3,

3 3 3, 1
 This outline for “ The Protection of Human Rights Act ,
1993 ” has been prepared keeping the MPPSC
preliminary exam in mind .

This alongwith the other two acts make up for roughly

10 questions in the PT paper .

Please go through the original document of the act

and as you read through each section of the act , read
the same section from this outline . Please remember
this outline is just a summary of the original act and
will be useful only if you read it for the first time with
the original act .

You should then go through the 20/80 sheet for the act
which contains some tables and mind maps for each
act to help you memorise some of the cumbersome/
important data .

Revise the three outlines and the accompanying 20/80

sheets at least 3 times before the exam . Ideally you
should revise once on the day before the exam and
once on the morning of the exam .

In case of any difficulty , email us on

notesforias@gmail.com.

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20/80 Sheet The Protection of Human Rights Act , 1993

a) 2006
c) international covenants List II
M
accepted by GA of UN on ? II. NHRC V. SHRC can inquire b) 28th sep 1993
→7th Sched List III
W deemed
CPs of NC members members j) but for J&K ? c) 16th dec 1996
SC
a) amended in ? I. PRELIMINARY b) came into force on ?
ST d) 338
f) CP ? h) CP ?
g) 2 other judges ? i) another judge ? e) 338A
NC for 2 persons → HR knowledge 1 person → HR knowledge
appointing
f) has been CJ of SC
appointing
SCs STs committee committee
g) judge of SC and
d) which act ? e) which act ? PM MHA CM HM CJ of HC
LS → Speaker L of Op LA → Speaker L of Op
RS → Dy. CM L of Op LC → Chairman L of Op h) CJ of a HC

officer of sec. rank to GoI← sec. general CEO secretary→officer of sec. rank to SG i) HC judge /
suo moto petition by victim order of a court
district judge ( 7
years experience )
appointement of sitting judges after
CJI consultation with CJ of HC
inquiry by to be a civil court j) only list III

to president resignation to governor

visit reform
III. FUNCTIONS AND POWERS deemed
institutions member as CP ( if CP absent ) by governor
by president

under atleast DGP ← by CG Police/Investigative Staff by SG → under atleast IGP

research safeguards for HR
to CG/SG Annual/Special Report to SG
NGO promote review Get more FREE
study and recommend International HR can’t notes , mind
Literacy factors inhibiting HR
maps , outlines ,
CG/SG/etc Call for report from SG/etc etc. on various
appropriation by Pt ← by CG General Studies
Grants by SG → appointed by legislature
topics directly in
for speedy trial → a session court as HR
prescribed by CG → in
your email .
court by SG with concurrence of CJ of HC Maintainence of A/C
prescribed by SG → in
consultation with CAG consultation with CAG
Just send us an
expenses by com expenses by s.com email with
VI. HR COURTS by CAG Audit by CAG “subscription”
forwarded to CG→laid forwarded to SG→laid
written in subject
before Pt before legislature
to
removal by notesforias@gmail
SPP ( by SG ) president ( same process and criteria ) president .com

