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INTRODUCTION

The protection of human rights act, 1993 (an act of parliament) provides for

establishment of Human rights commissions at the national and the state level for the

better protection of the human rights and for the matter therewith connected or

incidental thereto. It came into force on 8th January, 1994.

Every individual must have some rights against the State or other Public authority by

virtue of being a member of the human family and such rights are `human rights`. The

concept of human rights is as old as ancient doctrine of natural rights based on natural

law.

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ORIGIN OF HUMAN RIGHTS

Human rights as are commonly known now are of recent origin. They emerged from

post-second world war International Charters and Conventions. The first documentary

use of the expression `human rights` is to be found in the charter of the United Nations,

which was adopted after the Second World War at San Francisco on 25 th June, 1945.

This charter was not binding. It merely stated the ideals which were to be later

developed by different agencies and organs. The U.N. General Assembly in December,

1948, by adopting the Universal Declaration of Human rights, took concrete steps

towards formulating the human rights. Universal Declaration of Human rights was not

legally binding and U.N. had no machinery for its enforcement. The deficiency was

sought to be removed by U.N. General Assembly in December, 1965, by adopting two

covenants for the observance of human rights –

1. The Covenant on Civil and Political rights

2. The Covenant on Economic, Social and Cultural rights.

The first one formulated legally enforceable rights of the individual and the second one

was addressed to the states to implement them by legislation. The two Covenants came

into force in December, 1976, after requisite number of member states ratified them.

Many states ratified them subsequently at the end of 1881. These Covenants are

therefore legally binding on the ratifying states.

ORIGIN OF HUMAN RIGHTS IN INDIA

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India being a party to these Covenants, the President of India promulgated the

Protection of Human Rights Ordinance, 1993 under Article 123 of the Constitution of

India on 28th September, 1993 to provide for the constitution of a National Human

Rights commission, State Human Rights commissions in states and Human Rights

courts for the better protection of human rights and for matters connected therewith or

incidental thereto. To replace this ordinance the Protection of Human Rights Bill, 1993

was introduced in Lok Sabha.

MEANING OF HUMAN RIGHTS

Human rights are moral principles or norms that describe certain standards of human

behaviour, and are regularly protected as legal rights in municipal and international

law. They are commonly understood as inalienable fundamental rights "to which a

person is inherently entitled simply because she or he is a human being," and which are

"inherent in all human beings “regardless of their nation, location, language, religion,

ethnic origin or any other status. They are applicable everywhere and at every time in

the sense of being universal, and they are egalitarian in the sense of being the same for

everyone. They require empathy and the rule of law and impose an obligation on

persons to respect the human rights of others. They should not be taken away except

as a result of due process based on specific circumstances, and require freedom

from imprisonment, torture, and execution.

The doctrine of human rights has been highly influential within international law, global

and regional institutions. Actions by states and non-governmental organizations form a

basis of public policy worldwide. The idea of human rights suggests that "if the public

discourse of peacetime global society can be said to have a common moral language, it

is that of human rights." The strong claims made by the doctrine of human rights

continue to provoke considerable scepticism and debates about the content, nature and

justifications of human rights to this day. The precise meaning of the term right is

controversial and is the subject of continued philosophical debate; while there is

consensus that human rights encompasses a wide variety of rights such as the right to

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a fair trial, protection against enslavement, prohibition of genocide, free speech, or

a right to education, there is disagreement about which of these particular rights should

be included within the general framework of human rights; [1] some thinkers suggest that

human rights should be a minimum requirement to avoid the worst-case abuses, while

others see it as a higher standard.

