5B Human Rights Violations - Complaint Mechanism

Given: The question asks about any one power or function of the National Human Rights Commission (NHRC).

Concept: The NHRC was established under the Protection of Human Rights Act, 1993. It is the apex body for the protection and promotion of human rights in India.

Answer:

One important power/function of the National Human Rights Commission is:

Power to Investigate Complaints of Human Rights Violations:
The NHRC has the power to inquire, suo motu (on its own motion) or on a petition presented to it by a victim or any person on his behalf, into complaints of violation of human rights or abetment thereof, or negligence in the prevention of such violations by a public servant.

During such inquiry, the Commission has all the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908, including:
- Summoning and enforcing the attendance of witnesses.
- Discovery and production of any document.
- Receiving evidence on affidavits.
- Requisitioning any public record or copy thereof from any court or office.

Upon completion of inquiry, if the Commission finds a violation, it may recommend payment of compensation to the victim, initiation of proceedings against the guilty party, or any other appropriate relief.

Conclusion: Thus, the NHRC acts as a powerful watchdog body that can investigate human rights violations and recommend remedies, making it a crucial institution for the protection of human rights in India.

Given: The question asks about the minorities whose interests the National Commission for Minorities (NCM) is set up to protect.

Concept: The National Commission for Minorities was established under the National Commission for Minorities Act, 1992. The term 'minority' under this Act refers to communities notified as minorities by the Central Government.

Answer:

The Central Government has notified the following communities as minority communities under Section 2(c) of the National Commission for Minorities Act, 1992:

1. Muslims
2. Christians
3. Sikhs
4. Buddhists
5. Zoroastrians (Parsis)
6. Jains (notified in 2014)

The National Commission for Minorities is mandated to safeguard the interests of these six minority communities by:
- Evaluating the progress of the development of minorities under the Union and States.
- Monitoring the working of the safeguards provided in the Constitution and in laws enacted by Parliament and State Legislatures.
- Looking into specific complaints regarding deprivation of rights and safeguards of minorities.

Conclusion: Therefore, the NCM protects the interests of the above six notified religious minority communities in India, ensuring that their constitutional and legal rights are upheld.

Given: Ms. Bagchee is a Jewish woman. She has married outside her community and is disallowed from performing certain religious customs. She wishes to file a complaint before the National Commission for Minorities (NCM).

Issue: Whether her complaint can be entertained by the NCM, and what could be the grounds of disqualification.

Concept: The National Commission for Minorities Act, 1992 provides for the establishment of the NCM to protect the interests of notified minority communities. However, the NCM can only entertain complaints that fall within its jurisdiction.

Analysis and Grounds of Disqualification:

1. Jews are not a notified minority community:
The most significant ground of disqualification is that the Jewish community has NOT been notified as a minority community under Section 2(c) of the National Commission for Minorities Act, 1992. The six notified minorities are Muslims, Christians, Sikhs, Buddhists, Zoroastrians, and Jains. Since Jews are not among the notified minorities, the NCM does not have jurisdiction to entertain her complaint.

2. Nature of the complaint — internal religious matter:
The restriction on performing religious customs due to inter-community marriage may be considered an internal religious practice of the Jewish community. The NCM generally deals with complaints relating to deprivation of rights and safeguards guaranteed under the Constitution or laws, not internal community/religious customs.

3. Outside the purview of the Commission:
Since the matter relates to a personal/religious practice within a non-notified community, it falls outside the purview of the Commission.

Conclusion: Ms. Bagchee's complaint is most likely to be disqualified primarily because the Jewish community is not a notified minority under the NCM Act, 1992, and therefore the Commission lacks jurisdiction to entertain her complaint.

Given: Ms. Nisha Joseph is a Christian (a member of a notified minority community). Her services have been terminated by a school managed by a State-run non-governmental organization without any substantial reasons.

Concept: Christians are a notified minority community under the National Commission for Minorities Act, 1992. The NCM has the power to look into complaints of deprivation of rights and safeguards of minorities.

Remedy Available:

1. Complaint to the National Commission for Minorities (NCM):
Ms. Nisha Joseph can file a complaint before the National Commission for Minorities as:
- She belongs to the Christian community, which is a notified minority.
- Her termination without substantial reasons may amount to discrimination on the basis of her minority status.
- The NCM has the power to investigate complaints of violation of rights of minorities and recommend appropriate relief.

2. Approach the National Human Rights Commission (NHRC):
If the termination involves violation of her fundamental rights (e.g., Right to Equality under Article 14, Right against Discrimination under Article 15, or Right to Practice Religion under Article 25), she can also approach the NHRC.

3. Writ Petition before High Court/Supreme Court:
Since the school is managed by a State-run organization, it qualifies as a 'State' under Article 12 of the Constitution. Ms. Joseph can file a Writ Petition under Article 226 before the High Court or Article 32 before the Supreme Court for violation of her Fundamental Rights.

4. Labour/Service Law Remedies:
She may also approach the appropriate Labour Court or Industrial Tribunal for wrongful termination under labour laws.

Conclusion: The most appropriate and direct remedy for Ms. Nisha Joseph is to file a complaint before the National Commission for Minorities, which can investigate the matter and recommend reinstatement or compensation. She may also simultaneously pursue constitutional remedies through the High Court.

Given: Smt. Savitri's daughter is deaf and dumb (a person with disability). She has been abandoned by her husband and in-laws allegedly due to her disabilities. Smt. Savitri seeks redressal.