PP or advocate with >= 7 years exp 5yrs/age 70 term of office same

▾THE PROTECTION OF HUMAN RIGHTS ACT 1993
• Act to provide for the constitution of a National Human Rights
Commission ( NHRC ) , State Human Rights Commission (SHRC ) in
states and Human Rights Courts
• amended in 2006
▾Chapter I : PRELIMINARY
▾1. Short title, extent and commencement
▾extends to the whole of India
• exception : JK → only so far as matters applicable in list I and
III in schedule 7
• applicable to the state  any law mentioned in this act - but not
in force in JK construed as a ref to any corresponding law in
the state
• a) came into force on → 28th Sep 1993
▾2. Definitions
▾unless the context otherwise mentions , the following terms will
mean as follows :
• armed forces : naval , military , air and any other union armed
force
• chairperson : of the N/S commission ( N/S: national / state )
• member : of N/S commission
• commission : NHRC
• state commission : SHRC under sec 21 of this act
• human rights : life , liberty , equality , dignity by const /
embodied in intl covenants → enforceable in indian courts
• human rights court : as in section 30 of this act
• international covenants : on civil , political , economic , social ,
cultural rights adopted by GA of UN ( 16th Dec. 1966 ) . Other
such covenants → to be notified by CG
• national com for minorities : under sec 3 of NCM act 1992
• national com for women : under sec 3 of NCW act 1990
• national com for SCs : as in article 338
• national com for STs : as in article 338A
• notification : as in official gazette
• prescribed : by rules under this act
• public servant : as in section 21 of IPC ?
▾Chapter II : THE NATIONAL HUMAN RIGHTS COMMISSION
▾3. Constitution of a NHRC
• by CG ( CG : Central Govt ; SG : State Govt )
▾consist of :
 • chairperson : who has been CJ of SC
• 1 member : who IS/HAS BEEN judge of SC
• 1 member : who IS/HAS BEEN CJ of HC
• 2 members : persons with knowledge of HR
▾deemed members :
▾chairpersons of 4 commissions ( NCM , NCW , NCST , NCSC )
• for discharging of functions specified in sec.12 [ (b) to (j) ]
▾secretary general → CEO of com
• fns delegated by com / CP
• but no judicial fns / make regulations under sec 40 B
▾HQ : Delhi
• can establish offices at other places ( by approval of CG )
▾4. Appointment of CP and other members
▾by President after recommendations of a committee consisting
of :
• PM ( chairperson of committee )
• 5 members ( Speaker , MHA , Dy. chairman of RS , Leaders of
Op in LS and RS )
• sitting judges ( HC/SC ) - appointed only after consultation with
CJI
• appointments to be valid despite any vacancy in the committee
▾5. Resignation and removal of CP and members
• can resign to president
▾removal
• on ground of misbehaviour / incapacity
• after inquiry by SC ( ref by president )
• by president
▾notwithstanding above , president can remove CP/members if any
of them :
• insolvent
• outside paid employment
• infirmity of mind/body
• unsound mind-declared by court
• imprisonment on a moral offence
▾6. Term of office of CP and members
• CP- 5 yrs / age 70 - whichever earlier
▾member - 5 yrs / age 70 - whichever earlier
• can be reappointed for 5 yrs
• post retirement - no office under GoI or any state
▾7. Member to act as CP or to discharge his functions in certain
 circumstances
• if CP →vacancy president can appoint any member as acting
CP till a new appointment is made
• if CP → absent / leave president can appoint a member to
discharge fns of CP till he returns
▾8. Terms and conditions of service of CP and members
• - as prescribed
• but can’t be varied to his disadvantage after appointment
• 9. Vacancies , etc , not to invalidate the proceedings of the
commission
▾10. Procedure to be regulated by the commission
• meeting - as CP may think fit
• can lay down regulations for its own procedure
• all orders/decisions → authenticated by sec gen / any other officer
of com
▾11. Officers and other staff of the commission
▾CG to make available :
• sec gen - an officer of the rank of sec to GoI
• police / investigative staff under at least DGP and other staff
▾com can appoint its own adm / scientific / tech staff ( rules by
CG )
• salaries , allowances and conditions - as prescribed
▾Chapter III : FUNCTIONS AND POWERS OF THE COMMISSION
▾12. Functions of the commission
▾inquire ( suo moto / petition by victim / order of court ) into
▾violation of HR
• its abetment
• negligence by public servant
• intervene in any HR violation allegation case by approval of the
court
• visit jails / reformation institutions under SG → study living
conditions → make recommendations
• review safeguards under const / any law / treaties and other into
instruments on HR → recommend measures for effective
implementation
• review factors ( including terrorism ) inhibiting enjoyment of HR →
recommend remedial measures
• undertake and promote research into HR
• spread HR literacy / promote awareness of the safeguards →
through media and other means
 • encourage NGOs / instt working in HR
▾13. Powers relating to inquiries
▾all powers of a civil court ( under code of civil pr, 1908 ) and in
particular :
• summon and examine witness on oath
• discovery/production of documents
• receiving evidence on affidavits
• requisition - public record - from any court/office
• issue commission - for examination of witness/ documents
• can ask any person to furnish info related to an inquiry inspite of
any privileges enjoyed by the person - under sec 176,177 of IPC
• commission or any authorised officer ( >= gazetted ) - can enter
any bldg and seize any document related to a case - subject to