Many of the basic ideas that animated the human rights movement developed in the

aftermath of the Second World War and the atrocities of The Holocaust, culminating in

the adoption of the Universal Declaration of Human Rights in Paris by the United

Nations General Assembly in 1948. Ancient peoples did not have the same modern-day

conception of universal human rights. The true forerunner of human rights discourse

was the concept of natural rights which appeared as part of the medieval natural

law tradition that became prominent during the Enlightenment with such philosophers

as John Locke, Francis Hutcheson, and Jean-Jacques Burlamaqui, and which featured

prominently in the political discourse of the American Revolution and the French

Revolution. From this foundation, the modern human rights arguments emerged over

the latter half of the twentieth century, possibly as a reaction to slavery, torture,

genocide, and war crimes, as a realization of inherent human vulnerability and as being

a precondition for the possibility of a just society.

“Whereas recognition of the inherent dignity and of the equal and inalienable rights of all

members of the human family is the foundation of freedom, justice and peace in the

world.”

—1st sentence of the Preamble to the Universal Declaration of Human Rights

“All human beings are born free and equal in dignity and rights.”

—Article 1 of the United Nations Universal Declaration of Human Rights (UDHR)

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NATIONAL HUMAN RIGHTS COMMISSION

The National Human Rights Commission (NHRC) of INDIA is an autonomous public

body constituted on 12 October 1993 under the Protection of Human Rights Ordinance

of 28 September 1993. It was given a statutory basis by the Protection of Human Rights

Act, 1993 . The NHRC is the national human rights institution responsible for the

protection and promotion of human rights, defined by the Act as "rights relating to life,

liberty, equality and dignity of the individual guaranteed by the Constitution or embodied

in the International Covenants".

FUNCTIONS -TPHRA mandates the NHRC to perform the following functions -

proactively or reactively inquire into violations of human rights or negligence in the

prevention of such violation by a public servant

by leave of the court, to intervene in court proceeding relating to human rights

to visit any jail or other institution under the control of the State Government, where

persons are detained or lodged for purposes of treatment, reformation or protection,

for the study of the living conditions of the inmates and make recommendations

review the safeguards provided 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

review the factors, including acts of terrorism that inhibit the enjoyment of human

rights and recommend appropriate remedial measures

to study treaties and other international instruments on human rights and make

recommendations for their effective implementation

undertake and promote research in the field of human rights

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engage in human rights education 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

encourage the efforts of NGOs and institutions working in the field of human rights

such other function as it may consider it necessary for the protection of human

rights.

COMPOSITIONThe NHRC (National Human Rights Commission) consists of:

A Chairperson

One Member who is, or has been, a Judge of the Supreme Court of India

One Member who is, or has been, the Chief Justice of a High Court

Two Members to be appointed from among persons having knowledge of, or

practical experience in, matters relating to human rights

In addition, the Chairpersons of four National Commissions of ( 1.Minorities 2.SC

3.ST 4.Women) serve as ex officio members.

APPOINTMENT -Sections 3 and 4 of TPHRA lay down the rules for appointment to the NHRC. The

Chairperson and members of the NHRC are appointed by the President of India, on the

recommendation of a committee consisting of:

The Prime Minister (chairperson)

The Home Minister

The Leader of the Opposition in the Lok Sabha (House of the People)

The Leader of the Opposition in the Rajya Sabha (Council of States)

The Speaker of the Lok Sabha (House of the People)

The Deputy Chairman of the Rajya Sabha (Council of States)

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STATE HUMAN RIGHTS COMMISSIONS

Constitution of State Human Rights Commissions

(1) A State Government may constitute a body to be known as the.......................

(Name of the State) Human Rights Commission to exercise the powers conferred upon,

and to perform the functions assigned to, a State Commission under this chapter.

(2) The State Commission shall, with effect from such date as the State Government

may by notification specify, consist of—

(a) A Chairperson who has been a Chief Justice of a High Court;

(b) One Member who is, or has been, a Judge of a High Court or District Judge in

the State with a minimum of seven years’ experience as District Judge;

(c) One Member to be appointed from amongst persons having knowledge of, or

practical experience in, matters relating to human rights.

