ROLE OF NCM STATE, SC/ST COMMISSION

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This article is written by Ridhika Manchanda of 2^nd Semester of Maharaja Surajmal Institute, IP University, Delhi

ABSTRACT

This paper gives an insight on the role of the state and its commissions in protecting and promoting the rights of citizens, especially vulnerable sections of society such as women, minorities, scheduled castes, and scheduled tribes, is crucial. The State Human Rights Commission (SHRC) has been established to investigate complaints of human rights violations committed by public servants and recommend compensation to victims or their families. The National Commission for Women (NCW) has played a significant role in protecting the rights of women by issuing guidelines to employers on preventing sexual harassment at the workplace and taking up cases of violence against women. The National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST) have also played a vital role in protecting the rights of scheduled castes and tribes by investigating and monitoring all matters relating to the safeguards provided for them under the constitution or any other law in force. These commissions have recommended amendments to legislation to make it more effective in protecting the rights of citizens. It is essential that these commissions continue to function independently and effectively to ensure that the rights of citizens are protected and promoted.

KEYWORDS

Commissions, protecting, promoting, rights, vulnerable sections, women, minorities, scheduled castes, scheduled tribes, State Human Rights Commission, human rights violations, National Commission for Women, sexual harassment, violence against women, National Commission for Scheduled Castes, National Commission for Scheduled Tribes

Introduction:

The role of the state and its commissions in protecting and promoting the rights of citizens is crucial in any democratic society. In India, the state has established various commissions to protect the rights of vulnerable sections of society, such as women, minorities, scheduled castes, and scheduled tribes. These commissions play a vital role in investigating complaints of human rights violations and recommending compensation to victims or their families.

The State Human Rights Commission (SHRC)

It is an independent body established to investigate complaints of human rights violations committed by public servants. The SHRC has the power to recommend compensation to victims or their families and has played a significant role in protecting the rights of citizens.

The National Commission for Women (NCW)

It is another important commission that has played a significant role in protecting the rights of women. The NCW has issued guidelines to employers on preventing sexual harassment at the workplace and has taken up cases of violence against women.

The National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST)

They have also played a vital role in protecting the rights of scheduled castes and tribes. These commissions investigate and monitor all matters relating to the safeguards provided for them under the constitution or any other law in force.

The role of these commissions is not limited to investigating complaints of human rights violations. They also recommend amendments to legislation to make it more effective in protecting the rights of citizens. These commissions have been instrumental in ensuring that the rights of citizens are protected and promoted.

It is essential that these commissions continue to function independently and effectively. The state must provide them with adequate resources and support to carry out their duties effectively. The role of these commissions is crucial in ensuring that the rights of citizens are protected and promoted, especially those belonging to vulnerable sections of society.

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

State Human Rights Commission (SHRC)

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

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

i Interject in proceedings pending before a court with its approval in matters relating to violation of human rights.

ii Investigate complaints relating to infringement of human rights or negligence by a public servant in the prevention of the former, which can be done when presented with a petition by the victim or any person on his behalf or suo motu or when directed by any court.

iii In order to make suggestions to the State Government regarding the living conditions of the inmates, it has the right to visit jails or other institutions under the jurisdiction of that government.

iv Analyze the safeguards for protection of human rights under the constitution or any other law in force and advise means for their efficacious enforcement.

v Analyze the elements (for instance terrorism), which constrain the enjoyment of human rights and to suggest appurtenant corrective measures.

vi Initiate and advance research in the sphere of human rights.

vii Spread awareness regarding human rights and safeguards available for the same amongst multifarious sections of the society by media and other means.

viii Laud the endeavors of non-governmental organizations and other institutions engaged in this sphere.

ix Other functions that may be considered significant by it for the protection of human rights.

State of Kerala V. The Human Rights Commission [1]–

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

National Commission for Women (NCW)

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

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

i Inquire in matters under the constitution and other laws, regarding safeguards for women.

ii Annually and at other times when the commission considers fit, it advances before the Central Government reports on the functioning of the safeguards.

iii Make in the aforementioned report’s suggestions for the efficacious enforcement of the safeguards by the Union of the states for ameliorating the conditions of women.

iv Examine legislation and the provisions of the constitution regarding women and suggest amendments to them so as to do away with the inefficacies.

v Take up cases of violation of women’s rights and recommend appropriate remedial measures.

vi Investigate and examine matters relating to the non-implementation of laws relating to women and suggest measures for their effective implementation.

vii Conduct research, study, and documentation on issues relating to women’s rights.

viii Liaise with other commissions and organizations working towards the protection and promotion of women’s rights.

ix Create awareness amongst women regarding their rights and the available mechanisms for their protection.

x Perform any other functions that may be necessary for the protection and promotion of women’s rights.

National Commission for Scheduled Castes (NCSC)

This commission was established by the National Commission for Scheduled Castes Act, 2003. It comprises of a chairperson, a vice-chairperson, and three members. The members must belong to Scheduled Castes.

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

i Investigate and monitor all matters relating to the safeguards provided for Scheduled Castes under the constitution or any other law.

ii Inquire into specific complaints relating to the deprivation of rights and safeguards of Scheduled Castes.

iii Advise the government on matters relating to the protection and promotion of the rights of Scheduled Castes.

iv Monitor the implementation of policies and programs for the welfare of Scheduled Castes.

v Take up cases of atrocities committed against Scheduled Castes and recommend appropriate remedial measures.

vi Conduct studies, research, and documentation on issues relating to the welfare of Scheduled Castes.

vii Create awareness amongst Scheduled Castes regarding their rights and the available mechanisms for their protection.

viii Perform any other functions that may be necessary for the protection and promotion of the rights of Scheduled Castes.

Conclusion

Commissions such as the State Human Rights Commission, National Commission for Women, and National Commission for Scheduled Castes play a crucial role in the protection and promotion of the rights of vulnerable sections of society. They investigate complaints, monitor the implementation of policies and programs, and make recommendations to the government for the protection of their rights. These commissions also create awareness amongst people regarding their rights and the available mechanisms for their protection. It is essential that these commissions are empowered and given adequate resources to carry out their functions effectively.

In conclusion, commissions such as the State Human Rights Commission, National Commission for Women, and National Commission for Scheduled Castes play a crucial role in the protection and promotion of the rights of vulnerable sections of society. They investigate complaints, monitor the implementation of policies and programs, and make recommendations to the government for the protection of their rights. These commissions also create awareness amongst people regarding their rights and the available mechanisms for their protection. It is essential that these commissions are empowered and given adequate resources to carry out their functions effectively. The government should also ensure their independence and impartiality to ensure that they can carry out their duties effectively.

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