In this Powerpoint Presentation, I have tried to portray the role of NGOs both in Indian and International levels in protecting the rights of the victim as well as accused in a criminal justice administration

1. Role of NGOs in the Protection of Human
Rights of Victims and Accused
By Namrata Chakraborty
LL.M (2020-21)
Symbiosis Law School Pune

2. AREAS TO BE COVERED
• Pillars of the Criminal Justice System in India
• NGO as a pillar of Criminal Justice System in India : Source of Authority
• NGOs in Protection of Victim's Rights in India
• NGOs in Protection of Accused' Rights in India
• Process of Protecting Human Rights of Victims - Accused : India
• Legal Framework on NGOs in India
• Related Cases in India - Victim's Rights
• Related Cases in India - Accused' Rights
• Role of NGO in International Level to protect Rights of the Victims and Accused : A
Comparative and Critical Approach
• Suggestions for Reforms

3. Pillars of the Criminal Justice System in India
• The Criminal Justice System in India is a legacy of the British system. It has four
subsystems, those being:
 Legislature (Parliament),
 Enforcement (Police),
 Adjudication (Courts, Prosecution, Defence Counsels), and
 Corrections (Prisons, Rehabilitation Centers, Community facilities)
• NGOs are not explicitly recognized as an essential pillar of criminal justice administration
under the Criminal Laws in India. Therefore, the question arises - from which source
does it derive its authority as an instrument to protect the human rights of accused and
victim?

4. NGO as a pillar of Criminal Justice System in India : Source of Authority
• India has a long history of civil society based on the concepts of daana (giving) and seva (service). Voluntary
organizations without profit-making objectives were active in cultural promotion, education, health, and
natural disaster relief. During the 19th century, nationalist consciousness spread across India and self-help
emerged as the primary focus of sociopolitical movements and numerous organizations Arya Samaj (1875),
the National Council for Women in India (1875) etc. were established.
• The Societies Registration Act (SRA) was enacted in 1860 to confirm the legal status of the growing body
of nongovernment organizations (NGOs).
• After independence, the Government of India increased its presence in social welfare and development.
The first Five-Year Plan stated, “Any plan for social and economic regeneration should take into account the
services rendered by these agencies and the state should give them maximum cooperation in
strengthening their efforts.”
• In the Indian context, the present Non-Governmental Organizations movement towards human rights
activism owes its origin to emergency era during the Reign of Indira Gandhi. One of these was Jayaprakash
Narayan‟s 'Peoples Union for Civil Rights'.

5. NGO as a pillar of Criminal Justice System in India : Source of Authority
• Relevant Constitutional Provisions:
 Article 19(1)(c)
 97th Constitutional Amendment Act, 2011
 Article 43-B under DPSP
 Entry 28 of the Concurrent List - Charities and Charitable institutions, charitable and religious endowments and
religious institutions.
• Article 71 of the UN Charter, 1945 by which the Economic and Social Council was authorized to “make suitable
arrangements for consideration with non-governmental organizations which are concerned with matters within
its competence.”
• The 1993 UN World Conference on Human Rights – known as the Vienna Conference – was attended by 841
NGOs from throughout the world, with objective “to review and assess the progress made in the field of human
right”. The resolution no. 38 of the declaration stated –the world conference on human right recognizes the
important role of Non Government Organization in the promotion of all human right and in humanitarian.

6. NGO as a pillar of Criminal Justice System in India : Source of Authority
• The positive role that the NGOs can play in furthering the cause of human rights has been recognized both by the
Protection of Human Rights Act, 1993 and the National Human Rights Commission (NHRC). The Act of 1993, in
Section 12(i) has enjoined upon the NHRC to encourage the efforts of the NGOs and institutions working in the
field of human rights.
• In the first report itself, NHRC, clearly spelt out the three areas in which NGOs could be its direct assistance to
it, in its mission :
 Firstly, because of their grass roots contacts, NGOs can most effectively identify human rights violations, articulate
them and seek redress from the Commission. The Commission expects the NGOs to play an active and positive
role in bringing violations and complaints to its notice.
 Secondly, because of the rapport the NGOs have with the public, they can be great assistance to the Commission
by helping the Commission‟s investigating staff as well as undertake investigations of violations on behalf of the
Commission.
 Thirdly, the NGO can undertake research and serious studies as specific problems and issues in view of their
specialized knowledge.
Hence, in this way, NGOs in India have evolved as a key instrument to protect the human rights of the victims and
accused, thus reflecting a substantial amount of impact in criminal justice system.

