Role of State HRC, NCW, NCM, SC/ST Commission

Introduction:

One of the primary roles of a state is to protect and promote the interests of its citizens which can be furthered by protecting and promoting their rights. Certain sections of society have been vulnerable since time immemorial such as women, minorities as also the scheduled castes, and the scheduled tribes. Thus, it became one of the fundamental duties of the state to protect their rights through different mechanisms such as legislation which provide for setting up commissions. These commissions play a pivotal role in the protection and promotion of their rights. Some of these commissions have been discussed hereafter.

State Human Rights Commission (SHRC)

This commission was established by the Protection of Human Rights Act, 1993. It comprises of the Chairperson (a person who has been Chief Justice or judge of the High Court), a member who has been a judge of the high court or district court having 7 years of experience in case of the latter, and a member having practical experience or knowledge of matters relating to human rights u/s 21. The members are in office for three years or on attaining 70 years of age whichever is soon.

Its functions have been enumerated u/s 21 and are as follows:

1. Interject in proceedings pending before a court with its approval in matters relating to violation of human rights.
2. Investigate complaints relating to infringement of human rights or negligence by a public servant in the prevention of the former, which can be done when presented with a petition by the victim or any person on his behalf or suo motu or when directed by any court.
3. In order to make suggestions to the State Government regarding the living conditions of the inmates, it has the right to visit jails or other institutions under the jurisdiction of that government.
4. Analyze the safeguards for protection of human rights under the constitution or any other law in force and advise means for their efficacious enforcement.
5. Analyze the elements (for instance terrorism), which constrain the enjoyment of human rights and to suggest appurtenant corrective measures.
6. Initiate and advance research in the sphere of human rights.
7. Spread awareness regarding human rights and safeguards available for the same amongst multifarious sections of the society by media and other means.
8. Laud the endeavors of non-governmental organizations and other institutions engaged in this sphere.
9. Other functions that may be considered significant by it for the protection of human rights.

State of Kerala V. The Human Rights Commission[1]– Here, the state of Kerala filed a writ appeal against the judgment in W. P(C) No.23210 of 2014, wherein the learned judge dismissed the appeal against the order directing payment of compensation by the Kerala State Human Rights Commission. A suo motu action had been taken by the commission on reading the newspaper article which reported about the unnatural death of two minor children because of falling into an open and flooded quarry. This court on hearing both parties held that, “the writ appeal should be dismissed since there were no merits in the submissions of the Government Pleader.” 

National Commission for Women (NCW)

This commission was established by the National Commission for Women Act, 1990. It comprises of a chairperson, 5 members (one of whom must belong to Scheduled Caste and Scheduled Tribes), and a Member-Secretary.

The functions of this commission [u/s 10(1)] are:

1. Inquire in matters under the constitution and other laws, regarding safeguards for women.
2. Annually and at other times when the commission considers fit, it advances before the Central Government reports on the functioning of the safeguards.
3. Make in the aforementioned report’s suggestions for the efficacious enforcement of the safeguards by the Union of the states for ameliorating the conditions of women.
4. Examine legislation and the provisions of the constitution regarding women and suggest amendments to them so as to do away with the inefficacies.
5. Take up with the appropriate authorities, cases regarding infringement of provisions of other legislation, and the constitution regarding women.
6. Analyse complaints and take suo motu action in matters regarding-
7. Violation of women’s rights;
8. Non- enforcement of laws passed to protect the rights of women and attain the aim of equality;
9. Defiance of recommendations designed for securing the welfare of women and providing amelioration to women.
10. Necessitate examination of particular issues stemming from malfeasance against women and recognize the impediments in order to suggest procedures for their eradication.
11. Take up research for recommending means to secure the representation of women in all fields and recognize elements accountable for constraining their development.
12. Engage and recommend framing processes for the socio-economic advancement of women.
13. Assess the advancement in the development of women under the union or any state.
14. Investigate jails and other institutions wherein women are kept as prisoners and discuss corrective actions with the appropriate authorities.
15. Finance litigations regarding issues affecting women at large.
16. On matters concerning women, to make periodical reports to the government.
17. Any matter that the Central Government refers to it.

