ASSAM HUMAN RIGHTS COMMISSION

Internship Report
MAY 2024

Submitted By:
Martina Engtipi

B.A.LL.B.(H) 10th Semester

NEF Law College, Christianbasti

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 CONTENTS

Sl. No. Contents Page No.

1. INTRODUCTION 3-4
2. ORIGIN of HUMAN RIGHTS 5-6
3. Previous Laws Related to Human Rights in India 7-11
4. United Nations Human Rights Council (UNHRC) 12-14
5. Drafting of the Universal Declaration of Human Rights (UDHR) 15-17
6. The United Nations Economic and Social Council (ECOSOC) 18-20
7. Protection of Human Rights Act, 1993: An Overview and 21-23
Subsequent Amendments
8. National Human Rights Commission 24-27
9. Constitution of State Human Rights Commission 28
10. CASE ANALYSIS 29
11. CASE STUDIES 30-37
12. CONCLUSION 38

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 INTRODUCTION
Human rights are fundamental rights and freedoms that are inherently
possessed by all individuals, regardless of their nationality, ethnicity, religion,
gender, or any other status. These rights are considered universal, inalienable,
and indivisible, meaning they apply to every person equally and cannot be
taken away or separated from a person. Human rights encompass a broad
range of principles and values aimed at promoting dignity, equality, and justice
for all. Some key aspects of human rights include:
Civil and Political Rights:

 These rights pertain to individuals' freedoms and liberties in

relation to their government and society. They include the right
to life, liberty, and security of person, freedom of expression,
association, and peaceful assembly, the right to a fair trial, and
the right to participate in the political process.
Economic, Social, and Cultural Rights:

 These rights relate to individuals' well-being, socioeconomic

conditions, and cultural identity. They include the right to work,
the right to an adequate standard of living, including food,
clothing, housing, and healthcare, the right to education, and
the right to participate in cultural life and enjoy the benefits of
scientific progress.
Right to Equality and Non-Discrimination:

 This principle emphasizes the equal treatment and protection of

all individuals before the law, without discrimination based on
race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth, or other status.

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Right to Freedom from Torture and Inhumane Treatment:

 Individuals have the right to be free from torture, cruel, inhuman,

or degrading treatment or punishment. This includes protections
against arbitrary detention, forced labor, and slavery.
Right to Privacy:

 This right ensures individuals' autonomy and control over

their personal information, as well as protection from
arbitrary interference with their privacy, family, home, or
correspondence.
Rights of Vulnerable Groups:

 Human rights also include protections for vulnerable groups

such as women, children, persons with disabilities, refugees,
migrants, indigenous peoples, and minorities, ensuring their
equal treatment and opportunities within society.
Right to Peace and Security:

 Individuals have the right to live in peace and security, free

from violence, conflict, and the threat of war.

Human rights are enshrined in various international documents and

agreements, including the Universal Declaration of Human Rights (UDHR),
adopted by the United Nations General Assembly in 1948, and subsequent
treaties and conventions. These documents serve as the foundation for the
protection and promotion of human rights at the international, regional, and
national levels. Governments, organizations, and individuals have a
responsibility to respect, protect, and fulfill human rights, ensuring that all
people can live with dignity, freedom, and equality.

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 ORIGIN of HUMAN RIGHTS

The concept of human rights has evolved over centuries, with roots in various
philosophical, religious, and legal traditions. While the modern notion of
human rights is often associated with the post-World War II era and the
Universal Declaration of Human Rights (UDHR) adopted by the United Nations
in 1948, its origins can be traced back to earlier civilizations and historical
developments. Here's a brief overview:
Ancient Civilizations:

 Ideas resembling human rights can be found in ancient

civilizations such as Mesopotamia, Egypt, Greece, and Rome. For
example, the Code of Hammurabi in ancient Mesopotamia (circa
1754 BCE) contained laws protecting certain rights and
establishing principles of justice and fairness.
Religious and Philosophical Traditions:

 Many religious and philosophical traditions have espoused

principles of human dignity, equality, and justice, which form the
moral foundation of human rights. Examples include:
 Judeo-Christian tradition: Concepts such as the inherent
dignity of every individual and the Golden Rule ("Do unto
others as you would have them do unto you") are
foundational.
 Confucianism and Buddhism: Teachings emphasizing
compassion, benevolence, and the inherent worth of every
person contribute to the ethical underpinnings of human
rights.

 Greek philosophy: Thinkers like Plato and Aristotle

articulated ideas about justice, equality, and the rights of
individuals within society.