(3) There shall be a Secretary who shall be the Chief Executive Officer of the State

Commission and shall exercise such powers and discharge such functions of the State

Commission as it may delegate to him.

(4) The headquarters of the State Commission shall be at such place as the State

Government may, by notification, specify.

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(5) A State Commission may inquire into violation of human rights only in respect of

matters relatable to any of the entries enumerated in List II and List lll in the Seventh

Schedule to the Constitution:

Provided that if any such matter is already being inquired into by the Commission or any

other Commission duly constituted under any law for the time being in force, the State

Commission shall not inquire into the said matter: Provided further that in relation to the

Jammu and Kashmir Human Rights Commission, this sub-section shall have effect as if

for the words and figures “List II and List III in the Seventh Schedule to the Constitution”,

the words and figures “List III in the Seventh Schedule to the Constitution as applicable

to the State of Jammu and Kashmir and in respect of matters in relation to which the

Legislature of that State has power to make laws” had been substituted.

(6) Two or more State Governments may, with the consent of a Chairperson or Member

of a State Commission, appoint such Chairperson or, as the case may be, such

Member of another State Commission simultaneously if such Chairperson or Member

consents to such appointment: Provided that every appointment made under this sub-

section shall be made after obtaining the recommendations of the Committee referred to

in sub-section(1) of section 22 in respect of the State for which a common Chairperson

or Member, or both, as the case may be, is to be appointed.

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LIST OF STATES HAVING HUMAN RIGHTS

COMMISSIONS

1. ASSAM

2. ANDHRA PRADESH

3. BIHAR

4. CHHATTISGARH

5. GUJARAT

6. GOA

7. HIMACHAL PRADESH

8. JAMMU & KASHMIR

9. KARNATAKA

10. KERALA

11. MADHYA PRADESH

12. MAHARASTHRA

13. MANIPUR

14. ODISHA

15. PUNJAB

16. TAMIL NADU

17. UTTAR PRADESH

18. WEST BENGAL

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19. JHARKHAND

20. SIKKIM

21. UTTARAKHAND

22. HARYANA

23. RAJASTHAN

Appointment of Chairperson and Members of State

Commission -

(1) The Chairperson and Members shall be appointed by the Governor by warrant under

his hand and seal:

Provided that every appointment under this sub-section shall be made after obtaining

the recommendation of a Committee consisting of

(a) The Chief Minister — Chairperson

(b) Speaker of the Legislative Assembly — Member

(c) Minister in-charge of the Department of Home, in that State — Member

(d) Leader of the Opposition in the Legislative Assembly — Member

Provided further that where there is a Legislative Council in a State, the Chairman of

that Council and the Leader of the Opposition in that Council shall also be members of

the Committee. Provided also that no sitting Judge of a High Court or a sitting District

Judge shall be appointed except after consultation with the Chief Justice of the High

Court of the concerned State.

(2) No appointment of a Chairperson or a Member of the State Commission shall be

invalid merely by reason of any vacancy of any Member in the Committee referred to in

sub-section (1)

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Resignation and Removal of Chairperson or a Member

of the State Commission -

(1) The Chairperson or a Member of a State Commission may, by notice in writing

under his hand addressed to the Governor, resign his office

(1A) Subject to the provisions of sub-section (2), the Chairperson or any Member of the

State Commission shall only be removed from his office by order of the President on the

ground of proved misbehaviour or incapacity after the Supreme Court, on a reference

being made to it by the President, has, on inquiry held in accordance with the procedure

prescribed in that behalf by the Supreme Court, reported that the Chairperson or such

Member, as the case may be, ought on any such ground to be removed.

(2) Notwithstanding anything in sub-section (1A), the President may by order remove

from office the Chairperson or any Member if the Chairperson or such Member, as the

case may be –

(a) Is adjudged an insolvent; or

(b) Engages during his term of office in any paid employment outside the duties

of his office; or

(c) Is unfit to continue in office by reason of infirmity of mind or body; or

(d) Is of unsound mind and stands so declared by a competent court; or

(e) Is convicted and sentenced to imprisonment for an offence which in the

opinion of the President involves moral turpitude.