7. NGOs in Protection of Victim's Rights in India
Rights of the Victims
• Access to justice and fair treatment
 Right to be present during criminal justice
proceedings, Right to receive a copy of the FIR
 Right against tampering of evidence
 Right to be heard during critical criminal justice
proceedings that affect their interests
 Right to be notified of important, scheduled
criminal proceedings and the outcomes of those
proceedings
 Right to protection during the criminal justice
process
 Right to speedy trial
• Right to Restitution
• Right to Compensation, Assistance (Medical, Legal
and Humanitarian) and Medical Examination (Rape)
Role of NGO
• To take up the task of bringing cases before the Court of
law where a right has been violated, and no action has
been taken by the victim due to the lack of resources or
ignorance.
• To work directly with victims and assist in solving their
problems by collaborating with advocacy groups to
provide legal assistance before the government
authorities and the court.
• To file writ petitions by way of PIL for the purpose of
providing access to justice to large masses who are
denied their basic human rights.
• To provide informal education, seminars, workshops to
the people about their rights and threat of violation of
their human rights.
• To Aid, advice and assist the victim for receiving the
requisite medical and legal aid, psychological counselling

8. NGOs in Protection of Accused' Rights in India
Rights of the Accused
• Presumption of Innocence
• Right To Know The Grounds of Arrest
• Right to be granted bail in case of bailable offences
• Right to be produced before a Magistrate within 24
hours
• Right to free, fair and speedy trial
• Right to Consult a Legal Practitioner of its choice
• Right of Free Legal Aid
• Right to Be Examined by a Medical Practitioner
• Right to privacy and protection against unlawful
searches
• Right to be present during trial
• Right to cross-examination, appeal, human
treatment in prison
• Right to get copies of documents filed by prosecutor
Role of NGO
• To collect and analyze data with regard to conditions of
jail, treatment for undertrial prisoners and related
compliance etc. followed by preparing and circulating the
report.
• To take up the task of bringing cases before the Court of
law where a right has been violated, and no action has
been taken by the accused due to the lack of resources or
ignorance.
• To pressurize the government to keep check on the
growing problem of torture and inhuman treatment of
police and jail authorities, and to submit compliance
report w.r.t. various conventions
• To provide informal education to the people about their
rights and threat of violation of their human rights.
• To communicate with national and international bodies
regarding the reporting of gross violation cases.

9. Process of Protecting Human Rights of Victims - Accused : India
• To coordinate the efforts of NGOs working in the field of human rights, NHRC has compiled a National
Register of NGOs working in Human Rights area. Human rights violations by the State and its organs have
been articulated by a specialist group of NGOs known as 'Civil Liberties and Democratic Rights Group's.'
 Peoples Union for Democratic Rights (PUDR), Legal Aid Services, People's Union for civil liberties (PUCL) etc.
have invoked the judicial process by way of PIL and letter writing to Apex Court and other highest
authorities, based on its report received from its ground level survey.
 Some NGOs are aiding the victim and its family by way of legal assistance, protection and resources.
 Some have taken a proactive and preventive approach to mitigate human rights violations of the victims.
 Some NGOs have coordinated with the UN's Economic and Social Council as well as other international
organization to take cognizance of the cases.
• In case of accused persons' rights, NGOs play significant role at various stages (pre and post arrest stage,
investigation and trial stage) by providing legal aid, filing writs and writing letters to prison officials, judges,
and various government officers, writing letters directly to the prisoners or to his or her family thereby
giving moral support, and to provide economic and other assistance where possible.