It has intervened in several cases to provide assistance to aggrieved women and has also expressed its views on several issues concerning women. In the case of Seema v. Ashwani Kumar[2], the commission was directed by the Honourable Supreme Court to express its standpoint on registration of marriages.

National Commission for Minorities (NCM)

This commission was established under the National Commission for Minorities Act, 1992(hereafter referred to as ‘act’). It comprises of a Chairperson, Vice-Chairperson, and 5 other members (all from minority communities) for 3 years.

Its functions (u/s 9) are as follows:

1. Assess the advancement in the development of minorities under the Union and the states.
2. Superintend the efficaciousness of the safeguards laid down by any law passed by the Parliament and State legislatures or the Constitution.
3. Make suggestions to the Central or the State Governments for the efficacious enforcement of the safeguards for preserving the interests of the minorities.
4. Examine complaints regarding the violation of the rights of minorities and discuss it with appropriate authorities.
5. Encourage the undertaking of research on issues stemming from any prejudice against minorities and suggest means for their eradication.
6. Undertake studies and researches on problems regarding the socio-economic advancement of minorities.
7. Recommend appurtenant measures to be taken by the Central or State governments in relation to any minority.
8. Make to the Central Government on any issue concerning the minorities (specifically, the problems faced by them) periodical reports.
9. Such other matters which the Central Government refers to it. 

In Bal Patil and Another v. Union of India and Others[3], the NCM had made suggestions to the Union to include the Jain community u/s 2(c) of the Act. However, owing to the inaction on the part of the Union the appellant filed a writ petition seeking mandamus, directing the Government to implement the suggestions of the commission. The court here opined that the Central Government would not be given more than four months from that day to consider the recommendations made.

National Commission for Scheduled Castes (NCSC)

By the 85 Amendment Act of 2003, this constitutional commission was established on the division of the National Commission for Schedule Caste and Schedule Tribes and is governed u/a 338 of the Constitution. It comprises of Chairman, vice-chairman, and other 3 members whose term of office is determined by the President.

The functions of the commission [u/a 338(5)] are:

1. Supervise and inspect problems regarding the safeguards laid down for the Scheduled Castes (referred to as SC hereafter) in the Constitution.
2. Examining complaints regarding violation of safeguards and rights of SCs.
3. Making recommendations to the Central or State governments regarding the framing of policies for the socio-economic advancement of SCs.
4. Present to the President of India frequent reports regarding the enforcement of these safeguards.
5. Giving advice on how to promote the welfare of the SCs.
6. All other functions regarding the advancement and safeguarding of the SCs.

In Union of India v. The National Commission for Scheduled Castes &Another[4], the petitioner had challenged the commission’s order (in the nature of minutes of the meeting) dated 18.8.2015, by filing a writ petition. The court allowed the writ petition and opined that though the commission has the procedural powers of a Civil court in certain matters, it does not have the power to grant injunctions.  

National Commission for Scheduled Tribes (NCST)

By the 85 Amendment Act of 2003, this constitutional commission was established on the division of the National Commission for Schedule Caste and Schedule Tribes and is governed u/a 338A of the Constitution.

It comprises of Chairman, vice-chairman, and other 3 members whose term of office is determined by the President.

The functions of this commission are [u/a S.338A(5)] as follows:

1. Supervise and inspect problems regarding the safeguards laid down for the Schedule Tribes (referred to as ST hereafter) in the Constitution.
2. Examining complaints regarding violation of safeguards and rights of STs.
3. Making recommendations regarding the framing of policies for the socio-economic advancement of STs and examining the different activities carried out for their advancement.
4. Presenting an annual report regarding the implementation of safeguards as well as other reports when necessary to the President.
5. Reports on the steps that can be taken by the Central and the State governments for efficacious implementation of the measures for the advancement of the STs.
6. All other functions regarding advancement and safeguarding the STs.

In Vijay Singh Gond and Others. v. Union of India and Others[5], the petitioners belonging to the scheduled caste community were shifted to the schedule tribe community by the 85^th Amendment Act,2003. They contended that this had affected them and other persons of their community since they had enjoyed the benefits of the Scheduled Caste community but were now deprived of the same. They contended that this act is “unconstitutional and ultra vires Articles 14, 19 and 21 as also Part XVI (Articles 330 to 342) of the Constitution.” The petitioners claimed interim relief which was not granted by the Supreme Court.

