T he

Protection of
H um an R ights A ct, 1993
gAsam ended bjrtlze Protection ofHuman lkights
(Am endm ent)Act,2006-N o.43 of20061

b-t
-

NationalH uman Rights Comm ission

Faridko:H ouse
Copernicus M arg
N ew D elhi- 110 001
Nvebsite :Nmvw.nhrc.nic.in

THE PRO TECTIO N O F HU M AN RIG HTS ACX

1993*
.

No. 10 of 1994

'
'

'

(8th January,1994)
An Act to provide for the constitution of a National Hum an
Rights Com mission,State Human Rights Com m ission in States and
Hum an Rights Courts for betterprotection of hum an rights and for
m atters connected therewith or.incidentalthereto.
Be it enacted bp Parliam ent in the fort
y-fourth pear of the
Republic ofalndia as follows :
* As qmended bp the Protection ofHuman Sfghls pAmendmcnl)Act, 200&.
No.43 oj2006.

'

C O N TEN T S
PR EAM BLE
C HABr.
R 1

PRELIM INA R
Short title,extent and com m encem ent

1
1

2. Definitions
CHAIC'
ER 11

TH E NATIO NAL H UM AN RIG H TS CO M M ISSIO N

Constitution' of a NationlHuman Rights Com'm ission
Appointment of Chaim erson and other M em bers

Resignation and rem ovalof Chairperson and M embers

6. Term ofO ffice of Chairperson and Members

Member to actas Chairperson or to discharge his
functions in certain circum stanes

8. Term s and conditions of service of Chairperson and M embers

Vacancies etc.,not to invalidate'the proceedings
of the Com m ission

5
6

10. Procedure to be regulated W the Commission .

Officers and other staffof the Comrriission

CHAN ER III

FUXCTIONS AND POW ERS OF THE COMM ISSION

12. Functions ofthe Commissioh

13. Powers relating to inquiries

l4. investigation

15, Statem ent made bv pcrsons to the Comm ission

16. Persons likely to be prejudiciallv affected to be heard

12

CHABTER IV

PRO CED URE

13

Inquity into com plaints

18. Steps during and after inquiw

14

19. Procedure with respect to arm ed forces

20 Anpualand specialreports of the Com mission
CHABTER V

STATE H UM A N RIG H TS C O M M ISSIO N

Constitution of State H um an Rights Com m issions

16

22. AppointmentofCl
lairpe'
rson and Members
of State Com m ission

23. Resignation and Rem ovalof Chairperson or a

M em ber of the State Com m ission

18

24. Term of office of Chaim erspn and M embers

of the State Comm ission

19

25. M ember to act as Chairperson or to discharge

his functions in certain circum stances
26. Term s and conditions of servic
'e of Chairperson and
M em bers of State Com m ission '
'

19
20

27. O fficers and other staff of the State Com mission

20

28. Annualand specialreports of State Com m ission

21

29. Application ofcertain provisions relating to National

Human Rights Comm ission to State Com m issions

21

CHm ER V I

H UM A N RIG H TS C O U RTS
H um an Rigbts Courts

22

31. SpecialPublic Prosecutor

22

CHAN ER VII

FINA N CE. A CCO U NTS AN D A UD IT

32. Grants W the CentralGovernment

23

33. Grants bp the State G overrim ent

23

34. Accountsandhudit

23

35. Accounts. and A uditof State Comm ission

24

CH- ER VIII

M ISCELLAN EO U S
36. Matters'
notsubjectto jurisdiction ofthe Commission

26

37. Constitution ofspecialinvestigation team s

26

38. Protection qfaction taken in good faith

26

39. M em bers and officrs to be public sewants

26

40. Power of CentralGovernm ent to make rules

4O(A).Powerto make rules retrospectivelg

400 ).PowerofCommission to make Regulations

28

41. Power of State Governm ent to m ake rules

29

Power to rem ove difficulties

28
29
30

43. Repealand Savipgs

(v)

CHABTER I

PR ELIM IN A RY
1. Short title, e-u enf and com m encem ent

(1) This Actrnag be called the Protection ofHuman RightsAct,

1993.*

(2) Itcxtendsto the whole ofIpdia.

Provided thatitshaltapplgto'the State ofJammu and Kashmironly.
in so far as it pertains to tbc matters relatable to anp of the entrias
enumerated in ListIorList1llin the Seventh Schedule to the Constitution
as applicable to thatState.
'

(3J Iishallbedeemed to have come into force on the 28th day of

September, 1993.

2. Deiinitions
(1) In thisAct,unless the coptextotherwise requires(a) tlarmedforccs''meanstlnenaval,militarpandairforcesand
includes ang other armed forces ofthe Union;

(b) ''Chairperson'
'meansthe Chairperson oftheCommission
or of the State Com m ission,as fhc case m ay be;

(c) l'Commission'' means the National Human Rights

Comm ission under section 3; '
t'hum an rights''m eans the rights relating to life,Iibertg,

equalitg and dignitp of the individualguaranteed bp the

Constitution or em bodied in the InternationalCovenants
and enforceable by courts in lndia.
'

(e) ''Human Rights Court''rneans the Human Rights Court

specified under section 30;

(f) 'tlnternationalCovenants''meansthcInternationalCovenant
on Civiland PoliticalRightsand the InternationalCovenant
on Econom ic,Sociaiarjd Culturalrights adopted by the
General Assem bl
y of the United Nations on the 16th
*Amended vide Protection ofHuman Rights(Amendment)Act.2006 (No.43 of2006).