10. Legal Framework of NGOs in India
Act / Law Relevant Provisions
Societies Registration Act, 1860 Section 1 read with Section 20, Section 17
Companies Act, 2013 Section 8 parallel to S. 25 of the 1956 Act
Indian Trust Act, 1882 for private trusts and Public Trust Act of
various states [e.g. Bombay Public Trust Act, 1950]
Sections 5 and 6 of the Indian Trust Act, 1882
Income Tax Act, 1960 Sections 11, 12, 13, 35 (I to III), 35AC, 80G
Foreign Contribution (Regulation) Act, 2010 as amended in
2020
Amended Section 8
Protection of Human Rights Act, 1993 Section 12(i)
Protection of Women from Domestic Violence Act, 2005 Section 10 (1)
The Constitution of India Article 19(1)(c), Article 43-B, Entry Nos. 10 and 28 of
the Concurrent List, Schedule 7

11. Related Cases in India - Victim's Rights
• Vishakha & Ors v. State Of Rajasthan & Others [AIR 1997 SC 3011] - NGO Vishakha filed a writ petition on
behalf of a woman employee (victim of sexual assault by her superior). In this case, the SC formulated
several guidelines to prevent sexual harassment at workplaces.
• Saheli v. Commissioner of Police [ AIR 1990 SC 513] - Saheli, a Women's Resources Centre filed petition
where a 9 year old boy died after being beaten by the Indian Police in the course of eviction proceedings.
The SC directed a payment of Rs 75,000 to the mother of the deceased child and permitted the Delhi
Administration to take appropriate steps for the recovery of the amount paid.
• All India Council of Human Rights, Liberties and Social Justice v. UoI. [W.P.(C) 2973/2020] - The NGO filed a
petition to seek intervention of the Delhi HC to ensure implementation of immediate measures to help the
domestic violence and child abuse victims during COVID-19, in which the Court directed the Central Govt.,
Delhi Govt. DCW etc. to summon high level meeting to consider this issue.
• Citizens for Justice and Peace (CJP), an NGO, has filed an intervention application before the SC in the
Hathras gang-rape-and-murder case, urging it to ensure proper protection to witnesses and for proper
judicial inquiry. [October 9, 2020]

12. Related Cases in India - Accused' Rights
• D.K. Basu v. State of West Bengal [1997 1 SCC 416] - The Executive Chairman of an NGO (Legal Aid
Services, West Bengal) Sri. D K Basu addressed a letter to the CJI drawing his attention to certain news
items published in the Telegraph, the Statesman and Indian Express regarding deaths in police lock-ups
and custody.
• Citizen for Democracy v. State of Assam (1995) 3SCC 743 - The president of a famous NGO 'Citizen for
Democracy', Mr. Kuldip Nayar, brought to the notice of the Supreme Court through a letter that the seven
TADA detainees lodged in the hospital in the State of Assam were handcuffed and tied with a long rope to
check their movement.
• Sunil Batra v. Delhi Administration, AIR 1978 SC 1675 - The intervention of Citizens for Democracy, Sunil
Batra, a convict under sentence of death challenged his solitary confinement and for the first time in the
history which made the Chief Justice and other Judges to visit Tihar Jail.
• R.D. Upadhayay v. State of Andhra Pradesh [AIR 2006 SC 1946] - The Women's Action Research and Legal
Action for women highlights the plight of children living in jails with their prisoner mother by filing a writ
petitionin the Supreme Courts.

13. Role of NGO in International Level to protect Rights of the
Victims and Accused : A Comparative Approach

14. Status of NGOs in Abroad in protecting Human Rights of the victims and accused
• The Committee on Non-Governmental Organizations (NGO Committee) was established by ECOSOC
resolution E/RES/3(II) of 21 June 1946. The terms of reference have been reviewed several times, the
current terms of reference are included in ECOSOC resolution 1996/31 (on page 53 of E/1996/96) of 25
July 1996.
• Modes of Cordination between NGOs and United Nations :
 Consultative status with the Economic and Social Council provides NGOs with access not only to
ECOSOC, but also to its many subsidiary bodies, the various human rights mechanisms of the United
Nations, ad-hoc processes on small arms, and special events organized by the President of the General
Assembly.
 Association of NGOs with the United Nations Department of Global Communications (DGC) is the link
from the Organization to the approximately 1,300 NGOs associated with the UN and support its efforts to
disseminate information on the priority issues on its agenda,
 The UN Non-Governmental Liaison Service (UN-NGLS) is an inter-agency programme of the United
Nations mandated to develop constructive relations between the UN and civil society organizations.

