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Annual Report - National Human Rights Commission

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State <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong>s<br />

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○<br />

“The <strong>National</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong> and the State <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong>s present<br />

hereby unanimously resolve to urge the State Governments to:-<br />

a) Setup, on priority, State <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong>s where the same do not exist.<br />

b) Where, there are State <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong>s or, are in the process of being setup,<br />

it be ensured that they are structurally and financially independent as envisaged in and,<br />

fully confirming to, the principles relating to the status of national institutions (the “Paris<br />

Principles’) which were endorsed by the UN General Assembly Resolution 48/134<br />

of 20-12-1993.<br />

The <strong>National</strong> and State <strong>Commission</strong>s also reiterate and remind the Governments, both,<br />

at the Centre and in the States, that the primary obligation towards the protection of human rights<br />

is that of the State and that the national human rights institutions are for ‘better protection<br />

of human rights’.<br />

16.4 The <strong>Commission</strong> places great importance to these interactions especially keeping in<br />

view the social, cultural and linguistic diversity that comprises our society. Institutionalizing<br />

the mechanism of these annual interactions is one way the <strong>Commission</strong> hopes to keep up<br />

the process of dialogue. It is thus, all the more important that all the states expeditiously<br />

set up human rights <strong>Commission</strong>s.<br />

16.5 The <strong>Commission</strong> has always endeavoured to share information and expertise with SHRCs.<br />

The <strong>Commission</strong> has developed an Internet based Complaint Management System (CMS), by<br />

which it is possible for a complainant to track the progress of his complaint lodged with the<br />

<strong>Commission</strong> through the internet. The <strong>Commission</strong> has been privileged to share its expertise,<br />

during the year with the State <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong> of Maharashtra and Rajasthan.<br />

16.6 It has been more than 12 years since the Protection of <strong>Human</strong> <strong>Rights</strong> Act, 1993, came into<br />

force. The <strong>Commission</strong> has been deeply concerned towards the non-fulfillment of the promise<br />

of Section 30 of the Protection of <strong>Human</strong> <strong>Rights</strong> Act, 1993, which provides for speedy trial of<br />

offences arising out of violation of human rights by designating, in each district, a Court of<br />

Session to be a <strong>Human</strong> <strong>Rights</strong> Court to try the offences. It is a matter of great regret that even<br />

after so many years, there has been lack of clarity as to what offences, precisely, can be classified<br />

as human rights offences. For its part, the <strong>Commission</strong> has proposed a precise amendment to<br />

Section 30 of the Act, which may be seen in Annexure-I of the annual report for 2001-02.<br />

184<br />

<strong>National</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong> <strong>Annual</strong> <strong>Report</strong> - 2004-2005<br />

AR-Chapter-1-19-10-6-06.p65<br />

204<br />

7/17/06, 6:30 PM

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