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 Magna Carta (1215):

 The Magna Carta, signed by King John of England in 1215, is

considered a landmark document in the history of human
rights. While primarily concerned with curbing the powers of
the monarchy, it laid down principles related to the rule of
law, due process, and limits on arbitrary authority.
Enlightenment Era:

 The Enlightenment period of the 17th and 18th centuries saw

the development of ideas about individual rights, freedoms,
and the social contract. Thinkers such as John Locke, Jean-
Jacques Rousseau, and Voltaire promoted concepts like natural
rights, liberty, and equality before the law.
Modern Human Rights Movement:

 The atrocities of World War II, including the Holocaust and

other human rights abuses, led to a global recognition of the
need for a comprehensive framework to protect human
dignity and prevent such horrors from recurring.
 The Universal Declaration of Human Rights (UDHR), adopted
by the United Nations General Assembly in 1948, is a
foundational document that sets out a broad range of civil,
political, economic, social, and cultural rights.
The concept of human rights continues to evolve and expand in response to
contemporary challenges and social movements advocating for justice,
equality, and the dignity of all individuals. It is now enshrined in numerous
international treaties, national constitutions, and legal systems around the
world, reflecting a shared commitment to upholding the rights and
freedoms of every human being.

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 Previous Laws Related to Human Rights in India

The journey of human rights legislation in India is deeply intertwined with its
historical, cultural, and political evolution. From ancient times to the colonial
period, and through the post-independence era, India has witnessed a
continuous development of laws aimed at protecting and promoting human
rights

Ancient Laws

India's commitment to human rights can be traced back to ancient times,

where the principles of dharma (duty) and justice were enshrined in its legal
and moral codes. Texts such as the Arthashastra and Manusmriti laid down
rules for the protection of citizens and prescribed duties for rulers to ensure
justice and welfare.

 Arthashastra: Written by Kautilya (Chanakya) in the 4th century BCE,

this treatise on statecraft and governance emphasized the ruler's duty to
protect the welfare of the people, uphold justice, and maintain social
order. It included provisions for the fair treatment of subjects and the
protection of their rights.

 Manusmriti: This ancient legal text, dating back to around 200 BCE,
outlined the duties and responsibilities of individuals and rulers. While it
reflected the social hierarchy of its time, it also emphasized the
importance of justice and the protection of individuals within the
societal framework.

Medieval Laws

During the medieval period, the advent of Islamic rule introduced new legal
concepts and practices that influenced the existing legal system.

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  Fatawa-e-Alamgiri: Compiled during the reign of Mughal Emperor
Aurangzeb in the 17th century, this legal code aimed to align the
administration of justice with Islamic principles. It addressed various
aspects of civil and criminal law, including the rights and duties of
individuals.

Colonial Period

The colonial era marked a significant shift in India's legal landscape. The British
introduced several laws and legal reforms that laid the foundation for modern
human rights legislation.

British-Introduced Laws

 Charter Act of 1833: This Act marked the beginning of legal reforms in
British India, leading to the establishment of a unified legal system. It
aimed to promote the welfare of the Indian population and introduced
the principle of equality before the law.

 Indian Penal Code (1860): Drafted by Lord Macaulay, the Indian Penal
Code (IPC) consolidated and codified criminal law in India. It aimed to
provide a uniform legal framework and included provisions to protect
the rights of individuals against crimes such as assault, theft, and
defamation.

 Indian Evidence Act (1872): This Act standardized the rules of evidence,
ensuring fairness and transparency in judicial proceedings. It sought to
protect the rights of individuals by establishing clear guidelines for the
admissibility of evidence in courts.

 Indian Contract Act (1872): This legislation codified the principles of

contract law, protecting the rights of parties involved in commercial
transactions. It aimed to ensure fairness and prevent exploitation in
contractual relationships.

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Reform Movements and Legal Advances

The 19th and early 20th centuries witnessed various reform movements that
played a crucial role in advocating for human rights and social justice.

 Abolition of Sati (1829): Led by reformers like Raja Ram Mohan Roy, the
practice of Sati (the immolation of widows) was abolished through
legislation. This marked a significant step towards protecting the rights
and dignity of women.

 Widow Remarriage Act (1856): Spearheaded by social reformers such as

Ishwar Chandra Vidyasagar, this Act legalized the remarriage of widows,
challenging prevailing social norms and promoting women's rights.

 Child Marriage Restraint Act (1929): Also known as the Sarda Act, this
legislation aimed to curb the practice of child marriage by setting
minimum age limits for marriage. It was a landmark law in the fight
against child exploitation and abuse.

Post-Independence Era

With India's independence in 1947, the nation embarked on a new journey to

establish a democratic and inclusive society. The adoption of the Constitution
of India in 1950 marked a significant milestone in the protection and
promotion of human rights.

The Constitution of India

The Indian Constitution is the cornerstone of the country's legal framework

and a comprehensive charter of human rights. It enshrines fundamental rights
and directive principles of state policy that aim to secure justice, liberty,
equality, and dignity for all citizens.

 Fundamental Rights (Part III): The Constitution guarantees a set of

fundamental rights to all citizens, including the right to equality (Article

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 14), the right to freedom of speech and expression (Article 19), the right
to life and personal liberty (Article 21), and the right against exploitation
(Article 23). These rights are enforceable by the courts and form the
bedrock of India's human rights framework.

 Directive Principles of State Policy (Part IV): These principles serve as

guidelines for the government to promote social and economic justice.
While not justiciable, they aim to create conditions for the realization of
human rights by addressing issues such as education, public health, and
social welfare.