15. Status of NGOs in Abroad in protecting Human Rights of the victims and accused
• Perhaps the oldest human rights non-governmental organizations was the Anti-Slavery Society which
played an important role in procuring the adoption of the Convention on the Abolition of Slavery in 1926,
and later, in 1956, of the United Nations Supplementary Convention on the Abolition of Slavery, the Slave
Trade and Institutions and Practices similar to Slavery.
• Those “early” NGOs included the International Committee of the Red Cross (1863), the International
Worker’s Association (1864), the International Peace Bureau (1892), the American Jewish Committee
(1906), and the French-based League for Human Rights (1898).
• The 1993 UN World Conference on Human Rights – known as the Vienna Conference – was attended by
841 NGOs from throughout the world, all of which described themselves as working with a human rights
mission, with an objective “to review and assess the progress made in the field of human right”. The
resolution no 38 of the declaration stated –the world conference on human right recognizes the
important role of Non Government Organization in the promotion of all human right and in humanitarian.
This is where the concept of 'Human Rights NGOs' was evolved.

16. Legal Framework of the International Human Rights NGOs
• Human rights NGOs guided by:
 Universal Declaration of Human Rights, 1948;
 Article 71 of the UN Charter by which the Economic and Social Council was authorized to “make suitable
arrangements for consideration with non-governmental organizations which are concerned with matters
within its competence.
 International Covenant on Civil and Political Rights,1976;
 International Covenant on Economic, Social and Cultural Rights, 1976;
 Customary international law of human rights.
The United Nations and other bodies have promulgated international instruments to protect the integrity of
NGOs, including human rights NGOs.

17. Role of the International Human Rights NGOs in Crime Justice
Size of the
NGO
E.g., large such as Save the Children, Oxfam, Human Rights Watch or Amnesty
International, or small such as many local, grassroots groups
Substantive
Area of human
rights concern
• Fair trial rights,
• Right to freedom of expression & association,
• Rights of prisoner of war crimes,
• Rights of women & children, sexual orientation rights,
• Lliberty & security of persons, torture, cruel, inhuman or degrading treatment or punishment,
• Disability rights,
• Race discrimination & Xenophobia,
• Economic & social rights, cultural rights, civil & political rights
Role played in
that area
• Identifying human rights violators & documenting abuses
• Monitoring & influencing laws, policies & practice of governments and non-state actors
• Shaming human rights violators to force compliance with law
• Human rights education; fact-finding with or without on-site visits;
• Advocacy including domestic & international litigation; information evaluation & dissemination;
• Providing humanitarian aid to prisoners of war crimes and other offences

18. Case Studies of International HR NGOs
• The International Committee of the Red Cross (ICRC), as one of the oldest and largest of the
nongovernmental organizations concerned with human rights, has the most extensive program of visiting
places of detention with the permission of the respective governments.
• The ICRC is composed exclusively of Swiss nationals; its international character is based on aims and
activities which include visits to prisoner of war and civilian internment camps pursuant to the four Geneva
Conventions of 1949. For example, in 1973 the ICRC visited prisoners of war in Israel, Egypt, Syria,
Jordan,India, Pakistan, Bangladesh, and South Vietnam.
• Amnesty International's campaign against the use of torture, begun in 1972, has heightened the sensitivity
of nearly all governments to allegations of torture and has made torture one of the most frequently
discussed issues with respect to the protection of human rights.
• International Defense and Aid for Southern Africa and the Africa Legal Assistance Project of the Lawyers'
Committee for Civil Rights Under Law have provided assistance to the families of prisoners, to the victims
of oppression, and to the legal defense of persons accused under the racist laws of South Africa, Rhodesia,
Namibia, and the areas of southern Africa previously occupied by the Portuguese.

