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About the Maharashtra State Human Rights Commission
What
are the Human Rights ?
How
we can help you ?
How can a complaint be made
to the Commission ?
What
you should include in your complaint ?
What kind of Complaints are not entertained by the Commission
?
How
we deal with your complaints ?
Commission's
powers relating to inquiries
Area
of work of the Commission
ABOUT THE MAHARASHTRA
STATE HUMAN RIGHTS COMMISSION
The Maharashtra State Human Rights Commission (MSHRC) was established
on 6 March 2001. The Commission in its full strength will have
a Chairperson and four Members.
The MSHRC promotes respect for human rights. It uses education,
information and publicity to promote, protect and enforce human
rights.
It also helps people to resolve situations where there might have
been infringement by public servants of fundamental rights enshrined
in the Constitution of India.
If people are unable to resolve complaints themselves and if the
complaints are found to be within the Commission’s jurisdiction,
the Commission can provide investigation and redress into such
complaints.
The State Human Rights Commission is a statutory autonomous body
that administers the Protection of Human Rights Act, 1993. The
Act is intended to help ensure that all people in India are treated
fairly.
The Commission has the power
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To
inquire, suo motu or on a petition presented to it by a
victim or any person on his behalf, into complaint of-
(i) violation of human rights or abetment thereof; or
(ii) negligence in the prevention of such violation, by
a public servant; |
| • |
To intervene in any proceeding
involving any allegation of violation of human rights pending
before a court with the approval of such court |
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To visit, under intimation
to the State Government, any jail or any other institution
under the control of the State Government, where persons
are detained or lodged for purposes of treatment, reformation
or protection to study the living conditions of the inmates
and make recommendations thereon; |
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To review the safeguards
provided by or under the Constitution or any law for the
time being in force for the protection of human rights and
recommend measures for their effective implementation; |
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To review the factors,
including acts of terrorism that inhibit the enjoyment of
human rights and recommend appropriate remedial measures; |
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To undertake and promote
research in the field of human rights; |
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To spread human rights
literacy among various sections of society and promote awareness
of the safeguards available for the protection of these
rights through publications, the media, seminars and other
available means; |
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To encourage the efforts
of non-governmental organisations and institutions working
in the field of human rights; |
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Such other functions as
it may consider necessary for the promotion of human rights. |
WHAT ARE
THE HUMAN RIGHTS ?
Human rights inhere in every human being by virtue of being a
person. Human rights are based on mankind’s increasing demand
for a decent civilized life in which the inherent dignity of each
human being is well respected and protected.
Human rights are fundamental to our existence without which we
cannot live as human beings.
The basic human rights might be called “sacrosanct rights”
from which no derogation can be permitted in a civilized society.
The bare necessities, the minimum and basic requirements are the
core of human rights concept. Human rights are universal and cut
across all national boundaries and political frontiers.
Definition of Human Rights in the Protection
of Human Rights Act, 1993
Human Rights
means the rights relating to life, liberty, equality and dignity
of the individual guaranteed by the Constitution or embodied in
the International Covenants and enforceable by courts in India.
International Covenants have been defined in the Act to mean the
International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights adopted by the
General Assembly of the United Nations on the 16th December 1966.
HOW WE CAN HELP YOU ?
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We can provide you with information
of your rights. |
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We can help you in case you have a complaint
against a public servant with regard to the violation of rights.
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HOW CAN
A COMPLAINT BE MADE TO THE COMMISSION ?
Any victim of human rights violation
or any other person on his behalf, in person or by post, can make
a complaint to the Commission.
The Commission is located at 9, Hajarimal Somani Marg. It is about
200 metres from the Chhatrapati Shivaji Terminus (Formerly VT).
You or your representative can come to the Commission and meet
the Registrar or the Secretary, and handover your complaint or
any other document.
You can also send your complaint
by post or by fax to:
Maharashtra State Human Rights Commission
9 Hajarimal Somani Marg,
Chhatrapati Shivaji Terminus (Formerly VT),
Mumbai - 400 001
Fax : 022-22091804
The Complaint may be written in Marathi, Hindi, English or Gujarathi.