 Fundamental Duties (Part IVA): Added by the 42nd Amendment in

1976, these duties remind citizens of their responsibilities towards the
nation and society, fostering a sense of collective duty in upholding
human rights.

Specific Human Rights Legislation

Post-independence, India has enacted several laws to address specific human

rights issues and protect vulnerable sections of society.

 Protection of Civil Rights Act (1955): This Act aims to abolish

untouchability and prevent discrimination based on caste. It provides for
penalties against those who practice or promote untouchability.

 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

(1989): This legislation seeks to prevent atrocities against members of
Scheduled Castes and Scheduled Tribes, ensuring their protection and
providing for special courts to expedite justice.

 Immoral Traffic (Prevention) Act (1956): This Act aims to combat human
trafficking and the exploitation of women and children for prostitution.
It provides for stringent penalties against traffickers and supports
rehabilitation measures for victims.

 Child Labour (Prohibition and Regulation) Act (1986): This law prohibits
the employment of children in hazardous occupations and regulates

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 their working conditions in non-hazardous industries. It seeks to protect
children from exploitation and ensure their right to education.

 Right to Information Act (2005): This Act empowers citizens to seek

information from public authorities, promoting transparency and
accountability in governance. It is a crucial tool for the protection of the
right to information and the fight against corruption.

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 United Nations Human Rights Council (UNHRC)
The United Nations Human Rights Council (UNHRC) is an inter-governmental
body within the United Nations system, responsible for the promotion and
protection of human rights around the globe. Established by the UN General
Assembly on March 15, 2006, the UNHRC replaced the former UN Commission
on Human Rights, aiming to address human rights violations and make
recommendations on them.

Structure and Membership

The UNHRC is composed of 47 member states, elected by the UN General

Assembly. The members serve for a period of three years and are not eligible
for immediate re-election after two consecutive terms. Membership is
distributed geographically to ensure representation from all regions of the
world:

 Africa: 13 seats

 Asia-Pacific: 13 seats

 Latin America and the Caribbean: 8 seats

 Western Europe and other states: 7 seats

 Eastern Europe: 6 seats

Elections are held through a secret ballot, and candidates must receive an
absolute majority of votes from the General Assembly. Member states are
expected to uphold the highest standards in the promotion and protection of
human rights and to fully cooperate with the Council.

Functions and Responsibilities

The UNHRC is tasked with various functions to promote and protect human
rights:

1. Promoting Universal Human Rights: The Council addresses a wide range

of human rights issues and situations, aiming to promote and protect
civil, political, economic, social, and cultural rights. It conducts regular
sessions to discuss these issues and make recommendations.

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 2. Universal Periodic Review (UPR): One of the Council’s key mechanisms,
the UPR assesses the human rights records of all UN member states
every four years. This peer-review process allows states to report on
their human rights situation and receive feedback and recommendations
from other member states.

3. Special Procedures: The UNHRC has established a system of Special

Procedures, consisting of independent experts, special rapporteurs, and
working groups who monitor, report, and advise on specific human
rights issues or country situations. These experts conduct country visits,
investigate human rights violations, and submit reports to the Council.

4. Advisory Committee: The Advisory Committee serves as a think tank for

the Council, providing expertise and advice on thematic human rights
issues. It conducts research and prepares reports to support the
Council’s work.

5. Complaint Procedure: This procedure allows individuals and

organizations to bring human rights violations to the attention of the
Council. The Council can then take appropriate action, including
investigation and recommendations.

Key Achievements

 Addressing Human Rights Violations: The UNHRC has played a critical

role in addressing and highlighting human rights violations worldwide. It
has passed numerous resolutions condemning abuses and calling for
accountability.

 Raising Awareness: Through its mechanisms like UPR and Special

Procedures, the Council has raised global awareness about human rights
issues, leading to policy changes and improvements in various countries.

 Promoting Cooperation: The Council has fostered international

cooperation on human rights issues, bringing together member states,
civil society, and other stakeholders to work towards common goals.

The United Nations Human Rights Council plays a vital role in the global human
rights framework, promoting and protecting human rights through its various

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mechanisms and activities. Despite facing challenges, the UNHRC continues to
be an essential platform for addressing human rights violations, fostering
international cooperation, and advancing the cause of human rights
worldwide. Its efforts contribute significantly to the ongoing struggle for
dignity, equality, and justice for all individuals.

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 Drafting of the Universal Declaration of Human Rights (UDHR)

The Universal Declaration of Human Rights (UDHR) is a landmark document in

the history of human rights, setting out fundamental human rights to be
universally protected. Drafted by representatives with different legal and
cultural backgrounds from all regions of the world, the UDHR was proclaimed
by the United Nations General Assembly in Paris on December 10, 1948, as a
common standard of achievements for all peoples and all nations.

