00181271

open access

Version of Record

ケンキュウ ノート インド ノ コッカ ジンケン イインカイ ノ セイド ト キノウ

<Short papers>System and Functions of the National Human Rights Commission in India

Japanese (日本語)

国際協力論集

6(1)

151-163

神戸大学大学院国際協力研究科

1998-06

2007-05-22

In lndia the Human Rights Commission Bill was introduced in the Lok Sabha on 14 May 1993 and referred to the Parliamentary Standing Committee on Home Affairs on 30 July. However， because the powers and functions of the proposed Commission， as contained in that Bill ， were extensively criticized in the Parliament， the Protection of Human Rights Ordinance was promulgated on 28 September. The National Human Rights Commission (NHRC) was initially constituted on 12 October 1993 under this Ordinance. On 7 December， the earlier Bill ， viz. the Human Rights Commission Bill was withdrawn by leave of the House. Then the Protection of Human Rights Bill ， 1993 was introduced in the Lok Sabha on 9 December 1993， seeking to replace the Protection of Human Rights Ordinance， 1993. The Bill was passed by the Lok Sabha and the Rajya Sabha， respectively， on 18 and 22 December 1993. It received President's assent on 8 January 1994. This paper in Part One surveys the system of the NHRC through the following relevant provisions in the Protection of Human Rights Act， 1993 (Act 10 of 1994.) We examine the following provisions; Constitution of a National Human Rights Commission (section 3); Appointment of a Chairperson and other Members (sec. 4); Term of office of Members (sec. 6); Officers and other staff of the Commission (sec. 11); Functions of the Commission (sec. 12); Powers relating to inquiries (sec. 13); Investigation (sec. 14); Statement made by persons to the Commission (sec. 15); Persons likely to be prejudicially affected to be heard (sec. 16); Inquiry into complaints (sec. 17); Steps after inquiry (sec. 18); Procedure with respect to armed forces (sec. 19); Annual and special reports of the Commission (sec. 20). Part Two of this paper focuses on the early activities of the NHRC by using the Annual Report 1993-94 (from October 1993 to March 1994). We examine the following chapters; Conceptual Approach of the Commission; Inquiry into Complaints; Improving Jail Conditions; Review of Existing Laws， Implementation of Treaties and other International Instruments on Human Rights; Pro-motion of Human Rights Literacy; Non-Governmental Organisations. This paper finally evaluates the functions of the Commission by refering to the concluding observations. The Commission is of the veiw that the creation of the Commission has been considered a major developmant both at home and abroad signifying the earnestness of India to promote and protect the human rights of all of its citizens. The reponsibilities entrusted to the Commission are vast， the scope of its powers is considerable by any reasonable standard of assessment. In the opinion of the Commission， the Statute provides a firm basis from which to launch its manifold activities ， build its capabilities and begin to have a beneficial impact on the human rights situation in the country.

紀要論文