sec 100 of Cr.PC 1973
▾com → deemed to be a civil court
• for all purposes of 195 and chap 26 of CrPC
• can record details of a case under sec 175, 178 , 179 , 180 ,
228 of IPC
• can forward the case to a magistrate
• magistrate will hear the case as if forwarded under 346 of CrPC
▾all proceedings before the commission
• deemed to be a judicial proceeding under sec 193 , 196 , 228
of IPC
▾can transfer any case to a SHRC but only if the SHRC has
jurisdiction
• SHRC will deal with this case as if initially filed before it
▾14. Investigation
▾com can utilise any CG/SG officer/agency with concurrence of the
CG/SG
▾such officers/agency within direction of com , can :
• summon and examine any person , obtain any document or
requisition any public record
• if any statement is made by a person to such officers/
agency , then sec 15 ( see next sec)will apply to the
statement as applied in case of making it before the com
▾investigate and submit a report to com in given time period
• the correctness of the conclusions drawn in such reports
can be verified by the com
▾15. Statements made by the person to the Commission
▾if he makes a statement in reply to a Q by com related to the
inquiry
 • it can’t be used against him in a civil/criminal proceeding
except for making a false statement
▾16. Persons likely to be prejudicially affected to be heard
▾if com feels to inquire into conduct of any person / reputation of
any person is likely to be prejudicially affected , then
▾com shall give reasonable opportunity of being heard / produce
evidence in his defence
• … provided that nothing in this section shall apply where
the credit of a witness is being impeached
▾Chapter IV : PROCEDURE
▾17. Inquiry into complaints
▾com can ask for time bound report from CG/SG/any authority
• can inquire into its own if report not submitted in timeframe
• if satisfied by report , may not proceed with the complaint
• if not , it may initiate its own inquiry
▾18. Steps during and after inquiry
▾if inquiry reveals HR violation , it may recommend to govt/
authority:
• pay compensation to victim/family or interim relief during
inquiry
• initiate proceedings against violators or any other action
• approach SC/HC for orders/writs as deemed fit by courts
▾will send inquiry report and recommendations to govt/auth
• the concerned auth will reply in 1 month/time frame with
comments and about the action taken
• com will then publish this report along with the reply from the
govt/auth
• provide a copy to petitioner
▾19. Procedure w.r.t. armed forces
▾seek a report from CG
• after reported , it may seek no action or make
recommendations
• CG will report back on the action taken on recommendations in
3 months/timeframe
• com will then publish the report+recommendations+action
taken
• a copy will be provided to the petitioner
▾20. Annual and special reports of the Commission
▾annual report to CG/SG and special report on urgent matters at
anytime
▾CG/SG will lay the report in legislature and
 • memorandum of actions taken/proposed on
recommendations
• reasons of non action on any recommendations
▾Chapter V : STATE HUMAN RIGHTS COMMISSION
▾21. CONSTITUTION OF SHRC
• may be established by any state as (state name) human rights
com
▾consist of
• CP - who has been CJ of a HC
• 1 member - is or has been HC judge/Distt judge ( min 7 years
exp )
• 1 member - having knowledge / exp in HR
▾secretary → CEO of s.com
• discharge fns as delegated by s.com
• HQ → as notified by SG
▾can inquire into HR violations of entries in list II and III of the 7th
schedule ?
• but for J&K HRC → only list III of the 7th schedule as
applicable to J&K and matters on which state legislature has
power to make laws
• s.com will not inquire into any matter already being inquired by
com or any other com
▾with the recommendations of committee ( sec 22 )
• 2/more SGs may appoint a CP/member of one s.com to
another s.com simultaneously → but the CP/member should
give consent
▾22. Appointment of CP and Members of State Commission ( s.com )
▾by Governor after recommendations of a committee consisting of :
• CM ( chairperson )
• 3 members ( speaker , home min , Leader of Op )
• in case of existence of LC in state → 2 more members
( chairman and Leader of Op )
• sitting judges ( HC/Distt Court ) → appointed only after
consultation with CJ of the HC
• appointments to be valid despite any vacancy in the committee
▾23 . Resignation and removal of CP and members of SHRC
• can resign to governor
▾removal
• on ground of misbehaviour / incapacity
• after inquiry by SC ( ref by president )
• by president
 ▾notwithstanding above , president can remove CP/members if any
of them :
• insolvent
• outside paid employment
• infirmity of mind/body
• unsound mind-declared by court
• imprisonment on a moral offence
▾24. Term of office of CP and members of SHRC
• CP- 5 yrs / age 70 - whichever earlier
▾member - 5 yrs / age 70 - whichever earlier
• can be reappointed for another 5 yrs
• post retirement - no office under GoI or any state
▾25. Member to act as CP or to discharge his functions in certain
circumstances
• if CP →vacancy governor can appoint any member as acting
CP till a new appointment is made
• if CP → absent / leave governor can appoint a member to
discharge fns of CP till he returns
▾26. Terms and conditions of service of CP and members of SHRC
• - as prescribed
• but can’t be varied to his disadvantage after appointment
▾27. Officers and other staff of the State commission
▾SG to make available :
• secretary - an officer of the rank of sec to SG
• police / investigative staff under at least IGP and other staff