Historical Context

The drafting of the UDHR occurred in the aftermath of World War II, a period
marked by unprecedented atrocities and human rights violations. The horrors
of the Holocaust and the war’s widespread destruction underscored the need
for a comprehensive international framework to protect human rights and
prevent such atrocities in the future. The formation of the United Nations in
1945 provided a platform for nations to collectively address these concerns.

Drafting Process

1. Commission on Human Rights: The task of drafting the UDHR was

entrusted to the newly established Commission on Human Rights, a
body of the United Nations Economic and Social Council (ECOSOC). The
Commission was chaired by Eleanor Roosevelt, who played a pivotal role
in guiding the drafting process.

2. Drafting Committee: The Commission formed a Drafting Committee

composed of members from various countries, each bringing diverse
legal traditions and perspectives. Notable members included René
Cassin of France, Charles Malik of Lebanon, Peng Chun Chang of China,
and John Humphrey of Canada, who provided the initial draft.

3. Influence of Key Figures:

 Eleanor Roosevelt: As the chairperson, she provided strong

leadership and was instrumental in building consensus among the
diverse group of drafters.

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  René Cassin: Often credited as the principal author, Cassin
organized the document’s structure and refined its language.

 Charles Malik and Peng Chun Chang: Malik's philosophical

contributions and Chang's insistence on incorporating elements of
Eastern philosophies ensured a more inclusive document.

4. Consultations and Revisions: The draft declaration underwent

numerous revisions and consultations, reflecting input from member
states, non-governmental organizations, and individuals worldwide. The
drafting process was characterized by extensive debates and
negotiations to reconcile different viewpoints and cultural perspectives.

5. Adoption: After nearly two years of deliberations, the final draft of the
UDHR was submitted to the United Nations General Assembly. On
December 10, 1948, the General Assembly adopted the UDHR with 48
votes in favor, none against, and eight abstentions (the Soviet bloc,
South Africa, and Saudi Arabia).

Structure and Content

The UDHR consists of a preamble and 30 articles, outlining a broad range of

fundamental rights and freedoms to which all individuals are entitled. These
rights include civil, political, economic, social, and cultural rights, emphasizing
the universality, indivisibility, and interdependence of all human rights.

1. Preamble: The preamble sets out the philosophical basis for the
declaration, reaffirming the inherent dignity and equal rights of all
members of the human family.

2. Articles 1-21: These articles outline civil and political rights, including the
right to life, liberty, and security; freedom from slavery and torture; the
right to a fair trial; freedom of thought, conscience, and religion; and the
right to participate in government.

3. Articles 22-27: These articles address economic, social, and cultural

rights, including the right to social security, work, education, and an
adequate standard of living.

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 4. Articles 28-30: These articles underscore the collective responsibility of
individuals and states to uphold the rights enshrined in the declaration
and the limitations necessary to ensure respect for the rights of others.

Significance and Impact

The UDHR has had a profound impact on the development of international

human rights law and norms. It serves as a foundational document for
numerous international treaties and national constitutions. The declaration has
inspired and guided global human rights movements and provided a
framework for addressing human rights violations worldwide.

1. International Influence: The UDHR has influenced the drafting of

subsequent international human rights treaties, such as the
International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR),
collectively known as the International Bill of Human Rights.

2. National Legislation: Many countries have incorporated the principles of

the UDHR into their constitutions and legal systems, enhancing the
protection of human rights at the national level.

3. Human Rights Advocacy: The UDHR continues to serve as a powerful

tool for human rights advocacy, providing a common language and set of
standards for activists, organizations, and governments to address
human rights issues.

The drafting of the Universal Declaration of Human Rights was a monumental

achievement, reflecting a global commitment to safeguarding human dignity
and rights. Despite challenges and differing perspectives, the collaborative
efforts of the drafters produced a timeless document that remains a
cornerstone of international human rights law. The UDHR's enduring
significance lies in its universal vision and its role in promoting justice, equality,
and peace worldwide.

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 The United Nations Economic and Social Council (ECOSOC)

The United Nations Economic and Social Council (ECOSOC) is one of the six
principal organs of the United Nations, established to promote international
economic and social cooperation and development. Created by the UN Charter
in 1945, ECOSOC is pivotal in addressing the world's economic, social, and
environmental challenges. In the context of human rights, ECOSOC plays a
significant role in coordinating and supporting efforts to promote and protect
human rights globally.

Structure and Functions

ECOSOC consists of 54 member states elected by the UN General Assembly for

overlapping three-year terms. The Council meets annually for a four-week
substantive session in July, supplemented by other meetings and events
throughout the year.

Key Functions Related to Human Rights:

1. Coordination and Oversight: ECOSOC coordinates the work of various

UN agencies, specialized agencies, and commissions related to
economic, social, and cultural issues, which are inherently linked to
human rights. This includes overseeing the implementation of
international human rights agreements and conventions.

2. Policy Recommendations: ECOSOC makes policy recommendations to

the UN system and member states to promote respect for human rights
and fundamental freedoms. It addresses issues such as poverty,
education, health, and sustainable development, all of which have
significant human rights implications.

