such suit under the Code of Civil Procedure, 1908 as provided under the provisions of the Act, and in particular the following, namely:

• the power of the Commission to summon or enforce the attendance of witnesses and examining them on oath.
• the power of the Commission towards discovery and production of any document.
• the power of the Commission towards receiving of evidence on affidavits.
• the power of the Commission of requisitioning any public record or copy thereof from any court or office.
• the power of the Commission to issue commissions for the examination of witnesses or documents.
• power of the Commission over any other matter which may be prescribed.

Legal provisions

The National Human Rights Commission (Procedure) Regulations, 1994

Regulation 9 deals with Complaints which are not ordinarily entertainable by the NHRC. The clause vii) talks about the issue that has been raised before NHRC, and which relates to a civil dispute, such as property rights, contractual obligations, and the like, shall not be entertained, one of various other issues specified under the NHRC Regulations.

Regulation 25 talks about the power of NHRC to issue ‘Summons’ to any party or person, where the Commission shall issue directions to summon:

• the complainant or any other person on his behalf to afford him a personal hearing.
• Any other person who, in the opinion of the commission, should be heard for appropriate disposal of the matter before it.
• any person to cause production of records required by the Commission.
• any person to be examined as witness.
• any person whose conduct is inquired into by it; or,
• any person whose reputation, in the opinion of the Commission, is likely to be prejudicially affected.

The Protection of Human Rights Act, 1993

Section 12 of the Act provides for the ‘Functions of the Commission’, which mainly talk about the same set of functions which have been mentioned above.

Section 13 provides for ‘Powers relating to inquiries’ which may be made the NHRC into certain matters it deems fir for such inquiry. The powers have also been discussed above in this article.

Arguably, the main function of the Act has been laid out under Section 14, which talks about the Investigation function of NHRC, where it may:

• utilize the services of any officer or investigation agency for the purpose of conducting any investigation pertaining to the inquiry.
• subject to the direction and control of the Commission for the purpose of investigating into any matter pertaining to the inquiry, any officer or agency.
• The provisions of Section 15 shall apply in relation to any statement made by a person before any officer or agency.
• The officer or agency whose services are utilized shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Commission.
• The Commission shall satisfy itself about the correctness of the facts stated and the conclusion and for this purpose, the Commission may make such inquiry as it thinks fit.

Landmark judgements

These are some of the landmark judgements in relation to powers, scope, and functions of NHRC, with regard to its fundamental principles of protection and upliftment of Human Rights.

• Lachhman Dass v. Jagat Ram^[2]

Held: “To hold property is a constitutional right in terms of Article 300-A of the Constitution. It is also a human right. Right to hold property, therefore, cannot be taken away except in accordance with the provisions of a statute. If a superior right to hold a property is claimed, the procedures therefor must be complied with. The conditions precedent therefor must be satisfied. Even otherwise, the right of pre-emption is a very weak right, although it is a statutory right. The court, while granting a relief in favour of a pre-emptor, must bear it in mind about the character of the right vis-a-vis the constitutional and human right of the owner thereof.”

• Maharashtra Housing & Area Development Authority v. Maharashtra State Human Rights Commission^[3]

“Human rights constitutes of rights of humans relating to their life, liberty, equality and dignity as against the rights with regard to their properties.”

• Ram Deo Chauhan v. Bani Kanta Das^[4]

“The jurisdiction of NHRC stands enlarged by Section 12(j) of the 1993 Act, to take necessary action for the protection of human rights. NHRC has been constituted to inquire into cases of violation of and for protection and promotion of human rights. Such action would include inquiring into cases where a party has been denied the protection of any law to which he is entitled, whether by a private party, a public institution, the Government or even the courts of law. The Supreme Court has corrected breach of human rights arising from an erroneous perception of facts and law in the judgments of the High Courts and Tribunals. Human rights are the basic, inherent, immutable and inalienable rights to which a person is entitled simply by virtue of his being born a human. They are such rights which are to be made available as a matter of right. The Constitution and legislations of a civilised country recognise them since they are so quintessentially part of every human being. That is why every democratic country committed to the rule of law put into force mechanisms for their enforcement and protection.”

• People’s Union for Civil Liberties v. Union of India^[5]

“The National Human Rights Commission (NHRC) is a high-powered statutory body to act as an instrument for the protection and promotion of human rights. The credibility of such an institution depends upon a high degree of public confidence. While construing the provisions of the Statute, the nature and object of the statute cannot be overlooked. It cannot be overlooked that notwithstanding the exemplary role of the police and security forces, there have been many instances of excesses by the members of the forces leading to public unrest and deteriorating public faith. The issue is not whether all are fully true or not but is what exists in the public mind and whether there is some justification therefor. Assuming tow constructions of Section 3(2)(d) are reasonably possible, the construction which promotes public confidence, advances the cause of human rights, and seeks to fulfil the purpose of international instruments has to be preferred than the one which nullifies it. Ambiguity, if any, in the statutory provision is required to be removed by the judicial process to advance the cause of protection of human rights.”

