Punjab State Human Rights Commission _----------all about it

Constitution

The decision to set up the Punjab State Human Rights Commission was taken vide notification by the State Government on 17th March 1997 under the Protection of Human Rights Act 1993 No 10 of 1994. The Commission started functioning on 16th July 1997. Section 21 (2) of the Act makes provision for constitution of State Human Rights Commission consisting of: 1.      A Chairperson who has been a Chief Justice of a High Court  2.      One Member who is, or has been a Judge of the High Court  3.      One Member who is, or has been a District Judge in the State  4.      Two Members to be appointed from amongst person having knowledge of, or practical experience in matters relating to human rights In accordance with Section 22 of the Act, the Chairperson and Members of the State Commission are appointed by the Governor on the basis of the recommendations made by a committee consisting of the Chief Minister as the Chairperson, Speaker of the Legislative Assembly, Minister in charge of the Department of Home in the State and Leader of the Opposition in the Legislative Assembly. Keeping in view the provisions of Section 21 of the Act, the Government of Punjab set up the Punjab State Human Rights Commission through Notification date 17th March 1997. Section 27 (1) of the Act makers provision for Secretary and the Chief Investigation Officer of the Commission and enjoins upon the State Government to make available to the commission:- 1.      An officer not below the rank of Secretary to the State Government who shall be the Secretary of the State Commission; and  2.      Such police and investigative staff under an officer not below the rank of an Inspector General of Police Section 27 (2) of the Act provides for the appointment of such other administrative, technical and other staff. _____________________________________________________ The work of the Commission is carried out through three wings:   ADMINISTRATIVE WING COMPOSITION The Administrative Wing is headed by the principal Secretary who is also the Chief Executive Officer of the Commission. The Administrative Wing is has been further subdivided into an Accounts Section and an Administrative Section Computer Section headed by the Deputy controller Finance and Accounts, Deputy-Secretary and System Manager respectively. The Deputy Controller Finance and Accounts (DCFA) manages the accounting and financial functions of the Commission. There is a Section Officer directly under the DCFA, who is further assisted by an Auditor, a Junior Auditor and a Cashier. The Deputy-Secretary of the Commission is in-charge of the Administration Section and is assisted by the Administrative officer cum Superintendent who exercises supervision over the Establishment Assistant, Librarian, Dispatch Clerk, Receptionist and Senior Assistant Housekeeping, who is further assisted by a Caretaker Clerk. The System Manager of the Commission is in-charge of the Computer Section and is assisted by Computer Programmer, IT Assistant and Data Entry operator's etc. FUNCTIONS The Administrative Wing is responsible for overall administrative tasks and day to day running of the Commission. A number of tasks are performed by the Administrative Wing and may be classified under the following sub heads: SERVICE MATTERS-All administrative matters pertaining to the Chairperson, Members and other staff, which includes payment of salaries, increments, release of gratuity allowances, medical reimbursements, conditions of service, leave appointments, etc. are handled by the Administrative Wing. ACCOUNTING-Preparation of Annual and Quarterly budgets, maintenance of accounts, disbursal of funds for works and purchases of the Commission, maintenance of financial records come within the purview of the Administrative Wing. INFRA-STRUCTURAL FUNCTIONS- the administrative wings is responsible for the premises of the commission, etc. The administrative wing is responsible for arranging transport to the members and other officials of the commission, hence is in charge of purchase and maintenance of vehicles. FUNCTION IN RELATION TO PROJECTS ETC- all projects, seminars, workshops, etc., that the commission undertake are supported and financed by the administrative wing. Reception, hospitality and other functions relating to dignitaries who visit the commission are performed by the administrative wing. MANAGEMENT OF COMPUTER INFRA-STRUCTURE- the Computer Section is responsible of the creating, updating and  maintaining of all computer related infra-structure of the Commission including LAN, WAN, Website, Database, Software, and Computer Hardware. JUDICIAL WING The commission is headed by the Chairperson and four other members. The chair-person and four members from the adjudicating body of the Commission and undertake scrutiny of complaint and issue direction/recommendations for compliance by the State Government, other agencies or statutory bodies. PROCEDURE-A complaint may be brought to the notice of the Commission either by the victim or anyone on her/his behalf. A complaint may be brought in person or sent by post depending on the will of the complainant. In some cases where the Commission feels that a violation of human rights has taken place suo-moto notice may be taken. All complaints are received by the Central Diarist who then forwards the complaints to the Judicial Wing. The Judicial Wing after serializing the complaint brings it to the notice of the Chairperson who may further allocate the case to any Member including him/herself or to the appropriate Bench of the Commission as per regulations framed by the Commission which came into effect on 1st March 1999. Ordinarily the complaint are examined in the first instance by a Single Bench, except which are involving vital or complex issues and such complaints may be listed before a Division Bench. All custodial death, custodial torture, custodial rape, illegal detention complaints shall normally be heard by a Division Bench of the state Commission, while the cases of other types shall go to Single Benches unless otherwise required by the Chairperson keeping in view the nature of a particular case. The Single or Division Bench,. as the case may be, may recommend the placing of a particular case before a Full Bench of the State Commission or before the Full