Forum to Approach:

Smt. Savitri can approach the Chief Commissioner for Persons with Disabilities (established under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995) or the State Commissioner for Persons with Disabilities for redressal of grievances related to disability-based discrimination and exploitation.

Additionally, she may also approach the National Human Rights Commission (NHRC) if there is a violation of human rights.

Powers and Functions of the Chief Commissioner/State Commissioner for Persons with Disabilities:

1. Coordination: To coordinate the work of all departments of Government and other organizations dealing with matters relating to persons with disabilities.

2. Monitor Legislation: To monitor the utilization of funds disbursed by the Central Government for the benefit of persons with disabilities.

3. Redressal of Grievances: To look into complaints with respect to matters relating to deprivation of rights of persons with disabilities and take up the matter with the appropriate authorities.

4. Review of Safeguards: To review the safeguards provided under the Act and other laws for the protection of rights of persons with disabilities and recommend measures for their effective implementation.

5. Research and Awareness: To take steps to spread literacy and awareness among persons with disabilities regarding their rights.

6. Suo Motu Action: To take suo motu cognizance of matters relating to deprivation of rights of persons with disabilities.

Powers (quasi-judicial):
- The Commissioner has the powers of a Civil Court in respect of summoning and examining witnesses, requiring discovery and production of documents, and receiving evidence on affidavits.

Conclusion: Smt. Savitri should approach the Chief Commissioner/State Commissioner for Persons with Disabilities who can investigate the exploitation faced by her daughter and recommend appropriate relief, including action against those responsible for abandonment and discrimination on grounds of disability.

Given: The question asks about the rationale behind the creation of the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST).

Answer:

Historical Background:
Originally, a single body — the National Commission for Scheduled Castes and Scheduled Tribes — was established under Article 338 of the Constitution to safeguard the interests of both Scheduled Castes (SCs) and Scheduled Tribes (STs). However, recognizing the distinct needs and issues of these two groups, the 89th Constitutional Amendment Act, 2003 bifurcated this into two separate commissions.

Reasons for Creation:

1. Historical Discrimination and Marginalization:
Scheduled Castes and Scheduled Tribes have historically been subjected to severe social, economic, and educational discrimination. The commissions were created to ensure that the constitutional safeguards provided to them are effectively implemented.

2. Constitutional Mandate:
- The NCSC was established under Article 338 of the Constitution.
- The NCST was established under Article 338-A of the Constitution (inserted by the 89th Amendment, 2003).
Both articles mandate the creation of these commissions to protect the rights and interests of SCs and STs respectively.

3. Distinct Issues of STs:
Scheduled Tribes face unique issues such as displacement due to development projects, loss of forest rights, and distinct cultural identity concerns, which required a separate body with focused attention.

4. Monitoring of Safeguards:
The commissions were created to:
- Monitor the working of safeguards provided under the Constitution and other laws.
- Inquire into specific complaints of deprivation of rights.
- Participate and advise in the planning process for socio-economic development of SCs and STs.
- Report to the President on the working of these safeguards.

5. Prevention of Atrocities:
To ensure effective implementation of laws like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and to investigate complaints of atrocities against these communities.

Conclusion: The NCSC and NCST were created to provide dedicated institutional mechanisms to protect the constitutional rights of historically marginalized communities, monitor the implementation of safeguards, and ensure their socio-economic development and dignity.

Given:
- Ravi is a member of a Scheduled Caste employed under the Central Government.
- He has a dispute regarding promotion in his department.
- He has already moved the Central Administrative Tribunal (CAT) and the matter is pending there.
- He now moves to the National Commission for Scheduled Castes (NCSC) seeking speedier redressal.

Issue: Whether the NCSC will entertain Ravi's complaint.

Decision:

No, the NCSC will NOT entertain Ravi's complaint.

The primary reason is that the matter is already pending before the Central Administrative Tribunal, which is a duly constituted legal tribunal. One of the well-established grounds for rejection of a complaint by the NCSC is that the matter should not be pending before any other commission or sub-judice before any court or tribunal.

Since Ravi's promotion matter is already sub-judice before the CAT, the NCSC lacks jurisdiction to entertain the same complaint. The NCSC cannot act as a parallel forum when a legal remedy is already being pursued before a competent tribunal.

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Grounds on which the NCSC can Reject a Complaint:

The National Commission for Scheduled Castes may reject a complaint on the following grounds:

1. Anonymous Complaint: The complaint is anonymous, i.e., the complainant has not disclosed his/her identity.

2. Trivial, Frivolous, or Vexatious: The complaint is trivial in nature, frivolous, or has been filed with vexatious intent without any genuine grievance.

3. Time-Barred: The complaint relates to a matter that occurred more than one year before the date of filing, unless the Commission considers it fit to entertain the complaint in the interest of justice.

4. Sub-Judice / Pending before another Forum: The matter is already pending before any other commission duly constituted under law, or is sub-judice before a court or tribunal (as in Ravi's case).

5. Already Decided by the Commission: The matter has already been decided by the Commission in a previous complaint.

6. Outside the Purview of the Commission: The complaint falls outside the jurisdiction or purview of the Commission on any other grounds, i.e., it does not relate to the rights and safeguards of Scheduled Castes.

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Conclusion: Ravi's complaint will be rejected by the NCSC on the ground that the matter is already sub-judice before the Central Administrative Tribunal. He must either wait for the CAT to decide the matter or withdraw the case from CAT before approaching the NCSC.