3. Promotion of International Cooperation: The Council fosters

international cooperation in economic and social fields, creating an
environment conducive to the protection and promotion of human
rights. It works to ensure that economic and social policies align with
human rights principles.

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 4. Review and Monitoring: ECOSOC reviews and monitors the progress of
member states in fulfilling their human rights obligations, particularly
those related to economic, social, and cultural rights. It provides a
platform for dialogue and sharing best practices among member states.

Key Bodies and Commissions

Several functional commissions and bodies under ECOSOC have specific

mandates related to human rights:

1. Commission on Human Rights (1946-2006): Originally established as a

subsidiary body of ECOSOC, the Commission on Human Rights was
responsible for drafting the Universal Declaration of Human Rights
(UDHR) and other foundational human rights documents. In 2006, it was
replaced by the UN Human Rights Council (UNHRC), which now reports
directly to the General Assembly but still maintains a relationship with
ECOSOC.

2. Commission on the Status of Women (CSW): The CSW is dedicated to

promoting gender equality and the empowerment of women. It reviews
progress in the implementation of the Beijing Declaration and Platform
for Action and addresses issues such as violence against women and
girls, economic empowerment, and political participation.

3. Commission for Social Development (CSocD): This commission focuses

on social development issues, including poverty eradication,
employment, and social integration, all of which are crucial for the
realization of human rights.

4. Permanent Forum on Indigenous Issues (PFII): The PFII addresses

indigenous peoples' rights and issues, providing expert advice and
recommendations to ECOSOC and other UN entities.

ECOSOC's Role in Human Rights Initiatives

1. 2030 Agenda for Sustainable Development: ECOSOC plays a crucial role

in promoting the 2030 Agenda and its 17 Sustainable Development
Goals (SDGs). The SDGs are deeply interconnected with human rights,

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 aiming to end poverty, reduce inequality, and ensure access to
education, healthcare, and justice for all.

2. Universal Periodic Review (UPR): Although the UPR is conducted by the

Human Rights Council, ECOSOC supports the implementation of its
recommendations by fostering cooperation among UN agencies and
member states to address economic and social rights.

3. Technical Assistance and Capacity Building: ECOSOC facilitates technical

assistance and capacity-building initiatives to help member states
strengthen their national human rights frameworks and address
economic and social challenges.

The United Nations Economic and Social Council (ECOSOC) is a central platform
for promoting and protecting human rights within the broader framework of
economic and social development. Through its coordination of UN agencies,
policy recommendations, and support for international cooperation, ECOSOC
contributes significantly to advancing human rights globally. Despite facing
challenges, its efforts to integrate human rights into economic and social
policies remain crucial for achieving sustainable development and improving
the well-being of individuals and communities worldwide.

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 Protection of Human Rights Act, 1993: An Overview and
Subsequent Amendments

The Protection of Human Rights Act, 1993, is a landmark legislation in India

aimed at protecting and promoting human rights. Enacted on January 28,
1993, the Act established the National Human Rights Commission (NHRC),
State Human Rights Commissions (SHRCs), and Human Rights Courts. This
framework was designed to investigate and address human rights violations,
ensuring justice and the protection of fundamental freedoms.

Key Provisions of the Act:

Establishment of NHRC and SHRCs:

 National Human Rights Commission (NHRC):

 The NHRC is an autonomous public body constituted to

inquire into human rights violations, including rights relating
to life, liberty, equality, and dignity.

 It consists of a Chairperson (a retired Chief Justice of India),

members from the judiciary, human rights experts, and
other appointed individuals.

 State Human Rights Commissions (SHRCs):

 SHRCs operate at the state level, mirroring the structure

and functions of the NHRC.

 They address human rights issues within their respective

states.

Functions and Powers:

 The NHRC and SHRCs have the power to:

 Investigate complaints of human rights violations.

 Intervene in legal proceedings involving human rights

issues.
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  Review safeguards provided by the Constitution or any law
for the protection of human rights.

 Visit jails and detention facilities to study the conditions of

inmates.

 Undertake and promote research in the field of human

rights.

 Spread human rights literacy and awareness among the

masses.

 Encourage the efforts of NGOs and institutions working in

the field of human rights.

Subsequent Amendments

Since its enactment, the Protection of Human Rights Act, 1993, has been
amended to address emerging challenges and enhance the effectiveness of the
human rights framework in India.

The Protection of Human Rights (Amendment) Act, 2006

Changes in Composition:

 The amendment expanded the composition of the NHRC by

including the Chairpersons of the National Commission for
Minorities, the National Commission for Scheduled Castes, and
the National Commission for Scheduled Tribes as deemed
members.

Empowering SHRCs:

 The amendment empowered SHRCs to independently investigate

complaints of human rights violations without referring them to
the NHRC.

Tenure and Appointment:

 Changes were made to the tenure and appointment procedures of

the Chairperson and members of the NHRC and SHRCs, ensuring a
more streamlined process.
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The Protection of Human Rights (Amendment) Act, 2019

Enhancing Diversity:

 The 2019 amendment aimed to enhance the diversity of the NHRC

by including a woman member as a mandatory requirement.

