This document provides an overview of human rights, including: 1) It defines different types of rights like natural rights, legal rights, fundamental rights, and distinguishes human rights from fundamental rights. 2) It describes the three generations of rights - civil/political rights, economic/social/cultural rights, and collective/solidarity rights. 3) It discusses regional human rights conventions and organizations in Europe, Americas, Africa and their structure, jurisdiction and complaint mechanisms. 4) It provides background on national human rights commissions and their role in implementation of human rights.

1. HUMAN RIGHTS
5TH SEMESTER BA.LL.B. (H)
BY- SMITA SATAPATHY

2. • What is right
• Rights have corresponding duty
• What is human right
• What is natural right
• What is legal right
• What is fundamental right
• Difference between human right and
fundamental right
• Human rights include all these rights

3. • Human Rights are the basic rights relating to
life, liberty, equality and dignity of the
individuals
• which are protected by the constitution or
embodied in the International Covenants and
• enforceable by courts in India

4. • Human beings are rational beings
• They by virtue of their being human possess
certain basic and inalienable rights which are
commonly known as human rights.
• HR being fundamental or basic rights are often
set out in the Constitution so that they are not
taken away by any Act of Legislature or
government.

5. Generation of Rights
• First generation Rights-
-Negative rights i.e. Govt. required to abstain from
doing those activities that would violate
- Rights capable of immediate & full realization
without significance costs being incurred
• Civil and Political Rights- civil :-those rights which
are related to the protection of the right to life
and personal liberty. Political- right to vote
• Article 3 to 21 of UDHR, ICCPR

6. • Second Generation rights-
• Positive rights- require active intervention on
part of States
• economic, social, cultural rights are related to
the guarantee of minimum necessities of the
life to human beings & absence may endanger
existence of HRs
• Ex- Right to food, clothing, shelter, right to
employment, education and social security
• Article 22 to 28 of UDHR, ICESCR

7. • "third-generation" rights- Collective Rights-
• Not available to individuals alone but enjoyed
by group of individuals collectively
• Ex- the right to a healthy environment and
development, right to natural resources,
cultural heritage, self- determination

8. CHARACTERISTICS
• Universal
• inalienable
• Interdependent
• indivisible
• irrevocable
• Equal
• non-discriminatory
• Both Rights and Obligations

9. WHAT ARE HUMAN RIGHTS?
• Rights inherent to all human beings
• We are all equally entitled to our human
rights without discrimination.
• These rights are all interrelated,
interdependent and indivisible.

10. • civil and political rights, for example the right to
life, freedom of assembly and freedom of religion
• economic, social and cultural rights, for example
the right to employment, education and social
security
• "third-generation" rights, for example the right
to a healthy environment and development.

11. Regional Conventions on HR
• ‘region’ may mean an area embracing the
territories of a group of States.
• A region may be created by grouping the States
on the basis of economic, social, cultural or
political factors.
• Purpose- security, defence, political or socio-
economic functions & responsibilities
• UN Charter- Chapter VIII- consisting of A. 52 to 54
– devoted exclusively to regional arrangements.

12. • The regional bases r likely to help the
promotion of HR in more effective manner as
machinery of UN over burdened.
• States constituting regional agencies- have less
ideological differences which would make
implementation of HR easier.
• The Vienna Conf. on HR in 1993 stated-
Regional arrangements play a pivotal/
fundamental role in promoting & protecting HR

13. • GA at its 49th Session by adopting resolution
49/189 reaffirmed the same point as Vienna.
• 4 Regional Agencies established are:-
• 1- European Convention on HR
• 2- American Convention on HR
• 3- African Charter on HR
• 4- People’s Rights & Arab Charter on HR

14. Structure of ECHR
• European Convention for the Protection of HR &
Fundamental Freedoms (ECHR) adopted on Nov. 4,
1950
• Came into force on Sept. 3, 1953-
• Total 59 Articles & There are 16 Protocols adopted
by European Convention
• Art. 1- obligation to respect HR
• Section I- Rights & Freedoms- A. 2 to A. 18
• Section II- European Court of HR- A. 19 to A. 51
• Section III- Misc. Provisions- A. 52- A.59

15. •Rights & freedoms under Euro Conv.
• Articles of ECHR provides Civil & political Rights
• European Social Charter- signed at Turin on Oct.
18, 1961, came into force on Feb. 26, 1965
• Implementation machinery-
• Earlier- European Commission of HR set up in 1954
• The European Court of HR set up in 1958 &
Committee of Ministers of the Council of Europe
• Later- by Protocol No.11 came into force on Nov.1,
1998 replaced Commission & Court with a New
Permanent Court on HR