December, 1966 (and such othef Covenant or

Convention '
adopted bg the GeneralAssem blp'of
the United Nations as the Central Government

mag:by notification,specifg''ll;
''M em ber''m eansa M em berofthe Comm ission or
ofthe State Com mission.as the case mag bez;

(h) ''NationalCommissio'n for Minorities' means the

Nalional Comm ission for M inorities constitutcd

uqder section 3 ofthe NationalCommission for

Minorities Act, 1992;

(i) ''NationalCommission forthe Scheduled Castes''

m eansthe NationalCom mission forthe Scheduled 43 of2006

CastesreferredtoinArticle338oftheConstitutionl;
(ia) ''NationalCornmission forthe Scheduled Tribes''
m eans the NationalCom mission forthe Scheduled 43 of2006
TribesreferredtoinArticle338A oftheConstitutionz;

(j) ''National Commission for Women''means the

NationalComm ission forW omen constituted pnder 20 of1990
section 3 ofthe NationaiCom mission forW om en
Act, 19904

(k) ''Notifcation'
'meansanotification publishedinthe.
officialGazette;

(I
) ''Prescribed''meansprescribedbyrulesmadeunder
this Act;
'
''Public sewant''shallhave the m eaning assigned 45 of 1860

to it in section 21 of the Indian PenalCode;

(n) ''State Commission''meansa Statc Human Rights

Com m ission constituted under section 21.

(2) Anv reference in thisActto a law,which isnotin force

in the State ofJamm u and Kashm ir,shall,in relation to thatState,
be construed as a reference to a corresponding law,ifanv,in force
in that State.
$Alded bv Act 43 o/2006
2 Subs.bg Act43 of 2006

CI-IAeT'ER 11

TH E N AT IO N A L H U M A N R IG H T S
C O M M ISSIO N
3.Constitution p.
f a NationalH uman Rights Com m iss'ion
(1) The CentralGovernmentshallconstitute a bodv'to be known
asthe NationalH um an RightsCom m ission to exercisethepowersconferred
upon,and to perform the ful
lctions assigned to it.under this Act.

(2) The Commission shallconsistof:.

(a) a Chairperson who has been a Chief Justice of the
Supreme Court;
one Mem brwho is orhas been,a Judge ofthe Supreme
Coul
'tk

(c) one Memberwho is,orl

aasbeen.the ChiefJustice ofa .
High Court;

'

(d) two Members to be appointed from amongst persons

having knowledge of,or practicalexperience in, matters
relati
ng to hum an rights.

(3) The Chaim erson of the NationalCommission for Minorities,

lttheNationalCommissiolifortheScheduledCastes,tlneNationalCommission
forthe Scheduled Tribesland thc Nationa?Commission for Women sball
be deem ed to be M em bersoftheComm ission forthe discharge offunctions'

specified in clauses (b)to (i)ofsection 12.

(4) There shall be a Sec/etarp-Generalwho shallbe the Chif
Executive Officer ofthe Com mission'an'
d shallexercise sudh powers and

discharge such functionsofthe Commissionz(exceptjudicialfunctionsand

the powerto make regulations undersection 40 Bl.asmav be delegated .
to him bg the Com m ission or the Chairperson as the case m ag be.
lSubs.by Act43 of2006 for 'Tbe NationalCommission for the Scheduled Castes and

Schedule Tri
bes.'
ZSubs.W Act43 of2006 for 'asitmag delegatc to him.'

(5) The headquarters ofthe Commission shallbe atDelhiand the

Com m ission m av,with the previousapprovalofthe CentralGovernment,
establish offices at other places in lndia.

4.Appolntm ent of Chairperson and other M em bers

(1) The Chairperson and (the Membersllshalibe appointed W the
President bg warrant under his hand and seal;
Provided.thatevery appointm entunderthissub-section shallbe made
after obtaining the recom m endations of a Comm ittee consisting of-

(a) The Prime Minister - Chairperson

(b). Speakerofthe House ofthe People - Member
(c) Minister in-charge of the Ministrg of Home Affairs in the
Governm ent oflndia - M ember

(d) LeaderoftheOppositionin
'theHouseofthePeople- Member
(e) Leadcrofthe Opposition in the CouncilofStates- Member
(t) Deputp Chairman ofthe CouncilofStates - Member
Provided ful-therthatno sitting Judge ofthe Suprem e Courtorsitting
ChiefJustice ofa High Courtshallbe appointed exceptafterconsultation
with the ChiefJustice ofIndia.
'

(2) NJ appointmentofa Chairperson oraMembershallbe'invalid

merelgbyreasonofanp'
lvacancpofanymepberin theCommitteercferred
to in the firstproviso to sub-section (1)12,
'

S. Resgnation and rem ovalof Chairperson and M em bers3

(1) TheChairpersonoranyMembermay,W noticein writingunder

his hand addressed to the President of India,resign his office.

(2) Subjectto tl
ne provisionsofsub-section (3),the Chairperson or
any Mem bershallonlp be removed from hisoffice bv orderofthe President

ofIndia on the grcsund V proved misbehaviburorincapacity afterthe

Suprem e Court,on reference being m ade to itby the President, has,on

inquiw heid in accordance with the procedure prescribed in thatbehalfbg

lSubs.by Act43 og2006 for''other members'
2Subs.bg Act43 of2006 for ''vacancp in the Committee'
''

3Subs.W Act43 of2006

the Supreme Court,reported thatthe Chairperson orthe M em ber,as the

case map be, ought on anp'such'ground to be rem oved
.

(3) Notwithstanding anything in sub-section (2),the Presidentmap,

bp order, rem ove from office tlle Chairperson or ang M em ber if the
Chairperson or such M em ber,as the case frlav be-

(a) is adjudged an insolvent?or '

(b) engagesduringhisterm ofofficeinanppaidemplogmentoutside
the duties of his office; or
is unfitto continue in office bp reason ofipfirm ity of m ipd or
bodp;or

(d) isofpnsoundmindandstandssodeclared W acompetent'court;

or

'

isconvicted and sentenced to imprisonmentforanoffencewhich

in the opinion of the President invotves m oralturpitude.

6.Term of oflce of Chalrperson tirld Membevst

(1) A person appointed asChairperson shallhold office fora term
offive years from the date oriwhich he enters upon his office oruntilhe
attains the age ofseventp years,whichever is earlier.

(2) A person appointed as

'a Membershallhold offici for.a'term
of fi
ve vears from the date on which he enters upon his office and shall
be .eligible for re-appointm '
ent for another term of five years.
.

Provi
ded that no M ember shallhold office after he has attained the
age of seventy pears.
/

(3) On ceasing to hold office,a Chairperson oraMembershallbe

ineligible forfurtherem plopm ent underthe Governm cntofIndia or under
the Govrnm entof anp State.