Term of office of Chairperson and Members of the

State Commission

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(1) A person appointed as Chairperson shall hold office for a term of five years from the

date on which he enters upon his office or until he attains the age of seventy years,

whichever is earlier;

(2) A person appointed as a Member shall hold office for a term of five years from the

date on which he enters upon his office and shall be eligible for re-appointment for

another term of five years;

Provided that no Member shall hold office after he has attained the age of seventy

years.

(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further

employment under the Government of a State or under the Government of India.

Member to act as Chairperson or to discharge his

functions in certain circumstances –

(1) In the event of the occurrence of any vacancy in the office of the Chairperson by

reason of his death, resignation or otherwise, the Governor may, by notification,

authorize one of the Members to act as the Chairperson until the appointment of a new

Chairperson to fill such vacancy.

(2) When the Chairperson is unable to discharge his functions owing to absence on

leave or otherwise, such one of the Members as the Governor may, by notification,

authorise in this behalf, shall discharge the functions of the Chairperson until the date

on which the Chairperson resumes his duties.

Terms and conditions of service of Chairperson and

Members of the State Commissions –

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The salaries and allowances payable to, and other terms and conditions of service of,

the Chairperson and Members shall be such as may be prescribed by the State

Government;

Provided that neither the salary and allowances nor the other terms and conditions of

service of the Chairperson or a Member shall be varied to his disadvantage after his

appointment.

Officers and other staff of the State Commission-

(1) The State Government shall make available to the Commission:

(a) An officer not below the rank of a Secretary to the State Government shall be

the Secretary of the State Commission; and

(b) Such police and investigative staff under an officer not below the rank of an

Inspector General of Police and such other officers and staff as may be

necessary for the efficient performance of the functions of the State Commission.

(2) Subject to such rules as may be made by the State Government in this behalf, the

State Commission may appoint such other administrative, technical and scientific staff

as it may consider necessary.

(3) The salaries, allowances and conditions of service of the officers and other staff

appointed under sub-section (2) shall be such as may be prescribed by the State

Government.

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Annual and special reports of State Commission

(1) The State Commission shall submit an annual report to the State Government and

may at any time submit special reports on any matter which, in its opinion, is of such

urgency or importance that it should not be deferred till submission of the annual report.

(2) The State Government shall cause the annual and special reports of the State

Commission to be laid before each House of State Legislature where it consists of two

Houses, or where such Legislature consists of one House, before that House along with

a memorandum of action taken or proposed to be taken on the recommendations of the

State Commission and the reasons for non-acceptance of the recommendations, if any.

Application of certain provisions relating to National

Human Rights Commission to State Commissions

The provisions of sections 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall apply to a State

Commission and shall have effect, subject to the following modifications, namely:

(a) References to “Commission” shall be construed as references to “State

Commission”;

(b) In section 10, in sub-section (3), for the word “Secretary General”, the word

“Secretary” shall be substituted;

(c) In section 12, clause (f) shall be omitted; (d) in section 17, in clause (i), the words

“Central Government or any” shall be omitted.

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CHHATTISGARH HUMAN RIGHTS COMMISSION

INTRODUCTION

 

The Protection of Human Rights Act 1993, (an Act of the Parliament), provides for

establishment of the National Human Rights Commission at the national level and State

Human Rights Commissions at the state level. In the State of Chhattisgarh, the CG

Human Rights Commission was established on 16th April 2001. Shri Justice K. M.

Agrawal, a former Chief Justice of Sikkim High Court was appointed as Chairperson

and Shri K. A. Jacob, former D. G. P. of Bihar was appointed as member vide

Notification No. 4139/GAD/2001 with effect from the date they assumed charge of the

office.