16. European Commission of HRs
• Section III provided provisions for Commission
• Comm. Consists of members equal to no. of High
Contracting parties
• Members elected for a period of 6 yrs by
Committee of Ministers
• Function:-
• To receive complaints from any High Contracting
Party through Secretary- General of Council of
Europe- as to breaches of provisions
• Can receive petitions from any person or ngo or
group if victim of any Party

17. • 2 steps of functioning- by Sub-Commission
• 1st- investigation of the application for ascertaining
the facts
• 2nd- securing a friendly settlement of the matter on
the basis of respect for HR
• If friendly settlement is effective Sub-Comm. Submit
a report to Committee of Ministers, State
Concerned & Sec-Gen of Council of Europe
• If Solution is Not reached, Comite. Drew a report on
the Facts & stated its opinion as to whether there is
a breach of obligation under the Convention.

18. • If Question not referred to Euro Court of HR- then
within 3 Months from date of transmission of
Report to Committee of Ministers- 2/3rd Majority
will take a decision.
• If they decide, there is a breach- then Contracting
Party shall b provided by a prescribed period to take
measures
• If measures not taken within stipulated time period
by that Party then Committee shall publish the
report & binding on them

19. European Court of HR
• Came into force on Sept. 3 1958
• No. of judges equal to members of Council of
Europe
• Court consist of Chamber composed of 7 Judges-
Normal place was Strasbourg for session
• Jurisdiction extended to all cases concerning
interpretation & application of Convention
• Cases brought by High Contracting Party & Comisn
• Judgment of Court Final & binding only to parties of
the case & transmitted to Commtt. For execution

20. New European Court on HR
• Full- Time Euro. Court of HR is composed of no. of
judges equal to that of High Contracting State
• No. was 47 in year 2008 & still 47 in year 2019
• No restriction on no. of judges of same nationality
• Judges who r totally Independent r elected by
Parliamentary Assembly of the Council of Europe
for a term of 6 years
• The terms of office of one-half of judges elected at
the 1st election shall expire after 3 yrs, so as to
ensure judges r renewed every 3 yrs.
• Retirement age 70 yrs.

21. Jurisdiction of the Court
• 1- Inter-State Applications-
• a state party may refer to court if any there is any
breach of provisions of Convention or Protocols by
another Contracting Party
• Question of admissibility- decided by a chamber of 7
judges of the Court
• Appeal from the chamber decided by a Grand
Chamber consisting of 17 judges
• Judges must b of high moral character, possess
qualifications, impartial, not engage in other works
• Judge can b removed by 2/3 majority of other judges

22. 2- Individual applications
• Court empowered to receive applications from
individuals, group or NGO for violations of HR
• Ques. of admissibility of cases decided by 3 judges
• Court may deal with the matter after all domestic
remedies have been exhausted
• Within 6 months Court need to deal with matter
• Court shall follow examination, undertake investigation
• 1st approach- friendly settlement- confidentially
• If successful, court strike the case out of list
• If not, court decide the case in Chambers
• Judgment Final & binding- executed by Commtt of Min.

23. The American Convention on HR
• The American Convention was adopted in the Inter-
American Specialized Conference on HR held at San
Jose, Costa Rica in November, 1969
• Signed on Nov 22. 1969
• Convention came into force on July 11, 1978
• Preamble of the Convention stated that-
• Essential rights of man r not derived from one’s
being a national of a state but r based upon
attributes of the human personality
• Art. 3- A.25- civil & political

24. • Inter-American Commission on HR created in 1959-
composed of 7 members- high moral character &
recognized competence
• Main function-
• To promote respect for & defence of HR
• Awareness of HR among people of America
• Make recommendations to the govt. for adoption of
progressive measures in favor of HR in their domestic law &
constitutional prov.
• To take appropriate measures to further observe these
rights
• To prepare studies & reports
• To render advisory services
• To take actions on petitions
• To submit annual report
• Comm. Authorized to receive applications from all

25. Structure of ACHR
• Part I - State Obligations And Rights Protected
• Chapter I - General Obligations- A. 1 & A.2
• chapter ii - civil and political rights – A.3- 25
• chapter iii - economic, social, and cultural rights- A.26
• chapter iv - suspension of guarantees, interpretation, and
application- A. 27- 31
• chapter V - personal responsibilities- A.32
• Part II – Means Of Protection-
• Chapter Vi - Competent Organs- A.33
• chapter Vii - Inter- American commission on HR-
• Section 1. Organization- A.34- A.40
• Section 2. Functions- A. 41- 43
• Section 3. Competence- A.44- A.47
• Section 4. Procedure- A.48- 51