▾com can appoint its own adm / scientific / tech staff ( rules by SG )
• salaries , allowances and conditions - as prescribed by SG
▾28. Annual and special reports of the State Commission
▾annual report to SG and special report on urgent matters at
anytime
▾SG will lay the report in each house of state legislature and
• memorandum of actions taken/proposed on
recommendations
• reasons of non action on any recommendations
▾29. Application of certain provisions relating to NHRC to SHRC
▾sec 9 to 18 ( barring 11 ) shall apply to s.com with following
changes:
• commission → replaced by state commission
• sec gen → replaced by secretary
• 12(f) omitted i.e. studying treaties and international instruments
 on HR and making recommendations on them → not to be
done by SHRC
• 17(i) → “ CG or any” to be omitted → i.e. can call for report
from SG but not CG
▾Chapter VI : HUMAN RIGHTS COURTS
▾30. for speedy trial of HR violations SG can specify a court of session
as HR court
• but with concurrence of CJ of HC
▾but not if
• a session court is already specified as a special court
• a special court is already in place for such offences under any
other law
▾31. Special Public Prosecutor
• appointed by SG for every HR court for conducting cases
▾He can be
• a public prosecutor
• advocate with at least 7 yrs exp
▾Chapter VII : FINANCE , ACCOUNTS AND AUDIT
▾32. Grants by the Central Govt to NHRC
• after appropriation made by the parliament by law
• utilised for the purposes of this act → com can use it as it deems
fit
▾33. Grants by the State Govt to SHRC
• after appropriation made by the legislature by law
• utilised for the purposes in chap. V → s.com can use it as it
deems fit
▾34. Accounts and Audit
• Com → maintain accounts and annual stmnt as prescribed by CG
in consultation with CAG
▾auditing by CAG at specified intervals → com to pay to CAG for
audit expenses
• CAG or his appointee → same rights as wrt any govt accounts
• → right to demand any document of com or inspect any office
of com
• the accounts and audit certified by CAG → forwarded by com
to CG → CG to lay it before both houses
▾35. Accounts and audit of State commission
• s.com → maintain accounts and annual stmnt as prescribed by
SG in consultation with CAG
▾auditing by CAG at specified intervals→s.com to pay to CAG for
audit expenses
 • CAG or his appointee → same rights as wrt any govt accounts
• → right to demand any document of com or inspect any office
of s.com
• the accounts and audit certified by CAG → forwarded by
s.com to SG → SG to lay it before state legislature
▾Chapter VIII : MISCELLANEOUS
▾36. Matters not subject to jurisdiction of the Commission
• com → not to inquire into any matter before an S.com / other com
• com/s.com → not to inquire into an act committed after 1 yr of its
occurrence
▾37. Constitution of special investigation teams
• Govt may form SIT(s) for cases of HR if it feels necessary
▾38. Protection of action taken in good faith
• no suit/legal case shall lie against CG/SG/com/s.com or any
person authorised by them if acted in good faith to meet the
pursuance of this act
▾39. Members and officers to be public servants
• all members and officers appointed by com/s.com→deemed to be
public servant ( sec. 21 of IPC )
▾40. Power of Central Government to make rules
▾CG → can make rules for this act and may provide for :
• salaries , allowances , terms of service and conditions of CP/
members
• 40(2)b : conditions for appointment of adm/tech/scientific staff
by com and salaries and allowances of officers and other staff
• any other power of a civil court under sec.13(1)f
• the form of annual stmnt of accounts for auditing by CAG
• all rules made → laid before both houses of Parliament → 30 days
( one or more sessions ) parliament may modify/ annul the rule
→ but without prejudice to anything already done under that rule .
▾40 A . Powers to make rules retrospectively
▾for 40(2)b [ see above ] → CG will have power to make rules
retrospectively ( till a date not earlier than the assent of the
president for this act )
• but no such retrospective effect to be given to any such rule
that can prejudicially affect the interests of any person to whom
such rule may be applicable
▾40 B . Power of Commission to make regulations
▾with approval from CG , com can make regulations → to carry out
provisions of this act and may provide for :
 • procedure to follow under 10(2)
• returns and statistics to be furnished by SHRCs
• any other matter specified by regulations
• all rules made by the com → laid before both houses of
Parliament → 30 days ( one or more sessions ) parliament may
modify/ annul the rule → but without prejudice to anything already
done under that rule .
▾41. Powers of State Government to make rules
▾SG → can make rules for this act and may provide for :
• salaries , allowances , terms of service and conditions of CP/
members
• conditions for appointment of adm/tech/scientific staff by com
and salaries and allowances of officers and other staff
• the form of annual stmnt of accounts for auditing by CAG
• all rules made → laid before Legislative Assembly ( and Legislative
council if there is one )
▾42. Power to remove difficulties
▾in case of difficulty in giving effect to this act …
• … CG can make provisions ( not inconsistent with the act
itself ) to remove the difficulty
• such orders could be made only till 2 yrs after commencement
of this Act
• all such orders must be laid before Parliament ASAP
▾43. Repeal and Savings
• protection of HR Ordinance , 93 → repealed with the
commencement of this act
• all actions taken under the ordinance → deemed to have taken
place under this act