The Human Rights Commission is an autonomous high power human rights watch body

which derives its authority from the Protection of Human Rights Act, 1993. Its autonomy

lies, among other things, in the method of appointment of its Chairperson and Members,

their fixed tenure and the statutory guarantee provided in section 23 of the Act, and the

financial autonomy referred to in section 33 of the Act. The high status of the

Commission is found in the status of the Chairperson, Members and its functionaries.

Like other Commissions, only a former Chief Justice of a High Court can be appointed

as Chairperson and, likewise, the Secretary to the Commission is an officer not below

the rank of Secretary to the State Government. The Commission has an investigating

agency of its own.

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FORMATION OF CHHATTISGARH HUMAN RIGHTS

COMMISSION

Sec. 21 of the Protection of Human Rights Act, 1993, as amended by the Protection of

Human Rights (Amendment) Act, 2006 under Chapter V, lays down that the State

Government may constitute a Human Rights Commission which shall consist of :

A Chairperson who has been a Chief Justice of a High Court.

One Member who is, or has been, a Judge of a High Court or District Judge in

the State with a minimum of seven years; experience as District Judge;

One Member to be appointed from amongst persons having knowledge of, or

practical experience in, matters relating to human rights.

The Commission has a Secretary who is the Chief Executive Officer of the

Commission.

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PRESENT SET UP OF THE COMMISSION

CHAIRPERSON

HON. JUSTICE RAJEEV GUPTA

(FORMER CHIEF JUSTICE , HIGH COURT)

MEMBER MEMBER

SHRI Y. K. S. THAKUR SHRI. R.K. BEHER

(FORMER INSPECTOR GENERAL OF POLICE) (FORMER REGISTRAR , HIGH COURT)

JOINT SECRETARY DEPUTY SECRETARY

SHRI DILIP BHATT SHRI G.S. VERMA

(FORMER DISTRICT AND SESSION JUDGE) (FORMER STATE ENGINEERING SERVICES)

LAW OFFICER

SHRI HARISH CHANDRA MISHRA

(STATE JUDICIAL SERVICES)

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POWER, PROCEDURE & FUNCTION OF COMMISSION

The Commission shall perform all or any of the following functions, namely:

(a) Inquire, suo motu or on a petition presented to it by a victim or any person on his

behalf, into complaint of

  (i) Violation of human rights or abetment thereof or

  (ii) Negligence in the prevention of such violation, by a public servant;

(b) Intervene in any proceeding involving any allegation of violation of human rights

pending before a court with the approval of such court;

(c) Visit 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 conditions of the inmates and make

recommendations thereon;

(d) Review the safeguards provided 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.

(e) Review the factors, including acts of terrorism that inhibit the enjoyment of human

rights and recommend appropriate remedial measures;

(f) Undertake and promote research in the field of human rights;

(g) 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;

(h) Encourage the efforts of non-governmental organizations and institutions working in

the field of human rights;

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CLASSIFICATION OF COMPLAINTS IN CHHATTISGARH

HUMAN RIGHTS COMMISSION

1. Custodial death in Police

2. Police atrocities

3. Police inaction

4. Complaint related to false implication

5. Illegal detention

6. Other Police related complaints

7. Custodial rape

8. Custodial death in jail

9. Complaint related to jail

10. Complaint related to fake encounter

11. Complaint related to missing persons

12. Atrocities against women

13. Complaint related to Tonhi

14. Complaint related to dowry

15. Complaint related to child atrocities

16. Complaint related to child marriage

17. Complaint related to child labour/forced labour

18.Complaint related to departments

19. Complaint related to pension

20. Complaint related to accountant general

21. Complaint related to health department

22. Complaint related to education department

23. Complaint related to pollution department

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24. Complaint related to revenue department

25. Complaint related to forest department

26. Complaint related to Naxalite incidents

27. Complaint related to human trafficking

28. Complaint received from NHRC

29. Miscellaneous complaints

CASE LAWS

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1. CASE- 1

Registration no. –RJN/58/2014/PC Registration date -05/07/2014 District – Rajnandgaon Complain category – Complain related to pension Applicant – Sevak das Non-applicant – Tresure and account of pension office

COMPLAIN DISCRIPTION –

Applicant wrote to commission , he complained against the pension office and requested for payment of his pension.