26. • Chapter Viii - Inter- American Court Of Human Rights
• Section 1. Organization- A.52- A.60
• Section 2. Jurisdiction and Functions- A.61- 65
• Section 3. Procedure- A.66- A.69
• Chapter IX - Common Provisions- A.70- A.73
• Part III - General And Transitory Provisions
• Chapter X - Signature, Ratification, Reservations, Amendments,
Protocols, And Denunciation- A. 74- A.78
• Chapter XI - Transitory Provisions
• Section 1. Inter-American Commission on Human Rights-
A.79- A.80
• Section 2. Inter-American Court of Human Rights- A.81-
A.82

27. • Procedure for admitting any such complaint by the
commission have requirements as per A.46
• Petition lodged within a period of 6 months from
the date on which the party alleging violation of
rights
• Petition is required to contain the name, nationality,
profession, domicile & signature of person or
persons or LR of the entity lodging the petition
• Petition if offensive, anonymous, or incompatible
won’t be admissible by the Commission
• Procedure for handling the petition is similar to that
of European Comm.

28. • When petition admissible, Comm. Requests to govt.
to furnish info. About the alleged Violations
• Info. Required to be submitted within stipulated
period, Comm. Decide the case
• Friendly settlement not reached, Comm. Draws up a
report setting forth ‘facts’ & stating ‘conclusions’
• Report transmitted to the states- period of 3
months- comm. Authorized to make pertinent
recommendations
• After expiry of the prescribed period- comm.
Decides what to take measures

29. Inter- American Court of HR
• Court consists of 7 judges- Nationals of the member
States of Organization
• No 2 judges may b of same nationals-
• Judges r elected for a term of 6 years, but re-elected
only one. 5 judges out of 7 judges constitute the
Quorum for the Court
• Comm. Required to appear in all cases before Court
• St. parties & Comm. Have a right to submit a case to
the Court.
• St. Party has to declare that it recognizes as binding,
ipso facto, jurisdiction of the Court
• Judgment of Court final & binding

30. Difference ECHR & ACHR
• 1- AC stated individual’s duties as well as
individual’s rights, but EC only rights- no duties
• 2- EC has a mandatory Inter- State Complaint
system such a system optional in AC but Inter-
American Comm. Consider it
• 3- EC provides for an optional individual petition
procedure, AC has a mandatory ind. Pet. Proc.
• 4- European Court’s advisory jurisdiction is more
constricted. Inter- American Court advisory
jurisdiction is extensive- A.64

31. African Charter on Human & People’s Rights
• Creation of regional agency to protect HR was first
proposed at the African Conference on the ‘Rule of
Law’ at Lagos (Nigeria) in 1961
• Conference sponsored by ICJ under Intl. comm. Of
Justice adopted a resolution- Law of Lagos-
discussed to study the possibility of adopting the
African Convention on HR.
• African Charter known as Banjul Charter, was
adopted on June 27, 1981 & entered into force on
October 21, 1986.

32. • Charter- ratified or acceded to by 53 States
Members of the Organization of African Utility (OAU
• The Constitutive Act of the African Union (AU)
replaced OAU on July 9, 2002
• AU officially launched at the Durban Summit held in
2002
• In 1998, a Protocol to African Charter adopted by
African Court was established
• The Court came into force on January 24, 2004
• African Charter gives emphasis on ‘people’s rights’-
stipulates rights as well as duties of individuals

33. Structure
• Total 63 Articles & 4 Chapters & 2 Parts
• Part I lays down the Rights & Duties
• Chapter I. Human and Peoples' Rights – Article 1- 26
• Chapter II. deals with the Duties of the individuals-
Art. 27 to 29.
• Part II. Measures of Safeguard
• Chapter I. Establishment and Organization of the
African Commission on Human and Peoples' Rights-
Art. 30 to 44

34. • Chapter II. Mandate of the Commission – Art. 45
• Chapter III. Procedure of the Commission- Art.46
• Communication from States – Art. 47 to 54
• Other Communications – Art. 55 to 59
• Chapter IV. Applicable Principles- Art. 60 to 63