No fee is charged on complaint. No court fee stamps are required.
WHAT YOU SHOULD INCLUDE IN YOUR COMPLAINT ?
Your complaint should contain the following details:
1. |
Name |
2. |
Postal Address |
3. |
Place of incidence |
4. |
Date / period of incidence |
5. |
Details of human rights violation |
6. |
Complaint against which public servant / department |
7. |
Whether matter is pending before a Court / Tribunal / other
Commission |
8. |
Relief prayed for |
On receipt of your complaint the Commission
may ask for further information and affidavits to be filed in
support of allegations whenever considered necessary.
We
assure you a patient hearing.
WHAT KINDS OF COMPLAINTS
ARE NOT ENTERTAINED BY THE COMMISSION ?
Complaints of the following nature are not
entertained by the Commission
| (a) |
vague,
anonymous, pseudonymous, illegible, trivial or frivolous |
| (b) |
matter pending before
National Human Rights Commission and any other Commission
or Court |
| (c) |
relate to incidents
more than one year old |
| (d) |
allegations are
not against any public servant |
| (e) |
allegations do not
make out any specific violation of human rights |
| (f) |
where the complaint
is not addressed to the Commission |
| (g) |
matter is outside
the purview of the Commission i.e. matters falling under
the Union List in the Seventh Schedule to the Constitution |
HOW WE DEAL
WITH YOUR COMPLAINTS
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All complaints received
are registered and a case number is given. |
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After initial scrutiny a complaint
is sent to a Member of the Commission who decides whether
it is within the jurisdiction of the Commission or not.
If the complaint is not within the jurisdiction of the Commission,
as provided under the Protection of Human Rights Act, 1993,
the complainant is informed accordingly. |
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If the complaint falls within the jurisdiction
of the Commission, it is taken up for further inquiry. For
this, in the first instance a report is called from the
concerned public servant or his immediate superior. If the
report received explains satisfactorily, the circumstances
of the case and there is no genuine complaint, the complaint
is filed after informing the complainant. |
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In some cases there would be further
investigation under the guidance of the Special Inspector
General of Police of the Commission. |
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Affidavit is called for from the complainant
and counter affidavit from the public servant against whom
a complaint is made. |
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Thereafter, if necessary, oral and
documentary evidence would be taken. |
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Again, if necessary, both the complainant
and public servant concerned would be personally heard.
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After all these stages are over the
Commission would give a final decision. |
The decision of the Commission
after inquiry could be any one of the following:
| (i) |
No further
action needed as the complainant ceases to have any further
complaint against public servant concerned or meanwhile
satisfactory steps have been taken by the public servant;
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| (ii) |
Recommend to the
concerned Government or authority for taking specific action
within a specified time limit; |
| (iii) |
Recommend to the
concerned Government or authority for immediate interim
relief; and |
| (iv) |
Recommend initiation
of proceedings for prosecution or disciplinary action against
the concerned public servant. |
COMMISSION'S
POWERS RELATING TO INQUIRIES
The Commission has all the powers
of a Civil Court trying a suit under the Code of Civil Procedure,
1908. These include -
| (a) |
summoning and enforcing the attendance of witnesses
and examining them on oath, |
| (b) |
discovery and production of any document, |
| (c) |
receiving evidence on affidavits, |
| (d) |
requisitioning any public record or copy thereof from any
court or office, |
| (e) |
issuing commissions for the examination of witnesses or
documents, |
| (f) |
any other matter which may be prescribed. |
AREA OF WORK OF THE COMMISSION
Keeping in view its wide ranging
responsibilities and the expectations of the people of the State,
the Commission may take up the following activities:
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Steps to check custodial violence, rape, torture
and deaths. |
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Systemic reforms in police custody, prisons and other centers
of detention, |
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Elimination of bonded labour and child labour, |
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Human rights of persons affected by HIV/AIDs |
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Public health as a human rights issue |
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Rights of the vulnerable groups
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women, children, minorities, SC/ST/DT/NT,
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those affected by major disasters,
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disabled people |
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Promotion of human rights literacy and awareness among the
public servants and in society in general. |
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