7.M em berto actas Choirperson or to discharge his'

functions
in certain circum stances

'

(1) In the eventofthe occurrence ofang vacancv in the office of

the Chairperson bp reason of his death, resignation or otherwise, the
'Subs.W Act43 of2006

Presidentmap,bg notification,authorise one ofthe M em bersto actasthe

Chairperson until the appointm ent of a new Chairperson to fill such
vacancy.

(2) WhentheChairpersonisunabletodischargehsfunciionsowing
to absence on leave orotlaerwise,such one ofthe Membersasthe President
m ag,bg notification,authorise in this behalf,shalldischarge the functions
ofthe Chairperson untilthe date on which the Chairperson resum es his
duties.

8. Term s cnd conditions of service'of Chairperson and

M em bers

The salaries and allotyances payable to, and other term s and

conditionsofservice of,thelIchairpers'
on and)Membersshallbe such as
m ay be prescribed.
Provided thatneither the salarv and allowances nor the other term s

and.conditionsofserviceof2Ithe Chairperson or)aMembershallbevaried

to his disadvantage afterhis appointment.l
'
9. l/cancies, etc, not to invalidate the proceedings of the
Cornm issipn

No actorproceedings ofthe Com mission shallbe questioned orshall

be invalidated m erelg on the ground ofexisten'
ce ofanp vacancg ordefect
in the constitution of the Com mission.
10. P rocedure to be regulated bp the Cotnm ission

(1) The Commission shallmeet at such time and place as the

Chairperson m av think fit.

(2) Subject to the provisions of this Act and the rules made
thereunder,the Com m ission shallhavethe powerto lagdown bvregulations
its own procedure3.
'lnserted bp Act43 of 2006
2 Inserted by Act43 of 2006
3 Subs.bg Act43 of 2006

(3) A1lordersanddecisionsoftheCommission shallbeauthenticated

bg the Secretary-General or anp other officr of the Com mission dul
p

authorised W the Chairperson in this behalf.

'

1.
1.Officers and othkvstaff of the Commission
TheCentralGovernmentshallm ake availableto theCom mission:

(a) an officerofthe rank ofthe Secretargto the Government

of lndia who shall be'the Secretaw -General of the
Com m ission;and

(b) such police and investigative staff under an officer not

below the rank of a Director Generalof Police and such
otherofficer
'sand staffasm ap be necerysargforthe efficient.
performance ofthe functions of the Com m ission.

(2) Subjectto sucflrulesasmapbemadebvtheCentralGovernment

in this behalf the Com mission mav appoint such other adm inistrative,
technicaland scientific staff as it m ap consider necessary.

(3) Thesalaries,allowancesand conditionsofserviceoftheofficers

and otherstaffappointed undersub-section (2)shallbe such asmag be

prascribed.

CIIABTER III

FUN CTIO NS A ND PO V RS
O F TH E C O M M ISS IO N
12. Functions o.j the Com m ission

The Com mission shallperform allorang ofthe following functions,

nam elp:-

(a) inquire,suo motu oron a petition presented to itW a victim

orang person on hisbehalf(oron a direction ororderofanp
courtjl into complaintof
(i) violation ofhurnan rights orabetmentthereof;or
(ii) negligence'in the prevention ofsuch violation,
bv a public sew antp

(b) intervenein anpproceeding involving angallegation ofviolation

ofhuman rightspendingbeforea courtwith the approvalofsuch
court;

visit,notwithstanding anything contained in anp otherlaw forthe

timebeingin force,anpjailorotheripstitution underthecontrol

ofthe State Governm ent,where personsare detained or lodged
for purposes ol treatm ent,reform ation or protection,for the
studp ofthe living conditions of the inm ates thereof and m ake
rccom m endations thereon to the Government;
revicw thc safeguards provfded bv orundcrtlne Constitution or
any law forthe tim e being in force forthe protection ofhum an
rightsandrecom mendm easuresfortheireffectiveim plem entation;
review the factors,including acts of terrorism that inhibit the

enjoym entofhuman rightsand recom m end appropriaterem edial

m easures;

1Inserted by Act43 of2006

2 Sub.bg Act43 of2006

(f) studp treaties and other internationalinstruments on human

rights and m ake recom m endations for their effective
im plem
' entation;

undertake and promote research in the field of hurnan rights;

(h) spread human rightsliteracp among varioussections ofsociety

and prom ote avvareness of the safeguards available for the
protection of these rights through publications, 'the media,
sem inars and other available means;

(i) encourage the efforts ofnon-governmentalorganisations and

institutions working in the field of hum an rights;
such othkr functions as it m ay' consider necessa?y for the
'm an rights
protection of hu
.

13. Potvers relating to inquiries

(1) TheCommission shall,whileinquiring intocomplaintsunderthis

Act,have a1lthe powers ofa civilcourt trging a suit under the Code of
CivilProcedure,1908,and in particularin respectofthe f'
oliowing matters,
namelv :

(a) summoning and enforcing the attendance of witnesses and

exam ining them on oath;

(b) discoverg and production ofany document;

(c) receiving evidence on affidavits;
(d) requisitioning angpublicrecord orcopgthereoffrom anp court
or office;

(e) issuing commissions for the examination of witnesses or

docum ents;

(b

any othermatterwhich may be prescribed.

(2) TheCommssion shallhavepowertorequireangperson,subject

to any pri
vilege which m av be claimed bp that person under any law for
the tim e being in force,to furnish inform ation on sucb points or m atters
as,in the opinion of the Conunission, mag be usefulfor,or relevantto!

thesubjectmatteroftl
neinquiw and anpperson sorequiredshallbedeemed
9

to be legallv bound to furnish such information within the meaning ofsection

176 and section 177 ofthe Indian PenalCode.
.

(3) The Commission oranp otherofficer,notbelow the rank ofa

Gazetted O fficer,speciallp authorised in thisbehalfbv the Comm ission m av '

enter anp building or place where the Com rnission has reason to believ

thatany docum entrelating to thesubjectm atterofthe inquily maybefound,

and m ap seize an# such document or take extracts or copies therefrom
subjectto the provisions ofsection 1O0 ofthe Code ofCrim inalProcedure,
1973,in so far as it m ag be applicable.