35. Article 45: The functions of the Commission shall be:
• 1. To promote Human and People’s Rights and in particular:
• a) to collect documents, undertake studies and researches on African problems
in the field of human and peoples' rights, organize seminars, symposia and
conferences, disseminate information, encourage national and local institutions
concerned with human and peoples' rights, and should the case arise, give its
views or make recommendations to Governments.
• b) to formulate and lay down, principles and rules aimed at solving legal
problems relating to human and peoples' rights and fundamental freedoms
upon which African Governments may base their legislations.
• c) co-operate with other African and international institutions concerned with
the promotion and protection of human and peoples' rights.
• 2. Ensure the protection of human and peoples' rights under conditions laid
down by the present Charter.
• 3. Interpret all the provisions of the present Charter at the request of a State
party, an institution of the OAU or an African Organization recognized by the
OAU.
• 4. Perform any other tasks which may be entrusted to it by the Assembly of
Heads of State and Government.

36. Background of Human Rights
Commission
• The setting up of a national institution is one of the
most effective means to perform the various
functions relating to the implementation of HR
• Idea of the creation of an impartial institution of HR
in the States was initiated by the UNESCO in 1946
• The Secretariat in the Memorandum ‘Supervision &
Enforcement of HR’ in 1947 suggestd for such body
• In 1966, the GA adopted resolution for considering
creation of national commission on HR to perform
function of ICCPR & ICESCR

37. • Resolution invited ECOSOC to ask Commission on
HR. The Comm. In 1970 considered to examine
questions &agreed to the establishment of National
Commission on HR
• 1st International workshop on National Institutions
for the Promotion & Protection of HR held in Paris
in Oct, 1993
• The World Conference on HR in 1993 realized the
importance of such an institution or Commission
• Various workshop happened & at 10th Workshop of
Regional Cooperation for Promotion & Protection of
HR held at Lebanon in 2002

38. Human Rights Commission in India
• India shown interest in establishing & strengthening a
national institution for the promotion & protection of
HR before the Third Committee of GA
• It introduced a draft resolution wherein it emphasized
the importance of integrity & independence of such
national institutions.
• It also requested the Secretary- General of the UN to
submit a report to GA in 2 years regarding various kinds
of national institutions & their contributions towards
implementing HR instrument
• In1990s, India felt a need of establishing Commission
due to clash in Punjab, J & K, Andhra & North-East

39. Protection of Human Rights Act
• The HR Commission Bill was introduced in the Lok
Sabha on May 14, 1992
• The bill was referred to the standing committee of
the Parliament on Home Affairs
• Due to the urgency of the Comm. In view of the
pressure from the foreign countries & from
domestic front, President of India on Sept. 27, 1993
promulgated an ordinance for the creation of
National Commission on HR (NCHR) and
Commissions at State level.

40. • The National Human Rights Commission was
established on October 12, 1993.
• Every year October 12 is observed as Foundation
Day
• The HR Comm. Bill became an Act after it received
the assent of the President on January 8, 1994
which is known as the Protection of Human Rights
Act.
• Purpose – Preamble of the Act- to provide for the
constitution of NHRC, SHRC in States & Human
Rights Courts for better protection of HR & for
matters connected or incidental therewith.

41. NHRC
• Chapter II to IV of the Act deals with NHRC
• Creation of a NHRC for creating awareness among
people for protection of HRs
• In S. 2 (d) of Protection of HR Act, 1993- HR defined
• NHRC- Constitution- S.3
• 8 members
• Headed by a chair person- former CJ of SC
• Other members- sitting or retired judge of SC/
retired CJ of HC
• 2 prominent persons- having practical experience
• chairperson of Nat. Comm. For Minorities

42. • No Commission for SCs & STs
• Scheduled Tribes & women
• Chairperson- appointed by President on
recommendation of 6 member Committee
• Term- 5 years or until 70
• Removal- S. 5- proved misbehavior & incapacity
• He is adjudged an insolvent
• Engaged in other employment
• Unfit to continue due to infirmity of mind/body
• Convicted of offence of moral turpitude
• S- 11:

43. Functions of the Commission – S.12
• Inquire suo moto or a petition into violation of HRs
• Intervene in any proceeding of violation of HR- with
Court’s approval
• Visit jail or other institution- where person
detained- for purposes of treatment
• Shall review safeguards under Constitution &
recommend effective implementation
• Study the treaties & other international instruments
• Promote research in field of HRs
• Spread human rights literacy
• Encourage efforts of NGOs