ACTION – Applicant wrote to commission , and the payment of pension was done.

STATUS – Pension received by the applicant.

2. CASE – 2

Registration no – RYP/253/07 Registration date – 26/04/07 District – Raipur Complain category – Police Atrocities Applicant – Mariayanus Kujur Non- applicant – Sunil Sahu and Robin Khems ( POLICE)

COMPLAIN DESCRIPTION-

Applicant had a quarrel with his elder brother and elder brother’s wife , he thought that they were doing black magic on him; he went to his brother’s house with his wife where they assaulted them and made them to drink urine. His sister-in-law reported the scenario to police, later both non-applicant came and they took the applicant to police station and used physical force on him. Applicant in his complain stated that both police staff ill treated him in lockup.

ACTION- Commission on their inquiry found both staff guilty. Chhattisgarh Human Rights Commission passed an order that victim must be given compensation of Rs 10000 from the date of order passes.

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STATUS- Order passed on 17/08/2012

3. CASE – 3

Registration no.- SKM/21/20150NAXC Registration date - 16/04/2015 District – Sukma Complain category – Complaints related to Naxalite Incidents Applicant’s name- Sodi Soni Non – applicant’s name – Naxali commander

COMPLAIN DISCRIPTION-

Sodi Soni has made a complaint that her husband has been killed in naxal attack. She has filled a case in police station under section 147,148,149,307,302 of indian penal code .She has been continuously threatened by non- applicant.

STATUS – Chhattisgarh Human Rights Commission has given a notice to collector Sukma for dealing with the case and take to action against non-applicant.

4. CASE – 4

Registration no- BPR/18/2014/JDC Registration date -31/10/2014 District – Balrampur Complain category- Custodial death in jail Applicant’s name – Jail superintendent Non- applicant’s name - Jail superintendent

COMPLAIN DISCRIPTION-

Jail superintendent of jail Ramanaujganj has informed CGHRC regarding the death of the undertrial prisoner Kishan Kodaku. On 5/9/2014 he wa sill and was sent to govt. hospital. He was admitted and during the process of treatment on 5/09/2014 he died.

ACTION- From the information of the jail superintendent CGHRC registered the case. CGHRC sent the notice to collector Balrampur to give the investigation report .

STATUS- Repot has been submitted by collector Balrampur.

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5. CASE – 5

Registration no.- MHS/08/2011/HDC Registration date – 16/11/2011 District- Mahasamund Complain category – Complaint related to health department Applicant’s name – Sahasram Vald Non applicant’s name – Doctor

COMPLAIN DESCRIPTION-

Applicant attended eye camp on 2/02/11 in Mahasamund where he has mayopia operation. After the operation he had a complain that he is not able to see from left eye.

STATUS- CGHRC has given a notice to Chief Medical Officer to take action against it and ordered them to give compensation to the applicant.

6. CASE – 6

Registration no.- DTW/17/2014/MC Registration date – 08/12/2014 District- Dantewada Complain category – Miscellaneous complain Applicant’s name- Jhumar singh Non – applicant’s name – Kameshwari

COMPLAIN DESCRIPTION –

Applicant has done love marriage with Kameshwari and her family members are being violent with him and are harassing him and the police officer of Geedam police station has taken the bribe and has put kameshwari into zail. Applicant’s complain is against the police officer( Loksevak).

ACTION – CGHRC has given a notice to police superintendent to take further action.