 It also provided for the inclusion of the Chairpersons of the

National Commission for Backward Classes and the National
Commission for the Protection of Child Rights as deemed
members.

Strengthening SHRCs:

 The amendment reduced the eligibility criteria for appointment as

Chairpersons of SHRCs, allowing former Chief Justices or Judges of
High Courts to be appointed.

Tenure Changes:

 The tenure of the Chairperson and members of the NHRC and

SHRCs was revised to five years or until the age of seventy years,
whichever is earlier.

Regional Offices:

 The amendment facilitated the establishment of regional offices

of the NHRC for better outreach and efficiency.

The Protection of Human Rights Act, 1993, represents a significant step

forward in India's commitment to safeguarding human rights. By establishing
the NHRC and SHRCs, the Act provided institutional mechanisms to address
and rectify human rights violations. Subsequent amendments in 2006 and 2019
have further strengthened the framework, ensuring greater inclusivity,
efficiency, and responsiveness. These efforts underscore the importance of
continually evolving legal frameworks to protect and promote human rights in
an ever-changing societal landscape.

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 National Human Rights Commission (NHRC)

The National Human Rights Commission (NHRC) of India is a vital

institution established under the Protection of Human Rights Act, 1993, with
the primary mandate of protecting and promoting human rights across the
nation. Central to the NHRC's effectiveness are its Chairperson and members,
who play pivotal roles in upholding human rights principles and addressing
violations.

Composition of the NHRC

The NHRC comprises a Chairperson and several members, each bringing

diverse expertise and experiences to the commission's work. The composition
includes:

 Chairperson: A former Chief Justice of India, providing leadership and

legal acumen to the commission.

 Members: Comprising individuals with backgrounds in the judiciary,

human rights advocacy, and relevant fields, ensuring a multidisciplinary
approach to human rights issues.

 Deemed Members: Including key officials from national commissions

focused on marginalized communities and specific rights areas,
contributing to a holistic understanding of human rights challenges.

Appointment Process

The appointment of the Chairperson and members of the NHRC follows a

structured process to ensure competence, integrity, and independence:

1. Selection Committee: A high-level committee, chaired by the Prime

Minister and comprising parliamentary leaders and ministers,
recommends candidates to the President for appointment.

2. Qualifications: Specific qualifications are mandated for each position,

such as former Chief Justice status for the Chairperson and judicial or

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 human rights expertise for members, ensuring that appointees possess
the necessary skills to fulfill their roles effectively.

Recent Amendments

The Protection of Human Rights (Amendment) Act, 2019, introduced

significant changes to the NHRC's composition and appointment process:

1. Inclusion of Women: A crucial amendment mandated the inclusion of at

least one woman among NHRC members, promoting gender diversity
and a broader representation of perspectives.

2. Expanded Deemed Members: The amendment expanded the list of

deemed members to include additional national commissions,
enhancing collaboration and expertise exchange within the human rights
landscape.

3. Eligibility Criteria Broadening: The eligibility criteria for the

Chairperson's position were broadened to include retired Supreme
Court judges, increasing the pool of qualified candidates and ensuring
continuity in leadership.

4. Tenure Revision: The amendment revised the tenure of the Chairperson

and members, balancing stability and renewal by setting a fixed tenure
of 3 years or age of 70, whichever is earlier.

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 Functions of the Commission (Sec-12)

Inquiry and Intervention:

The National Human Rights Commission (NHRC) is empowered by Section 12 of
the Protection of Human Rights Act, 1993, to investigate violations of human
rights. It can initiate inquiries either on its own (suo motu) or upon receiving
petitions regarding violations committed by public servants. Additionally, the
NHRC has the authority to intervene in legal proceedings related to human
rights violations, offering its expertise and recommendations where deemed
necessary.

Visitation and Recommendations:

A significant aspect of the NHRC's functions involves visiting detention facilities
and institutions under state control to assess the conditions and treatment of
detainees or inmates. Following its inquiries or investigations, if the NHRC finds
evidence of human rights violations, it can recommend appropriate relief
measures to the relevant government or authority, emphasizing the
importance of remedial action in cases of injustice.

Research and Advocacy:

Beyond its investigative role, the NHRC is mandated to undertake and promote
research in the realm of human rights. This includes efforts to enhance human
rights literacy and awareness among different segments of society,
contributing to a more informed and rights-conscious citizenry. Moreover, the
Commission supports the work of non-governmental organizations (NGOs) and
institutions dedicated to human rights, fostering collaboration and advocacy
for rights-based initiatives.

Safeguarding and Advisory Functions:

An essential function of the NHRC is to monitor the safeguards provided by the
Constitution and laws for the protection of human rights. It evaluates the
efficacy of these safeguards and recommends measures for their effective
implementation. Additionally, the Commission plays an advisory role, providing

26
guidance and recommendations to the Central Government and State
Governments on human rights matters, contributing to policy formulation and
implementation strategies.