44. • Submit- annual report to Central Govt. & State
Govt. & proposed recommendations of the Comm.
• Comm. Shall perform functions pursuant to the
directions issued by SC in exercise of the jurisdiction
under A. 32 of the Indian Constitution
• The SC in Paramjit Kaur v. State of Punjab (AIR 1999 SC
340) stated that ‘the Commission would function pursuant
to the directions issued by this Court & not under the Act
under which it is constituted. In deciding the matter
referred by SC, NHRC is given a free hand & is not
circumscribed by any conditions. So, the jurisdiction
exercised by NHRC in these matters is of a special nature
not covered by enactment or law, and thus acts sui generis

45. • Powers of the Commission:
• Powers relating to inquires- S.13-
• 1- while inquiring into complaints shall have
powers of civil court
• Summon & enforcement regarding attendance of
witness
• Discovery & production of document
• Receiving evidence on affidavit
• Requisitioning any public record
• Issue commissions

46. • 2- Power to require any person to furnish informatn
• 3- Power to enter building/ place where Comm. Has
reason to believe document relating to subject
matter to be found
• 4- Commission can record facts & statement of
accused person and forward it to the magistrate
• 5- Commission after completion of inquiry-
recommend to appropriate govt. to take action
• 6- shall publish its inquiry reports
• S. 10 (2)- regulate its own procedure
• S.14- deals with investigation

47. • 1- For purpose of conducting investigation-
• NHRC utilize the services of any officer or
investigation agency of Central or State Govt.
• 2- Officer- shall investigate- and submit report to
NHRC
• 3- The Commission- satisfy- about correctness of
facts & circumstances, conclusions & may make
such inquiry as it thinks fit
• S. 18- After completion of inquiry-
• 1- Comm. May recommend to concern Govt.-
• i- to make payment of compensation

48. • ii- initiate proceedings for prosecution or such
suitable action
• iii- Comm. May approach SC or HC to issue direction
or orders
• iv- Recommendation of concerned Govt. to grant
interim relief
• V- Copy of Inquiry report to petitioner or
representative
• Recommend- to ratify- CAT
• Jail- Prison Administration
• Criminal Justice System

49. NHRC- Cases
• Paramjit Kaur v. State of Punjab
• N. C. Dhoundial v. Union of India & ors
• National Human Rights Commission v. State of
Arunachal Pradesh
• Indian Council of Legal Aid and Advice and others
• Punjab Mass Cremation Order
• Gujarat Communal Riot
• Atrocities against minorities: Killing of Australian
missionary and his sons: Orissa
• Atrocities on Dalits: Bihar
• Police Firing on Dalits in Tamil Nadu

50. N. C. Dhoundial v. Union of India & ors
• The Commission does not consider all the complaints received by
it. Ordinarily, the complaints which fall under the categories listed
in Reg. no. 8 Para 1 of the Regulations are not entertained by the
Commission. Under d above Reg. the Comm. Does not entertain
cases in regard to which happened more than 1 year before
making the complaints.
• This ban on the powers of the Comm. Was interpreted by the
Comm. Differently by invoking the principle of continuing wrong
and recurring cause of action. The SC in this case, did not accept
this view observing that if the above view is accepted it would
make Section 36 (2) a dead letter
• The apex court held that it is a jurisdictional bar & there was no
prov. In the Act to extend the said period of limitation. The Comm.
Does not have unlimited jurisdiction nor does it exercise plenary
power in derogation of the statutory limitations. The Comm.
Which is the creature of a statute, is bound by its provisions. The
Court further held that the discretion reserved to the Comm.
Under Reg. 8 (1) (a) of the Procedural Regulations framed by the
Comm. May be invoked in extraordinary circumstances.

51. National Human Rights Commission v. State of Arunachal Pradesh
• The Commission under Article 32 of the Indian Constitution registered a writ
petition as a public interest petition before the Supreme Court of India.[21] The
Commission filed this petition mainly to enforce of fundamental rights of about
65,000 Chakma Hajong tribals under Article 21 of the Constitution.In this case due
to Kaptain Hydel Project, a huge number of refugees from former East Pakistan
were displaced in 1964. These displaced Chakmas took shelter in North-Eastern
States of India, like, in Assam and Tripura. There were two foremost issues involved
in this case, one being the conferring of citizenship and other fear of maltreatment
by certain sections of the people of Arunachal Pradesh. Largely to deal with these
two issues NHRC was approached by two different NGOs.
• In this case the Commission argued before the Court that the Commission received
some complaints against All Arunachal Pradesh Students Union (AAPSU) to
Chakmas and their act was appeared to be supported by the officers of Arunachal
Pradesh. The State government intentionally delayed the disposal of the matter by
not furnishing the required response to NHRC and infect supported the
enforcement of eviction of the Chakmas from the State through its agencies.
• The Court after hearing the argument asked the government of Arunachal Pradesh
to guarantee the life and personal liberty of each and every Chakma who are
residing within the State. This decision defines that foreigners are entitled to enjoy
the protection of right to life and liberty under Article 21 of the Indian Constitution.
Timely intervention by the Commission has saved the life of thousands of innocent
Chakma refugees from AAPSU.