Commission itself. COMPOSITION Though the Judicial Wing is headed by Registrar and is been assisted by Joint Registrar. He is assisted by the Superintendent Judicial Wing who is further assisted by the Assistant In-charge Branch, who has five Senior Assistants; one for each Member for maintenance of records and action taken reports of various complaints that are brought before the Commission. There is also a Miscellaneous Assistant to handle matters various matters, such as looking after the record room and paper-work of the Judicial Wing. Two translators have also been provided to the Judicial Wing for translating the complaints to English from the vernacular language or the national language for the convenience of the Chairperson and the Members. FUNCTIONS The Judicial Wing is responsible for maintaining files and records of the various cases that are adjudicated by the Commission. Whenever an order is issued by the Commission, the Judicial Wing communicates the same to the authority concerned. All action-taken reports are also received by the Judicial Wing and forwarded to the Chairperson and Members of the Commission. The Judicial Wing also prepares the roster of cases that are to be put up before the Chairperson and Members of the Commission. INVESTIGATION WING COMPOSITION The Investigation Wing of the commission is headed by the ADGP of the Commission who is the chief investigating officer. The ADGP has six personnel as part of Personal Staff Section. This Section assists the ADGP in typing reports, correspondence, maintaining records of investigations and in projects entrusted to the ADGP. Two officers of the rank of Inspector and one Sub-Inspector are on deputation to the Commission as investigating officers. The Inspectors have been given a Constable reader each to provide assistance in investigations. FUNCTIONING The main responsibility of the Investigation Wing is to carry out investigations into complaints that are assigned to it by the Chairperson, the Member/Bench may choose to order for a report by the State through the Inspector General Litigation of the Police Department or may ask the in charge of the department concerned to finish a report. However if it is a delicate issue of if the complaint is dissatisfied with the report of the State, the complaint may be got investigated by the Investigative Wing of the Commission. The Investigation Wing on completing its investigation submits its report to the Member/Bench, who then decides what further action is required to be taken in the case. Normally complainants come to the office of the Commission themselves to record their statement, however in special cases where the complainant is old, unwell or otherwise unable to come, the investigating team may visit her/his residence to record the testimony. The Investigation Team makes field visits during the course of its investigations in cases where it is so warranted. The Investigation Wing provides a forum for independent and impartial inquiry into the grievance of the complainant. MATTERS COVERED IN THE JURISDICTION OF THE COMMISSION  All rights relating to the life, liberty equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India. MATTERS NOT COVERED IN THE JURISDICTION OF THE COMMISSION 1. Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed. 2. Commission shall not inquire into any matter which is pending before any other commission duly constituted under law. For the time being in force. 3. Matters which are vague or anonymous 4. Matters of frivolous or trivial nature 5. Personal matters like disputes between landlord and tenant, conjugal disputes, disputes relating to property inheritance, partitions etc. 6. Violation of human rights by members of Central Armed Forces (they may be looked into by the National Human Rights Commission under section 19 of the Act) 7. When allegations are not against any public servant of the State Government. 8. When allegations do not make out any specific violation of human rights. 9. When matter is covered by a judicial verdict/decision of the state Commission 10. When the matter is outside the purview of the State Commission on any other ground. _________________________________________________ HOW DOES THE COMMISSION ENQUIRE INTO COMPLAINTS? The Commission while enquiring into complaints violation of human rights may call for information or report from the State Government or any other authority or organisation subordinate thereto within a specified period of time. If the information or report is not received within the time stipulated by the Commission or if the Commission is not satisfied by the information or report, it may enquire into the complaint on its own. On the other hand, if the Commission is satisfied that no further enquiry is required or that action has been initiated or taken by the State Government or the concerned authority, it may dispose the complaint without issuing directions and inform the complainant accordingly. STEPS OPEN TO THE COMMISSION AFTER ENQUIRY The Commission may take the following steps enumerated in Section 18 of the Act upon completion of the enquiry: 1.      Where the enquiry discloses any violation of human rights or negligence by a public servant, the Commission may recommend to the State Government or concerned authority, the initiation of proceedings for prosecution or such other action as it may deem fit against the concerned person/s.    2.      Approach the Supreme Court or the High Court concerned for such directions, orders or writs as it may deem fit.   3.      Recommend to the State Government or concerned authority for grant of interim relief/compensation to the victim or his/her family.   4.      Publish its enquiry report together with the comments of the State Government or authority, if any, and the action taken or proposed to be taken by the concerned government or authority on the recommendation of the Commission.   5.      Send a copy of its enquiry report together with its recommendations to the State Government or authority concerned for forwarding its comments on the report including the action taken or proposed to be taken thereon to the Commission.   6.       Publish its report together with the comments of the State government or authority, if any, and the action taken or proposed to be taken by the State Government or authority on the recommendation.