Conclusion

As seen above, these commissions are legal mechanisms that are instrumental in the protection of the safeguards and rights of the vulnerable sections of the society. However, they would be more efficient in their role if given more powers. For instance, by providing the SHRC the power to grant monetary relief and punishing the violators. Also, giving the NCW the power to select its members which would make it more independent from the Central Government. The NCM should be made a Constitutional commission so that it can work independently of the state and the central government. The NCSC and the NCST are constitutional bodies and are relatively more independent from the government’s actions than the aforementioned Statutory bodies. The Parliament cannot change their power and their salaries cannot be reduced and they can only be dissolved by a constitutional amendment by the Parliament. Thus, it is evident that while steps have been taken for the upliftment of the vulnerable sections of the society by these commissions, there is still scope for strengthening them.

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References:

1. The protection of human rights Act,1993, INDIA CODE (11^th Oct.,2020, 9:40 AM), https://www.indiacode.nic.in/handle/123456789/1970?view_type=browse&sam_handle=123456789/1362#26819.
2. State Human Rights Commission, Jagran Josh (11^th Oct.,2020, 10 AM), https://www.jagranjosh.com/general-knowledge/state-human-rights-commission-1438319148-1.
3. Protection of Human Rights Act (Amendment) Bill, 2019, prsindia, (11^th Oct.,2020, 9:50 AM), https://www.prsindia.org/billtrack/protection-human-rights-amendment-bill-2019.
4. State of Kerala V. The Human Rights Commission, CASE MINE (11^th Oct.,2020, 3:30 PM), https://www.casemine.com/judgement/in/5767b118e691cb22da6d2f87.
5. The National Commission for Women Act, 1990, INDIA CODE (11^th Oct.,2020, 4:10PM), https://www.indiacode.nic.in/handle/123456789/1944?view_type=browse&sam_handle=123456789/1362.
6. Important Court Interventions – Inquiries, National Commission for Women, India (11^th Oct.,2020, 5:30 PM), http://ncwapps.nic.in/frmLImpInterventions.aspx.
7. The National Commission for Minorities Act, 1992, INDIA CODE (11^th Oct., 2020, 6 PM), https://www.indiacode.nic.in/handle/123456789/1927?view_type=browse&sam_handle=123456789/136.
8. Bal Patil and Another v. Union of India and Others, CASE MINE (12^th Oct.,2020, 2 PM), https://www.casemine.com/judgement/in/56ea980c607dba382a07968c.
9. The Constitution (Eighty- Ninth Amendment) Act, 2003, Legislative Department- Government of India (12^th Oct., 2020, 2:30 PM), http://legislative.gov.in/constitution-eighty-ninth-amendment-act-2003#:~:text=Under%20article%20338%20of%20the,the%20Constitution%20or%20other%20laws.
10. National Commission for Schedule Castes, BYJU’S (12^th Oct.,2020, 2 :45 PM), https://byjus.com/free-ias-prep/national-commission-for-scheduled-castes-ncsc/.
11. Union of India Vs. The National Commission for Schedule Castes &Another, Legal Crystal (12^th Oct., 2020, 6:40 PM), https://www.legalcrystal.com/case/1204609/union-india-vs-national-commission.
12.  National Commission for Schedule Tribes (NCST)- Indian Polity Notes, BYJU’S (12^th Oct.,2020, 5 PM), https://byjus.com/free-ias-prep/national-commission-for-scheduled-tribes-ncst/.
13. Vijay Singh Gond and Others. v. Union of India and Others, Legal Crystal (12^th Oct., 2020, 5:30 PM), https://www.legalcrystal.com/case/670692/vijay-singh-gond-vs-union-india.

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Case Laws

[1] State of Kerala V. The Human Rights Commission, 14^th Oct., 2014 (India).

[2] Seema v. Ashwani Kumar, 25^th Oct.,2007 (India).

[3] Bal Patil and Another v. Union of India and Others,29^th Jul.,2005 (India).

[4]  Union of India v. The National Commission for Schedule Castes &Another, 3^rd Mar.,2017 (India).

[5] Vijay Singh Gond and Others. v. Union of India and Others, (2007) 3 S.C.C 519 (India).