(4) The Commission shallbe deemed to be a civilcourtand when

anvoffence asisdescribed in section 175.section 178,.section 179,section
180 orsection 228 ofthe lndian PenalCode is com m itted in the view or
presence ofthe Com mission,theComm issiop m av,afterrecording the facts
constituting the offence and the statem entof th accused as provided for
in the Code ofCrim inalProcedure,1973,fonvard the case to a M agistrat

having jurisdiction to try the same and the Magistrate to whom anv such
case is forwarded shallproceed to hear the com plaintagainstthe accused
as ifthe case has been forwarded to him under section 346 of the Code
ofCrim inalProcedure, 1973.

(5) Everp proceedingbeforetheCommission dhailbedeemed to be

a judicialproceeding within themeaning ofsections193 and 228,and for
the purposes ofsection 196,oftheIndian PenalCode,and the Com m ission
shallbe deem ed to be a civilcourtforallthe pum osesofsection 195 and
Chapter XXUI ofthe Code of Crim inalProcedure, 1973.

(6)1 W here the Commission considersitnecessarp orexpedientso

to do, it may, bv order,'transfer anp com plaintfiled or pending'before it
to the State Comm ission ofthe State from which the complaintarises,for

Jlisposalin accordance with the provisionsof'

this Act;
Provided tihatno such complaintshallbe transferred unlss the same

fsonc f'
cspecting whfch the Safc Commission hasjurisdicfion to entertain
the same
' .
tInserted bp Act43 of2006 .

(7)1 Evew complainttransferred undersub-sectiont6)shallbe dealt

with and disposed of bp the State Comm ission as ifitwere a complaint
irlitiilllqpfiI(,tlt)(?flr(, it.
'
14. Investigation

(1) The Commission map, for the purpose of conducting any

.

investigation pertaining to the inquirp,utilise the services ofanv officer or

investigation agencp ofthe CentralGovernm entorany State Governm ent
with the concurrence ofthe CentralGovernmentorthe State Governm ent,
as the case m ap be.

(2) Forthe purpose ofinvest

'igating into anp matter pertaining to
the inquirg,anv offcer or agencg whose services are utilised under sub-

section (1)map,subjectto the direction and controlofthe Commission:(a) summon and enforcetheattendanceofanppersonandexarnine
him ;

(b) require the

'discoverg and production ofang document;and
(c) requisition anp public record orcopp thereoffrom anp office.

(3) The provisions of section 15 shallapplg in relation to ang

statenlentm ade by a person before anv officer oragencp whose services

are utilised undersub-section (1)astheyapplvin relation to anp statement

m ade bv a person in the course'ofgiving evidence before the Com m ission.

(4) The officer or agencp w'

lnose services are utilised under subsection (1)shallinvestigate into any matterpertaining to the inquirv and
subm ita reportthcreon to the Com m ission within such period as l'
nay be
specified bp the Comm ission in this behalf.
'

(5) The Commission shallsatisfp itselfaboutthe correctnessofthe

facts stated and the conclusion, ifany, arrived at in the'reportsubm itted
'

to itundersub-section (4)and forthispum osethe Commission may make

such inquiry (inciuding the examination of the person or persons who
conducted orassisted in the investigation)as itthinks fit.
iInserted by Act 4:
3 of2006

15. Statem ent m ade by persons to the Com m ission

No statem entm ade by aperson in the course ofgiving evidcncebefore

the Comm ission shallsubjccthim to,or be used against him ln, anv civil
or criminal proceeding except a prosecution for giving false cvidence by
such statement:
Provided that the staterflent:-

(a) is made in replg to the question which he is required bg the

Com mission to answer; or

'

is relevant to the subject m atter of the inquirg.

16.Persons likely to be prejudiciallv afiected to be heard

lf,at anp stage of the inquiry, 'the Comm ission:-

(a) considersitnecessaw to inquire into theconductofanpperson;

or

is ofthe opinion that the reputation of ang person is likely to

be prejudiciallg affected bg the inquiw;

it shallgive to that person a reasonable opportunitp of being hcard in
the irlquiry and to produce evidence in his defence:
'
Provided thatnothing in this section shallapplv where the creditof
a witness is being im peached.

12

CHA'
IVER Iv

P R O C ED U R E
17.lhquiry into complaints
The Com mission while inquiring into the com plaints ofviolations of
hum an rights m ag'

(i) callforinformation orreportfrom the CentralGovernmento'

r
ang State Governmentor anp other authority ororganisation subordinate
thereto within such tim e as m ap be specified by it:Provided that-

(a) if the information or report is not receivcd within the time

stipulated bpthe Com m ission,itmay proceed to inquire into the
com pjaint.on its own;
' .
if, on receipt of inform ation or report, the Com m ission is
satisfied either that no further inquiw js required or that the
required action has been initiated or taken bv the concerned
Governm entorauthority,itm ap notproceed with the com plaint
and inform the complainant accordingl
y;'
'

(ii) without.prejudice to anything contained in clause (i), if it

considers necessaw ,having regard to the nature ofthe complaint,initiate

an inquiw .