19. A Comparative and Critical Approach
• While the human rights NGOs working in International level in coordination with UN, the following discrepancies do
not arise in reality, unlike while working in India :
• Conflicts under FCRA and Paucity of Funds : The oppressive Foreign Contribution (Regulation) Act, which restricts how
civil society organizations can access foreign funding, has often been used to curb dissent and immobilize human rights
organizations that expose violations and speak truth to power. The FCRA has been invoked over the years to justify an
array of highly intrusive measures, ranging from official raids on NGO offices and freezing of bank accounts, to
suspension or cancellation of registration.
 Organizations like Sabrang India, Lawyers Collective, Navsarjan Trust, Amnesty International and People’s
Watch have been targeted under the FCRA. The human rights NGO The Lawyer’s Collective was unable to
reregister after its FCRA registration was cancelled in 2016.
• Unlawful Activities Prevention Act : Authorities increasingly used the UAPA to target civil rights activists and human
rights defenders. In Manipur state, police threatened and harassed activists, lawyers, and families pursuing justice for
alleged unlawful killings by government security forces.
 Police in Maharashtra arrested and detained civil rights activists, accusing them of being members of a banned
Maoist organization and responsible for funding and instigating caste-based violence on January 1, 2018, that
was actually premeditated by Hindu extremist groups.

20. A Comparative and Critical Approach
• Sham NGOs : It is the matter of fact that some unscrupulous elements have made fortunes by floating NGOs for their
personnel gains and managing grants from the government. It is a common experience that there have been serious
charges of misuse and misappropriation of funds received as grantin-aid form the government, foreign donors and
raised through their own resources by the most of the NGOs.
• Poor Governance And Networking : Poor or disorganised networking is another major challenge. NGOs in India often
fear to connect with International Non-Governmental Organisations (INGOs), as they are perceived to be threatening to
their mission. However, this belief ignores the possibility of collaboration, where local NGOs can tie up with INGOs and
the community at large and to become more effective in preserving the rights of the accused and victim domestic and
international level.
• Many countries, such as Azerbaijan, China and Russia, have introduced further registration and reporting requirements
for NGOs, failure to comply of which imposes imprisonment.In Azerbaijan, NGOs must obtain authorization of the
Ministry of Justice before registering and prove both their respect for Azerbaijan’s “moral values” and that they are not
involved in “political or religious propaganda”.
• In Russia, the government has labelled NGOs who receive foreign funding “foreign agents” – a term synonymous with
“spy”, “traitor” and “enemy of the state”. The government applies this legislation so broadly that even an organization
supporting people with diabetes was heavily fined, put on the “foreign agents” register and forced to close in October
2018. Medical, environmental and women’s groups have also come under fire.

21. Suggestions for Reforms
From the
National
Perspective
• Adopt or amend laws to guarantee the right to freedom of association and ensure that these are
discussed in consultation with human rights NGOs and civil society organizations.
• The government of India has to liberalize the rules and regulations of grantsin-aid and to sanction more
grants to NGOs.
• Allocate funds in way that is non-discriminatory and ensure that organizations that hold different views
from the government or that work for the rights of marginalized groups can access funds in an equal
basis than those organizations that align with government policies.
• Ensure women human rights defenders are able to exercise their right to freedom of association, by
removing barriers such as gender inequality, discriminatory practices and laws, and ensure they have
equal access to resources.
• Ensure that organizations that defend the rights of marginalized, discriminated groups, prisoners and
sexual assult and acid attack victims are not targeted for their activities or their identity.
• In India, 65% of populations belong to rural areas. NGOs, therefore, need to operate in rural areas on a
bigger scale to enlist the cooperation of village people in making their lives better.
From the
International
Perspective
• Ensuring that civil society organizations and human rights NGOs have access, without discrimination, to equal
opportunities to seek and receive funding from national, foreign and international sources.
• Ensure that human rights NGOs are protected and enabled to carry out their activities, including by holding the
states accountable for not complying with their human rights obligations and putting pressure on states to
repeal or substantially amend restrictive legislation that infringes the right to freedom of association.

22. Thank You