• Madhu Kishwar v. State of Bihar^[6]

“Section 12 of Protection of Human Rights Act charges the Commission with duty for proper implementation as well as prevention of violation of the human rights and fundamental freedoms. Human rights are derived from the dignity and worth inherent in the human person. Human rights and fundamental freedom have been reiterated by the Universal Declaration of Human Rights. Democracy, development and respect for human rights and fundamental freedoms are interdependent and have mutual reinforcement. The human rights for women, including girl child are, therefore, inalienable, integral, and indivisible part of universal human rights. The full development of personality and fundamental freedoms and equal participation by women in political, social, economic, and cultural life are concomitants for national development, social and family stability and growth, culturally, socially and economically. All forms of discrimination on grounds of gender is violative of fundamental freedoms and human rights.”

• Paramjit Kaur v. State of Punjab^[7]

“Powers and jurisdiction of National Human Rights Commission are not circumscribed by provisions of the act when acting under directions/orders of Supreme Court issued under Article 32 of the Constitution.”

• N.C. Dhoundial v. Union of India^[8]

“Commission has no unlimited jurisdiction, nor does it exercise plenary powers in derogation of the statutory limitations. Though it has incidental or ancillary powers to effectively exercise its jurisdiction in respect of the powers confided to it, but it should act within the parameters prescribed by the Act and the confines of jurisdiction vested in it.”

• G. Manikyamma v. Roudri Coop. Housing Society Ltd.^[9]

“Commission is not a competent forum to adjudicate disputes of title and possession of property or eviction therefrom.”

Conclusion

The debates and foregoing discussions at various international fora show that while human rights principles are universal in nature, and the standards have been negotiated and accepted at an international level, the responsibility for the implementation of these norms primarily rests at the state level across every sovereign.

The task of promoting and protecting human rights is primarily a national one, as human rights involve relationships among individuals, and between individuals and the states as well. The role of spreading awareness by the commission should be emphasized by both governmental and non-governmental body corporates, as it might well be the best way to effectively protect human rights in a society.

There have been many instances where the NHRC invoked the powers of a Civil Court. The most notable example was when the NHRC issued summons to chief Secretary of Uttar Pradesh in a case involving illegal detention and false implication of Shri Lal Chandra and the non-response of the Government of Uttar Pradesh thereof.

The NHRC summoned the Chief Secretary, Government of Uttar Pradesh to appear before it together with all relevant records back in year 2003 and held that those responsible for the illegal detention and false prosecution of Shri Lal Chandra were liable to be proceeded in accordance with law, in addition to the payment of compensation to the victim for the violation of his human rights.

The NHRC from time to time has proven to be a vigilant watchdog of Human Rights in its truest sense, and thus, the support and assistance from both legislative as well as non-governmental human rights organizations with the commission, is vital for its effective functioning.

References

• NATIONAL HUMAN RIGHTS COMMISSION, INDIA
• National Human Rights Commission (NHRC): Structure, Powers, Composition and Limitations (jagranjosh.com)
• Human Rights Commission Has No Unlimited Jurisdiction, Says Kerala HC (livelaw.in)

1. Sieghart, Paul, The International Law on Human Rights, 17 (Oxford, 1984) ↑
2. Lachhman Dass v. Jagat Ram, (2007) 10 SCC 448 ↑
3. Maharashtra Housing & Area Development Authority v. Maharashtra State Human Rights Commission, (2010) 3 Mah LJ 44. ↑
4. Ram Deo Chauhan v. Bani Kanta Das, (2010) 14 SCC 209 : (2011) 3 SCC (Cri) 727 ↑
5. People’s Union for Civil Liberties v. Union of India, (2005) 2 SCC 436 ↑
6. Madhu Kishwar v. State of Bihar, (1996) 5 SCC 125. ↑
7. Paramjit Kaur v. State of Punjab, (1999) 2 SCC 131 : 1999 SCC (Cri) 109 ↑
8. N.C. Dhoundial v. Union of India, (2004) 2 SCC 579 : 2004 SCC (Cri) 587. ↑
9. G. Manikyamma v. Roudri Coop. Housing Society Ltd., (2014) 15 SCC 197 ↑