18.Steps during cnd akter inquirp'

!TheCommissio'n mavtake angoft'
hefollowingstepsduring orupon

thecompletion ofan inluirv hel

d underthisAct, namelgr(a) wheretheinquirgdisclosestlnecommission ofviolation ofhuman
rights or negligence in the prcvention of violation of human rights or

betm entthereofbp a public servant,itm ap recom mend to the'concerned

Governm ent or authority -

(i) tomakepaymentofcompesationordamagestothecomplainant
1Subs.bp Act43 of2006

orto the victim orthe m em bersofhis fam ily asthe Com mission
m ap consider necessarg;

(ii) to initiate proceedings for prosecution or such other suitable

action as the Comm ission m ag deem fitagainstthe concerned
pcrson Or 13et
:SOnS;

(iii) to take such furtheraction as itmay think fit;

(b) approach the SupremeCour'
torthe High Couttconcerned for
such directions, orders or writs as that Court map deem necessarp;

(c) recommend to the concerned Governmentorauthoritp atany

stage ofthe inquiw for the grantof such imm ediate interim relief to the
victim or the m em bers of his fam ilg as the Com m ission m ay consider
necessaw ;

(d) sublectto the provisionsofclause (e),Jyovide a copy ofthe

inquirg report to the petitioner or his representative;

(e) the Commission shallsend a copv ofitsinquiw reporttogether

with its recom mendations to the concerned Government or authoritv and
the concerned Governm entorauthority shall,within a period ofone month,
orsuch furthertim e as the Com m ission may allow,fonvard its comm ents
on the report,including the action taken orproposed to be taken thereon,
to the Comm ission;

(l) the Commission shallpublish itsinquiryreporttogetherwith the

com m entsofthe concerned Governm entora
'uthoritp, ifang,and the action
taken orproposed to be taken bp the concerned G overnm entorauthoritg

on the recommendations ofthe Cornmission.ll

19.Procedure ulffh respecf to armed forces

(1) Notwithstanding angthing contained in this Act, while dealing
with complaints of violation of human rights bg mem bcrs of the arm ed
forces,the Comm ission shalladopt the following procedure,nam ely :itmag eitheron itsovvn motion oron receiptofa petition,seek
a report from the CentralGovernment;
'Subs.bg Act43 of 2006

(b) afterthe receiptofthe report,itmag,cithernotproceed tvith

thecomplainyor,asthecasemapbesmakeitsrecommendations
to that Governm ent.

(2) The CentralGovernme

'ntshallinform the Commission ofthe
action taken on the recomm endationskvithin three monthsorsuch further
time as the Com m ission m ag allow .

(3) The Commission shall publish its repol't together with ts

recomm endations m ade to the CentralGovernm entand the action taken
by that Governm ent on such recom mendations.

(4) The Commission shallprovide a copg ofthe reportpublished

undersub-section (3)to the'petitioner or his representative.

2O.Annucl dnd specicl reports of the Com m isson

(1)' The Commission shallsubmitan annualreportto f
-he Central
Governmentand to the State Governm entconcerned and m ag atanp tim e
subm itspc'
cialreportson anym atterwlaich,in itsopinion,isofsuch urgcncp
i
m
por
t
ance
that itshoul
d notbe deferred tillsubmission ofthe annual
or.
repor.
t.

'

(2) TheCentralGovernmentandtheStateGovernment,asth'
ecase
m ap be,shallcause the annualand specialrepol
-ts ofthe Com m ission to
be laid before each H ouse ofParliamentortheState Legislature respectively,
' ast
he casem ay be,along with a m em orandum ofaction taken orproposed
to be taken on the recom mendations ofthe Com mission and the reasons
for non-acceptance of the recom m endations,ifang.

15

CHABTER V

STATE H UM AN RIG H TS
C O M M ISSIO N S
21. Constitution of State H um an Rights Cpm m issions

(1) A StateGovernmentmalconstituteabodpto beknown asthe

....... ......... .......

(nameoftheState)Human RightsCommissionto exercise

the ppwers conferred upon,and to perform the functions assigned to,a

State Com mission under this chapter.

(2)1 (TheState Commission shall,with effectfrom 'such date asthe

State Governm ent map bp notification specifp,'consist of-

a f hairperson who has. been a Chief Justice ofa H igh Court;

(b) one Memberwho is,orhasbeen,a Judge ofa High Courtor

District Judge in the State with a minim um of seven years
experience as DistrictJudge;
.

(c) one Member to be appointed from amongstpersons having

knowledge of, or practical experience in, m atters relating to

hgman rights.ll
(3) There shallbe a Secretaw who shallbe the Chief Executive
Officer of the State Com mission and shall exercise such powers and
discharge such functionsoftheState Comm ission asitmay delegate to him .

(4) Theheadquarters-oftheStateCommissionshallbeatsuch place

as the State Governmentmag,W notification,specify.
(5) A State Commission may inquire into violation ofhuman rights
onlp in respectofm atters relatable to anv ofthe entries enum erated in List
11 and List lllin the Seventh Schedule to the Constitution:

1Subs.bv Act43 of2006

16

Provided thatifany such m atteris alreadg being inquired into bp the

Com m ission or any other Comm ission duly constituted under anv law for
the time being in force, the State Com m ission shallnot inquire into the
said matter:
Provided furtherthatin relation to the Jamm u and Kaslnm ir Hum an
Rights Comm ission,tllis sub-section shallhave'effectas if for.the words
and figures 'List11and Listlllin'the Seventh Schedule to the Constitution'',
the words and figures ''List11lin the Seventh Scbedulc to tbe Constitution
asapplicable to the State ofJam mu and Kashm irand in respectofrffatlers
in relation to which the Legislature ofthatState haspowerto rnake laws''
had been substituted.
'

(6) (Two ormore State Governments mag,with the consen'

tofa
Chaim erson orM em berofa State Com mission,appointsuch Chairperson
or, as the case m ag be, such Member of'another State Com mission
sim ultaneouslp if such' Chairperson or M em ber consents to such'
appointm ent:

'

Provided that every appointm ent made under this sub-section shall
be made after obtaining the recom m endations ofthe Comm ittee referred

to in sub-sectionll)of section 22 in respect of the State for which a

comm op Chairperson ot Member,or both.as the case m ay be, is to be

aprlointed.11

'

'

22.Appontment of Chairpevson and fMe'tnbersf of Stnte

C om m isslon

'

(1) The Chairperson and IMemberslz dhallbe appointed W the

Governor by warrant under his hand and seal:
Provided thatevery appointm entunderthissub-section shallbe m ade

afterobtaining the recomrrlendation ofiiCommittee consisting of

(a) the ChiefMinister- Chairperson
(b) Speakerofthe Legislative Assemblp - Member
!Subs.by Act43 of 2006

2Subs.W Act43 of2006 for''otherMembers''

17

(c) Ministerin-chargeofthe DepartmentofHome,in thatStateM em ber

(d) Leaderofthe Opposition in theLegislativeAssemblv- Member

Provided ful'
therthafwhere there isa Leqislative Councilin a State,
the Chairm an of that Counciland the Leader of the Opposition in that'
Councilshallal
so be m emb'
ers of the Com mittee.
Provided also thatno sittingJudge ofa High Courtora sitting District
Judge shallbe appointed exceptafter consultation with the CbiefJustice
of the High Courtof the c'oncerned State.