52. Indian Council of Legal Aid and Advice and others
• The Commission took action on a letter from Chaturanan Mishra
(then Union Minister for Agriculture) on 3rd December, 1996,
about the starvation deaths in Bolangir district of Orissa, due to
the drought. In related matter a Writ petition was filed by
the Indian Council of Legal Aid and Advice and others on 23
December 1996 before the Supreme Court of India under Article
32 of the Constitution. The petition claimed that deaths by
starvation continued to occur in certain districts of Orissa. The
Supreme Court of India on 26th July 1997 gave judgment that
because the matter is seized with the NHRC and is expected to
deliver some order, the petitioner can approach to the
Commission. Supporting the view that to be free from hunger is a
fundamental right of the people, it acted quickly on this matter
and prepared an interim measure for the period of two years and
also requested the Orissa State Government to form a Committee
to inspect all aspects of the Land. The Commission has endorsed
the establishment of a Core Group on Right to Food that can give
advice on issues referred to it and also propose appropriate
programmes, which can be undertaken by the Commission.

53. Punjab Mass Cremation Order
• Two writ petitionswere filed before the Supreme Court of India which contains
serious allegations about large-scale burials of people by the Punjab Police,
allegedly killed in what were termed as “encounters”. These petitions were
mainly based on a press release of 16th January 1995 by the Human Rights Wing
of the Shiromani Akali Dal titled “Disappeared” “cremation ground”. The press
release charged that the Punjab Police had cremated a large number of human
bodies by arguing that they were unidentified. The Supreme Court after a close
examination of the report handed it over to CBI for further inquiry. Central
Bureau of Investigation (CBI), after examination of the report concludes that
585 dead bodies were fully identified, 274 partially identified and 1238
unidentified.This report exposes deliberate violation of human rights on a large
scale. On 12 December 1996 the Court requested the Commission to examine
the matter in accordance with law and resolve all the issues related with the
case. Though matter is still pending before the Commission for final
consideration, however, the Commission granted in some cases compensation
amounting of Rupees Two Lakh Fifty thousand (Rs. 2,50,000/-) to the next of
kin of the 89 deceased persons.

54. Atrocities against minorities: Killing of
Australian missionary and his sons: Orissa
• On Janurary 25, 1999, the Commission took suo-motu action against killing of
Australian missionary and his sons. The Commission also expressed its deep shock
and pain at the attacks on the members of the Christian community in Madhya
Pradesh, Gujarat and Orissa, these incidents had been extensively reported in the
Press. The Commission observed that given the persistent character of these grave
occurrences, a pattern transcending any single State appeared to be emerging,
threatening the pluralistic character of the country and constitutionally guaranteed
human rights to the people and suggested the state/s to prevent the recurrence of
such tragic events.
• The National Human Rights Commission has taken suo-motu action against the
distressing press report (The Times of India", New Delhi; dated 21.10.08) which
highlights the incidents of attack on north Indian aspirants for railway jobs by the
Maharashtra Navnirman Sena. It has issued notice to the Chief Secretary,
Government of Maharashtra and the Director General of Police, Maharashtra for
their comments within two weeks. The Commissions in its notice said that the
news of the press report, if true, raise grave problem of violation of human rights of
the citizens of the country. The Commission in numerous cases recommended
prosecution of the public servants, who had been responsible for violation of
human rights, under section 18(1) of the Act. In this case of violation of human
rights in Maharashtra, the Commission may recommend under Section 18 (3) of
the Act that the concerned State to grant immediate interim relief to the victim or
members of the family.

55. Gujarat Communal Riot
• The commission took suo motu action on the
incident of communal violence against Muslims,
which took place in Gujarat in March/April 2002.
The decision to take action was primarily based on
the reports of print and electronic media. A team of
the Commission visited Gujarat between19 to 22
March 2002 and prepared a confidential report,
which is latter made to the public. Unfortunately,
the State government did not bother much about
this report.