Reporting and Additional Functions:

The NHRC fulfills its accountability and transparency obligations by submitting
annual reports to the Central Government and State Governments detailing its
activities and findings. Special reports may also be submitted on critical human
rights issues. Furthermore, the Act empowers the NHRC to undertake any
other function entrusted to it by the Central Government or recommended by
the Commission for advancing the promotion and protection of human rights
in India. These functions collectively equip the NHRC with a comprehensive
mandate to uphold human rights standards, advocate for justice, and promote
a culture of respect for fundamental freedoms across the nation.

27
 Constitution of State Human Rights Commission (Sec-21)
(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. 1

(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 among 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.

(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
III in the Seventh Schedule to the Constitution

28
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3
 CASE STUDIES

1. AHRC CASE No. 2685/2019-20

Facts:

The complaint was regarding the non-following of the land rules

under the Bokajan Block, Lahorijan Sunday Bazaar Village, Karbi Anglong,
Assam. The Indian Easement Act 1882 is completely violated. Villagers
prohibited the original Patta land owners to use the land for the road
purpose. Easement is a right and so the matter needed inquiry from the
SDO Bokajan. Nature of punishment for violation of the Act should be
discussed in details and should be informed to the public.

Action Taken:

No prima Facie case of violation of Human Rights by any public

servant appears to exist to take cognizance for enquiry. The allegations
are not against any public servant and hence outside the purview of the
Commission. As such, the complaint is not entertainable under
Regulations 7(2)(v)(viii) of the Assam Human Rights Commission
Regulation 2001 and liable to be dismissed. Accordingly the complaint is
dismissed and the case is closed.

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2. AHRC Case No. 745/3/13-14

Facts:
a. The case involves an incident of alleged transfusion of HIV
infected blood from a blood-bank of Mangaldoi Civil Hospital.
b. Various notices were issued to different concerned authorities to
take necessary action. Most notably to Assam State AIDS Control
Society for supervisory visits of blood-banks.
c. The AHRC after hearing the parties and analyzing all the reports
granted the victims Rs 1,00,000 each as interim relief from Govt of
Assam through its Chief Secretary.
d. It was recommended by the AHRC to constitute a “High Level
Enquiry Committee” consisting of alteast 3 members including:
i. The Commissioner and Secretary, Department of Health
and Family Welfare
ii. Commissioner and Secretary, Department of Home
iii. A retired District and Sessions Judge.
e. It is also reported that false report regarding performance of the
requisite blood test of the sid infectious donor was prepared by
the employees of the blood bank.

Observation:
a. The government Advocate submits that the victims have been
given compensation of RS 5,00,000 each. It is further directed that
the State shall give free medical expenses to the victims during
their entire lifetime.
b. Since the case is subjudiced bearing Case No. PIL 50/2013, this
Commission has decided to close this Suo Motu case in terms of
Regulation 7(2)(l) of Assam Human Rights Commission Procedure
Regulation.

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3. AHRC Case No. 1716 of 2019-20(9)

Facts:
a. That the victim was appointed as a Forest Ranger in the year 1985.
The victim was placed under suspension on 29/03/1995 and again
on 14/08/2014 due to some concocted and fabricated charges.
b. The victim was reinstated thereafter, and has been presently
working without salary since October 2018.

Observation:

a. It was found by analyzing the facts that this matter is purely a

service matter, which is barred by Section 36(2) of The Protection
of Human Rights Act 1993 and Regulations 7(2)(I)(X) and (XII) of
Assam Human Rights Commission (Procedure) Regulations, 2009
b. Since the incident took place more than 1 year before making of
the complaint and also the matter is subjudiced in honourable
Court and that the matter is service related, hence the
Commission cannot take cognizance of the instant case.

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4. AHRC CASE NO: 695/14/13-14

FACTS:

a. The Assam Human Rights Commission (AHRC) took suo motu

cognizance of a report published in the vernacular daily "Amar Asom"
on April 22, 2013, titled "Nagaonwat Ghare Ghare Bibhishikha"
(Terror in every household at Nagaon). The article highlighted the
increasing number of Fluorosis cases in the Nagaon District due to
the negligence of the State Government and the Public Health
Engineering (PHE) Department. The report revealed that 2582
individuals from Tapatjuri, Digarumukh, and Nizparakhowa were
suffering from Fluorosis, with urine tests showing dangerous fluoride
levels in primary school students. The PHE Department was accused
of supplying contaminated water for over 20 years, resulting in
severe health impacts, including disability and premature aging.
b. In response, the AHRC issued a notice to the Chief Secretary of Assam
to conduct an effective inquiry into these allegations and submit a
report. The Deputy Secretary of the Assam PHE Department
submitted a partial Action-Taken Report on July 4, 2013, covering
only five out of eighteen affected villages.
c. Two other related cases were amalgamated with the suo motu case:
AHRC Case No. 796/14/13-14, based on a complaint by Advocate
Raman Das and six others, and AHRC Case No. 894/14/13-14, based
on an article by Dr. Rani Borah. While Dr. Rani submitted her
comments on the Action-Taken Report, Advocate Raman Deka did
not.