(2) No appointmentofa Chairperson or a Member.ofthe State

Commission shallbe invalid merely W feason of Iang vacancy of any
Memberin the Commit-tee r
'eferred to in sub-sectiontlll.l

23.fResignation and Rem ovalof Chairperson or()M em berof

the State Com m issiony
.
3((1) The Chairperson or a Member of a State Commission map)
bg notice in writing under his hand addre% ed to the Governor,resign his
office
'

(1A) Subjectto the provisionsofsub-section (2),the Chairperson or

ang M em berofthe State Comm ission shallonlv be rem oved from hisoffice
bv order of the President on the ground of proved m isbehaviour or
incapacibp after the Su'prem e Coul-t,on a reference being m ade to it bg
the President, has, on inquirp hel
d in accordance with the procedure
prescribed in that behalf bp tbe Suprem e Court, reported that the
Chairperson orsuch M em ber,asthe case nnag be!oughton anysuch ground

to be removed.j
(2) Notwithstandinganpthing in sub-section (1A),thePesidentmap
by order remove from office the Chairperson or any (Memberl4 ifthe
Chairperson or such (Memberls,as the.case may be (a) is adjudged an insolvent;or
1Subs.W Act43 of2006 for''anp vacancy in the Commi
ttee''

2 Subs.by Act43 of2006 for ''Removalofa memberofthe State Commijsion

3Subs.W Act43 of2006

4Subs.W Act43 of2006 for''otl
nermember''
9 Subs.bp Act43 of2006 for 'other member''

engagesduring histerm ofofficein any pajd em ploym entoutside

the duties of his office;or
'
is unfitto cpntinue in office by reason'of infirm itg of m ind or
body;or
.

(
2) isofunsoundmind and standjsodeclaredW acompetentcourt;
Or

(e) isconvictedandsentencedto imprisonmentforanoffencewhich

in the opinion ofthe President involves moralturpitude.

24.Term oi of fce of (Chairperson andllM em bers of the Sfafe

Com m ission

(1) A person appointed asChairperson shallhold office fora term

offive ycars fronnthe dte on which he enters upon his office '
or untilhe
attains the age of seventg years, whichever is earlier;
'

(2) A person appointed as a Membershalihold office fora term

of five geqrs from tlae date on '
whicb he enters upon his officc and shall
be eligible for re-appointment for another term offive gears;

'

Provided thatno M em ber shallhold office after he has pttained the

age of seventy pears.

(3) On ceasing to hold office,a Chairperson t)ra Membershallbe

ineligible forfurtlnerem plovmentunderthe Governm ento'fa State orunder
the Governm ent oflndia.

25.M em brto actas Chalrperson orto discharge hisfunctions

in certan crcum stances

(1) In the eventofthe occurrence ofanp vacancy in th office of '

the Chairperson W reason of his death,resignation or otherwise,the
Governorm ag,bg notification,authorise one ofthq M em bers to actas the
Chairperson'unti! the appointm ent of a new Chaim erson to fili such
vacancv.
1 Inserted by Act43 of 2006

19

(2) W hentheChairperson isunabletodischargehisfunctionsowing

to absence on leaveorotherwise,such one ofthe M em bersasthe Governor
may,by notification,authorise in thisbehalf,shalldischarge the functions
ofthe Chairperson untilthe date on which the Chairperson resum es his
duties.

26. frerm s and conditions of serpice o.

f Chalrperson and
M em bers of the State Com m issions
.

The salaries and allowances pagable to, and other term s and
conditionsofservice of,the Chairperson and M em bersshallbe such asm ay
be prescribed by the State Government;
Provided thatneitherthe salarg and aLlowances nor the '
bther ternns

and cqnditionsofservice ofthe Chairperson ora Membershallbe varied

to his disadvantage afterhis appointmentqjl
'

27. Officers and other staff oi the State Com m lsson

(1) The State Governmentshallmakeavailable to the Commission
an officer not below the rank of a Secretaw to the State
Governmentwho shallbethe Secretaw oftheStateComm ission;
and
such police and investigative staffunderan officernotbelow the
rank ofan Inspector GeneralofPolice and such other officers
and staffas m av be necessaw forthe efficient perform ance of
the functions of the State Com m ission.

(2) subjectto such rulesasmav be made bg theState Government

in thisbehalf,the State Comm ission m ayappointsuch otheraddm inistrative,
technicaland scientific staff as itm ay consider necessaw .

(3) Thesalaries,allowancesandconditionsofservice oftheofficers

and otherstaffappointed undersub-section (2)shallbe such as mag be''
prescribed by the State Government.
lSubs.W Act43 of2006

20

28. A nnual .and special reports oi State Com m ission

(1) TheStateCommission shallsubmitan annualreportto theState'

Governm ent and m ag at ang time submit specialreports on any m after
which,in'its opinion, is ofsuch urgencv or im portance that itshoul
d not
be deferred tillsubm ission of the annualrepol't.

(2) TheStateGovernrnentshallcausetheannualandspecialreports
ofthe State Com m ission to be laid before each House ofState Legislature
where itconsistsoftwo Houses,orwhere such Legislature consists ofone
House,before thatH ouse alo
'ng with a m em orandum ofaction taken or
pr
oposed to be taken on the recomm endations ofthe State Comm ission
'

d the reasonsfornon-acceptance oftine recommendations,ifang.