STATUS- Police superintendent has written a letter to CGHRC saying that applicant has made the promise to non-applicant of marrying her but he used him phycsically for 6 months . After investigation , evidence were found against him therefore he was sent to jail on 21/02/2014. After investigation it was found that to save himself Jhumar singh had made a false complain.

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7. CASE – 7

Registration no.- SKM/02/2014/NHRC Registration date – 10/04/2014 District – Sukma Complain category – National Human Rights Commission (NHRC) Applicant’s name – Radhakant Tripathi Non-applicant’s name – C.G Govt

COMPLAIN DESCRIPTION –

The complain has been received from NHRC. Advocate Radhakant Tripathi has registered a complain in NHRC that people of Sukma village are suffering from the problem of poverty and naxalism and govt of Chhattisgarh is not even providing them basic facilities of life such as road , water, hospitals etc. Applicant is putting allegation on C.G. govt saying that state has failed to ensure the basic human rights of the villagers of Sukma district.

ACTION – NHRC transferred the complain to CGHRC , because grievance raised in these complaints relate to matters ,which are subject to the state list.

STATUS – NHRC directed the CGHRC to visit the area and access the plight of the villagers and provide basic human rights to the villagers.

8. CASE – 8

Registration no- KRY/52/2013/PAC Registration date – 23/12/2013 District – Korea Complain category – Police Atrocities Applicant’s name – Vijay Shrivastav and Kamdev Shrivastav Non- Applicant’s name – Police Officer

COMPLAIN DESCRIPTION-

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In the present complaint , the applicant has mentioned that the Police Inspector

has pounded him some money. A complaint of police atrocities has been registered by the applicant in thi case.

STATUS-

The complaint has been mainly referred to the police superintendent and only a copy of copy of the complaint was given in the commission.For this reason ,no proceeding could be made and the case was thus dismissed.

9. CASE – 9

Registration no.- MHS/78/2013/WAC Registration date – 30/12/2013 District- Mahasamund Complain category – Atrocities against women Applicant’s name – Poornima Dewangan Non- Applicant’s name – Vinod Sinha and Others

COMPLAIN DESCRIPTION –

In present complaint, the complainant mentioned that the non – applicant , with an intent to defame, started abusing the applicant and her husband. The non- applicant also pounded saying that he would make the applicant nude and would make him to roam in the town in order to defame her. He also pounded them for killing them.

STATUS –

The complaint was reffered to Police Inspector at Pithora and only a copy was given to the commission. So as the complaint is not related to commission , it was dismissed .

10. CASE – 10

Registration no – RYP/201/2014/PC Registration date – 14/08/2014 District – Raipur Complain category – Complaint related to pension Applicant’s name – N.kumar dewangan Non –Applicant’s name – Govt. Polytechnic college ( Janzgir – Champa )

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COMPLAIN DESCRIPTION-

Petitioner was a govt. employee from 1/12/72 to 30/11/14 , according to it he is entitled for pension but he is not receiving the pension after the retirement. Therefore he approached to CGHRC for the same.

STATUS-

CGHRC has directed the college to give pension to the applicant.

CONCLUSION

Being human we are entitled to certain rights which are called as human rights. These rights are essential for ones progress and development. These human rights must be protected. For this purpose various commissions have been established in our country and the states. The national human rights commission was established on 12th October , 1993 under the legislative mandate of protection of human rights act 1993. This act also recommended for the setting up of state human rights commission at state level and human right courts along with the NHRC as the CGHRC. the functions and powers of the state commission are similar to those of NHRC. The only difference is that the state commission cant make the study of treaties.

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The CGHRC is yet another forum that has been working towards the achievement of this goal. The code of conduct followed here, is in dedication to the sole object of the commission. There have been many cases on which the commission took a forward step in ensuring rights of people and providing remedies to the underprivileged within the Chhattisgarh state. It gives great experience in the matters relating to protection of human rights and further awareness. The internship period had been very purposeful and I could strive to broaden my sphere in human rights law while in the commission.

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