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 OBSERVATION:
The AHRC observed that the PHE Department's negligence and the
government's apathy had led to severe human rights violations, affecting
the health and dignity of the affected populations in Nagaon District.
The report provided by the PHE Department was deemed inadequate,
covering only five of the eighteen affected villages and lacking any
mention of preventive or curative measures for Fluorosis.
Dr. Rani Borah, a Reader in the Department of Conservative Dentistry &
Endodontics at the Regional Dental College, Guwahati, provided
recommendations for preventive and curative measures. These
included:
• Implement preventive strategies by providing safe drinking water and
supplementing nutrition.
• Conduct detailed fluoride mapping and geo-chemical surveys to
identify and mitigate sources of fluoride contamination.

• Focus on nutritional interventions, including adequate intake of

calcium, vitamins C and E, and antioxidants, along with consuming safe
drinking water.
• Evaluate and implement defluoridation techniques for contaminated
groundwater.
• Limit the exploitation of groundwater to prevent indiscriminate
digging of bore-wells in high fluoride zones.
• Address air pollution from brick and tile kilns as a potential source of
fluoride contamination.

The AHRC directed the Government of Assam, through its Chief

Secretary, to implement Dr. Borah's recommendations and other
appropriate measures to prevent, control, and treat Fluorosis in the
affected areas. The Commission emphasized the urgency and severity of
the Fluorosis crisis, terming it a "Human Tragedy" and a major threat to
human rights. The Commission's order was forwarded to the Chief
Secretary of Assam, along with relevant documents, for prompt action.

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5. AHRC Case No: 2701 of 2019-20 (ll)

Subject: Illegal imprisonment and human rights violation of Kabir

Ahmed Islam at Kokrajhar Detention Center

FACTS:
a. The Campaign Against Torture (CAT) is urging the National Human
Rights Commission (NHRC) to intervene regarding the prolonged
illegal imprisonment of Kabir Ahmed beyond the maximum five-year
sentence permitted under the Foreigners Act of 1946.
b. Despite no convictions for other offenses, Kabir Ahmed remains
incarcerated since 2014, constituting violations of Articles 20 and 21
of the Indian Constitution. CAT demands immediate release, interim
compensation of Rs 20 lakhs, and directives for the Ministry of
External Affairs and Ministry of Home Affairs to provide details on
efforts for Rafiqul Islam's repatriation.

OBSERVATION:
a. Upon review of the complaint, it is noted that the intervention
requested includes compensation and measures that fall under the
purview of the National Human Rights Commission. As the matter
involves requests for compensation, this Commission is barred from
taking cognizance of the issue directly.
b. The case is referred to the National Human Rights Commission to
address the complaint as per the complainant's request.
c. In light of the above considerations, the case is closed by this
Commission.

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6. AHRC CASE NO: 2688 OF 19-20 (9)
Subject: complaint of domestic violence, harassment, and false accusations
by husband and in-laws

FACTS:

a. The complainant, reports severe abuse and harassment by her husband,

Raman Das, and his family following their marriage on May 10, 2014.
The abuse began within a month of the marriage, primarily involving
demands for dowry and escalated to physical violence, culminating in a
severe beating on October 2, 2014, which she perceived as an attempt
on her life. On July 29, 2015, she was forcibly evicted from her home,
and subsequently, her husband filed for divorce on July 20, 2016.
b. During a mediation session on March 15, 2017, the Husband of the
victim allegedly threatened Priya and her counsel with severe
consequences. Further threats were made on March 21, 2017, in the
court premises. Additionally, on March 22, 2017, the husband lodged a
false criminal case against the victim and her mother, accusing them of
life threats and extortion. The victim also alleges that her husband has
illegally remarried another woman. She emphasizes that her husband,
being an advocate, manipulates legal processes to his advantage, thus
seeking a thorough investigation and justice from the Assam Human
Rights Commission.

OBSERVATION:

The complaint pertains to matrimonial issues. After consideration,

it was determined that the matters raised do not fall under the
jurisdiction of the Human Rights Act, 1993, as per Regulation 7(2)(V) of
the Assam Human Rights Commission (Procedure) Regulation, 2001.
Consequently, the complaint is deemed inadmissible and is dismissed.
The case is now closed.

36
 CONCLUSION
This one-month internship at the Assam Human Rights Commission in
May 2024 has been an incredibly enriching experience. This opportunity
allowed me to gain a profound understanding of the workings of human rights
advocacy and the crucial role such organizations play in safeguarding individual
rights and promoting justice. It also helped me learn some important aspects
related to field of law. Case study and analysis was the basis of my internship
which included the study of nature of cases registered, its proceedings and the
cause of disposal.

I am profoundly thankful for this opportunity, which has not only

broadened my knowledge but also strengthened my resolve to advocate for
human rights in my future career endeavors. With a vote of thanks and
gratefulness, I would like to conclude this report.

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