29. Applicaton of certain provisions relating to National

H um an Rlghts Com m ission to'State Com m issions

The provisions of scctions 9, 1O, 12, 13. 14, 15, 16, 17 and 18
shall apply to'a State Com m ission and shall havc effect, subjectto the
following modifications,nam elv:'

(a) referencesto ''Commission''shallbe construed asreferenccsto

''Stat Com mission'';

'

(b) in section 1O, in sub-section (3), for the word ''Secrtaw

General'',the word ''Secretaw ''shallbe substituted;

(c) in section 12,clause (f)shallbe omitted;

(d) ih section 17,in ciause (i),the words 'CentralGovernmentor
ang''shallbe om itted;

21

CHAE'I'
ER VI

H U M A N R IG H TS C O U R TS
30. For the purpose of providing speedg trialofoffences arising out of
violation ofhum an rights,the State Governm entm av,with the concurrence
of the ChiefJustice ofthe High Court, b!/ notification,specifp for each
district a Courtof Session to be a H um an Rights Courtto try the said
offences.

Provided that nothing in this section shallapplp if

a Court of Session is already specified as a specialcourtlor

(b) aspecialcourtisalreadpconstituted,forsuchoffencesunderany
other law for the time being in force.
31. Special Public Prosecutov

For everg Hum an Rights Court, the State Governm ent shall, bg
notifjcation, specifv a Public Prosecutor or appoil
it an advocate who has
been in practice as an advocate for notlessthan seven pea.rs,as a Specia!
Public Prosecutor for the purpose of conducting cases in that Court.

22

CHU TER VII

FIN A N C E, A C C O U N TS A N D A U D IT
32. G rants by the Central Govevnm ent

(1) The CentralGovernmentsballafterdueappropriation madebv

Parlianjentbg law in this behalf,pap to the Comm ission bg way ofgrants
.s
uch sum s of m oney as the CentralGovern'
m ent m ag think fitfor being
utilised for the purposes of this Act.

(2) The Commissiqn mav spend such sums as it thinlts fit for
perform ing the functions under this Act,and such sum s shallbe treated

as expenditure payable outofthe grants referred to in sub-section (1).

33. G rants by the State Governtnent

(1) TlleStateGovernmentshall,afterdueappropriation rnadebp

Legislature bg Iaw in this behalf.pag to the State Com m ission bv wav of

grantssuchsumsofmoneyastheState Governm/ntmagthinkfitforbing
utilised for thc purposes of this Act.

(2) The StateCommission map spend such sumsasitthinksfitfor

perform ing the functions underChapter V,and such sumsshallbe treated

as expenditure papable outofthe grantsreferred to in sub-section (1).

34. A ccounts and A udit

(1) The Commission shall maintain proper accounts and other

'

relevantrecordsand prepare an annualstatementofaccountsin such form

as mav be prcscribed bg the CentralGovernm entin consultation with the
Comptroller and Auditor-Genera!of India.

(2) The Accounts of the Commission shall be audited W the

Comptrolierand Auditor-Generalatsuch intervalsasmap be specified W
him and ang expenditttre incun'
ed in connection with such audit shallbe
pavab1e bp the Com mission to the'Com ptroller and Auditor-General. '

23

(3) The Comptroll

erand Auditor-Genera!orang person appointed
bp him in connection with theauditofthe accontsofthe Com m ision under
this Act shallhave the sam e rights and privileges and the authoritp in
connection with such audit as the Comptroller and Auditor-General
generallv has in connection with the audit of Governm ent accounts and,
in padicular, shallhave the right to demand the production of bookj.
accounts, connected vouchers and other documents and papers and to

inspect any of the offices of the Com misjion, .

(4) Theaccountsof'
the Commission ascertifiedbp theComptroller
:and Auditor-Generalqr anp other pcrson appointed bp him in this behalf,
togcther with thc auditrc'
porttlncreon shallbe forwarded annuallp to the

CentralGovernmentbvtheCommission and titeCentralGovernmentshall

cause the auditreportto be Iaid assoon asm av beafteritisreceived before
each Housc of Parliament.
35. A ccounts and A udit o.f State Com t
nlssion

(1) TheStatc Commission shallmaintain properaccountsandother

relevantrecords and prepare an annualstatem entofaccounts in such form
as map lae prescribed bp the State Governm ent in consultation with the
Com ptroller and Auditor-Generalof lndia.

(2) The accountsofthc Stafc Comrnission shallbe audited by the

Com ptroller and Auditor-Generalatsuch intervals as m ag be specified bg
him and ang cxpenditure incurred in connection with such audit shallbe
papable bg the State Com mission to the Comptrollerand AuditorzGeneral.

(3) TheComptrollerand AuditopGeneraloranp person appointed

bp hinnin connection tvith the auditoftl7e accountsofthc StateComm ission
under this Actshallhave tlne same rights and privileges and the authority
in connection with such audit as the Com ptroller and AuditopGeneral
enerallg has in connection with the audit ofGovernment accounts and'
g
:
in particular, shall have the right to demand the production of books,
accounts, connected vouchers and other docum ents and papers and to
inspect anp of the offices ofthe State Com m ission.

(4) The accounts of the State Commission, as certified bv the

Com ptroller and Auditor-Generalor ang other person appointed by him
in this behalf,together with the auditreportthereon,shallbe fonvarded
annuallv to the State Governm entbp the State Comm issipn and the State
Governm entshallcause the auditreportto be Iaid,assoon asm ap be after
it is received,before the State Legislature.
.

25

CHAIVER VIIl

M ISC ELLA N E O U S
36. M attevs not subject to jurisdiction of the Com m ission
'

(1) The Comrnission shallnot inquire into any matter which is

pending before a State Com m ission or anp other Com m ission dulp
constituted under any law for the tim e being in force.

(2) The Commission orthe State Commission shallnotinquireinto

anp'm atter after the expirg ofone gear from the date on which the act
constituting violation ofhufnan rights is alleged to have been-comm ited.
.

37. Constitution o.f special investlgation teams

Notwithstanding anvthing contained in ang other Iaw for the tim e
being in force,where the Governm entconsiders it necesx rp so to do,it
map constitute one orm ore specialinvestigation teams,consisting ofsuch
police officers as it thinks necessaw for purposes of investigation and
prosecution of offences arising out ofvolations of hum an rights.

38. Protection o.f actlon taken in good iaith

No suit or other legal proceeding shall lie against the Central
Governm ent,State Governm ent,Com m ission,the State Comm ission or
ang M em berthereoforanp pqrson acting underthe direction eitherofthe
Centraz Governm ent, Statc Governmcnt, Com m ission or thc State
Comm issjon in respectofangthing which isin good faith done orintended
to be done in pursuance of this Actor of any rules or ang order m ade

thereunderorin respectofthepublication W orundertheauthoritg ofthe

Central Governm ent, State Governm ent, Com mission or the State
Comm ission of anp reportpaper or proceedings.

39. M em bers and officers to Be publc servants

Everp M em br of the Comm ission, State Com mission and evew
officcrappointed orauthorised bp the Com m ission orthe StateCom m issiort
26

to exercise functions underthis Actshallbe deem ed to be a public servant

within the meaning of section 21 ofthe Indian PenalCode.

40. Power oi Central Gover

'nm ent to m ake rules
(1) The CentralGovernment may,bp notification,make rulesto
carrp o'utthe provisions of'this Act.

(2) In particlar and without prejudice to the generalitv of the

foregoing power,such ruies mag provide for alIor anp of the following
m atters nam elg :-

(a) the salariesand allowancesand othertermsand conditions of

service ofthe (Chairperson and Membersllundersection 8;
(b) the conditions subjectto which otheradministrative,tcchnical
and scientific staff may be appointed by the Com m ission and
the salariesand allowancesofofficersand otherstaffundersub-.'

section (3)ofsection 11;

'
(c) anp other.powerofa civi!cour'
trequired to be prescribed under
clause (f)ofsub-section (1)ofsection 13;
(d) the form i
'n which the annualstatementofaccounts is to be
prepared bp the Commission undersub-section (1 )ofsection
34;and

(e) anp other matterwhich has to be,ormav be.prescribed.

(3) Everg rulemade undertllisActshallbe Iaid,assoon asmap be

aftcritis made,before eacb House olParliament,while itis in seasion,

for a totalperiod ofthirtp days which m ay be com prised in one session
orin two or'
m ore w ccessive sessions, andi
f beforetheexpirpJftheserxsion

im mediatelp following the session orthe'successi

ve sessionsaforesaid,b0th
Houses agree in making anp m odific-ation in the rule orboth Houses agree
thatthe rule should notbe m ade,the rule shallthereafterhave effectonlv
in such modified form orbe ofno effect,as the case m ay be;so however,

thatang such modification orannulmentjhallbewithoutprejudice to the

validity of anvthing previouslp done under that rule.
:Subs.bp Act43 of2006 for''members'

27

40 A . Power to m ake rules 'relrospectively- l-he power to m ake

rulesunderclause (b)ofsub-section (2)ofsection 40 shallincludethepower

to m ake such rules orany ofthem retrospectively from .a date not earlier
than the date on which this Actreceived the assent ofthe President.but

no such retrospective effect shallbe given to arll/ such rule so as to

prejudiciallp affectthe interests ofang person to whom such rule m ag be
applicable.
Pow er of Com m ission to m ake Regulationsl

2I40(B) (1) Subject to the provisions of this Act and the rules made
thereunder,the Com m ission m av,with the previousapprovalofthe Central
Governm ent,bp notification,m ake regulations to carry outthe provisions
ofthis Act.
'

(2) In particular and without prejudice tq thc gencralitg of the

foregoing poweq such regulationsm ag provide'foralloranp ofthe following
m atters namelg:-

(a) the procedure to be followed bp the Commission under subsectiontz)ofSection 10;

(b) the returns and statistics to be furnished bp the State
Com m ission;

(c) any other matter which has to be,or mag be,specified bp

rcgul
ations.

'

(3) Everv regulation made W the Commission underthisActshall

be laid.assoon asm ag beafteritismade,before each House ofParliament,
while itisin session,fora totalperiod ofthirty dapswhich m apbe com prised
in one session or in two or m ore successive sessions,and if, before the

expiryofthesessionorthesuccessivisessionsaforesaid,b0th Housesagree
in m aking anv m odification in the regulations or b0th Houses agree that
the regulation should notbe made,the regulation shailthereafterhave effect
onlv in such modified form or be of no effect, as the case mav be; so

however,thatanp such m odification orannulm entshallbewithoutyrejudice

to the validity ofangthing previouslp done underthatregulation.l
:Insei-ted bv Act43 of2006
2 lnserted bp Act43 of2006

28

41. Foer of State Governm ent to m ake rules

(1) The State Governmentmav.by notification,makerulesto carry
outthe provisions of this Act.

(2) ln particular and without prejudice to the generality of the

foregoing power,such rules m ay provide for allor anp ofthe following
m atters nam elp .:

(a) the s'

alariesand allowancesand otherterms and conditionsof
service ofthe Cbairpcrson and Members under section ,269

(b) the conditionssubjectto which otheradminfstrative,technical

and scientfic staffm ag be appointed bg tbe State Com m ission
and the salaries and allowancesofofficers and otherstaffunder

sub-section (3)ofsection 27;

the form in which the annualsta'
tement of accounts is to be

prepared undersub-section (1)ofsection 35:

(3) EverprulemadebptheStateGovernmentunderthissectionshall
be laid,assoon asm ap be afteritis m ade,before each House oftlne;State
Legislature where.it consists of hvo H ouses, or where such Legislature
consists of one H ouse,before that House.

42. Foer to rcm ore dficulties

(1) 'Ifang difficulty arises in gigng effectto the provisionsofthis
Act, the CentralGovernment, map W 'order published in the Official
Gazette,make such provisions,notinconsiytentwith the provisions ofthis
Actasappearto jtto benecessary orexpedientforremoving the difficultp.
Provided thatno such ordershallbem adeafterthe expiry ofthe periqd
of two gears from the date of com m encement pf this Act.

(2) Everg ordermade underthis section shall,assoon as map be

after it is m ade,be laid before each house of Parlam ent.

29

43. R epeal and Savings

(1) The Protection of Human Rights Ordinance, 1993 is hereby

repealed.

(2) Notwithstanding suchrepeal,anvthing doneorangaction taken

underthesaid Ordinance,shallbe deem ed to have been doneortaken under
the corresponding provisions of this Act.

30