Human rights in India

- Historical Context

• Historically, varied religious and social traditions as well as philosophical writings have recognized in
different ways and with diverse perspectives the inherent rules of being humans, particularly the principles
that ensure respect for human dignity. Such principles have commonly been understood as basic and
unalienable.

• The modern society, also, has recognized certain rules of respecting human dignity and their well-being
and formulated them in the form of human rights.
• Generally, the word 'rights' denote that these rules are entitlements or claims of all to be recognized and
protected through duties and obligations, and the State ensures that human rights of all are guaranteed.

• The modern concept of human rights emerged from the Western politics and philosophy.
• The English legal documents of Magna Carta of 1215 and The English Bill of Rights of 1689 are some of
the earliest examples of the human rights laws.

• The Magna Carta of 1215 was an agreement between the English King John and the barons who were
unhappy about the taxation policies of the Monarch. The Magna Carta included clauses in the form of
rights language; it granted the barons the right to legal trial and prevented their arrest or imprisonment or
outlawing or abuse or denial of ownership of property without legal trial.

• The English Bill of Rights of 1689 was an agreement between the Parliament and the King that prevented
the latter from abusing the Protestants.
• It included clauses that prohibited levying of money by the Crown, and provided right to petition the
King, right to fair trial, right against cruel and unusual punishments or excessive fines, and right to
parliamentary privileges (speech, vote, etc.) to the members of the Parliament.

• Besides these laws, the late 17 and18 century writings of manyWestern thinkers influenced the definition
of human rights like, John Locke, JeanJacques Rousseau, and Thomas Paine.

• Modern Constitutions of most democratic countries have recognized and adopted similar ideals of human
rights as guiding principles.

• The two earliest and influential examples are that of the United States of America and France.

• In 1776, when United States of America was formed as a new nation, it adopted the 1776 American
declaration of Independence which included in its preamble the human rights values and stated: ´We hold
these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with
certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

• Again in 1789, at the beginning of the French Revolution, the National Constituent Assembly of )rance
adopted the French declaration of the Rights of Man and of the Citizen, which, drawing upon the United
States ideals of human rights, laid the foundation of human rights principles still valid in the present
French Constitution.
• The French Declaration stated in its first two clauses: ´Men are born and remain free and equal in rights.
Social distinctions may be founded only upon the general good. The aim of all political association is the
preservation of the natural and imprescriptible rights of man.
• These rights are liberty, property, security, and resistance to oppression.
• These declarations recognize the inherent dignity and the equal and inalienable rights of human beings,
and they form the basis of achieving freedom, justice and peace in a modern democratic State.

International Human Rights

• In 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights
(UDHR) as ´a common standard of achievement for all peoples and nations.
• The Universal Declaration of Human Rights provides and defines the various kinds of human rights that are
applicable to all human beings.
• They include the fundamental civil, political, economic, social and cultural rights, for example freedom of
speech, assembly, conscience and religion; right to education; right to livelihood and decent standard of
living; right to life, liberty and security of person; right to equality; freedom from all forms of
discriminations including based on gender and race; and so on.
• The Declaration has been embraced by almost all member States of the United Nations to respect and
protect the basic human rights values provided therein.
• Pursuant to this Declaration, the United Nations adopted a series of international human rights laws on a
wide range of themes as well as those with regional specifics that bind signatory countries with
obligations and duties provided in these laws to protect and respect human rights.
• In order to operationalize these rights, many countries have incorporated them in their Constitutions and
other domestic legislations.
• The international human rights practice also provides for complaint mechanisms and procedures for
receiving complaints or communications ensuring that these rights are respected, protected,
implemented, and enforced within each party State.

- Constitutional Framework and Related Laws in India

Like in many other countries (e.g., US, South Africa, and so on), in India too human rights are rooted in the
Constitution. The Indian constitutional human rights framework involve the following parts ² 1) the
Preamble, 2) Part III of the Constitution containing the Fundamental Rights provisions, 3) Part IV offering the
Directive Principles and 4) Part IV(A) consisting of the Fundamental Duties.

The Preamble

• The Constitution of India begins with the Preamble affirming its aims, objectives, and the guiding
principles.
• The principles laid out in the Preamble are used for interpreting provisions of the Constitution that are
vague and ambiguous; Preamble is the 'basic structure' of the Constitution.
• In that, the doctrine of 'basic structure' takes away the amendment power of the Parliament with regards
to certain features of the Constitution such as democracy, rule of law, secularism, separation of powers
and judicial review.

The Preamble states as follows:

´WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST
SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERT, of thought, expression, belief, faith and worship;
EQUALITY, of status and of opportunity and to promote among them all;
FRATERNITY, assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty sixth day of November, 1949, do HEREBY ADOPT, ENACT
AND GIVE TO OURSELVES THIS CONSTITUTION.
 The Preamble proclaims the rights and freedoms, provisions of which are contained in the Constitution in
various parts and clauses aimed ´to secure to all its citizens those rights and freedoms.

Part III Fundamental Rights

Articles 12-35 in Part III of the Constitution contain the provisions on fundamental rights.

The salient features of fundamental rights are :

• They are enforceable by the higher courts in India.

• Article 32 provides the right to the aggrieved ones, whose fundamental rights have been violated or
denied, to petition the Supreme Court for the enforcement of fundamental rights.
• Article 13 elevates the authority of fundamental rights. It ensures that the State or other competent
authority do not make laws including ordinances, orders, bye laws, rules, regulations, notifications,
customs or usages that contradicts or takes away or breaches the fundamental rights.
• Fundamental rights are mostly enforceable against the State and in some cases against private persons.
An example of the former is the right to freedom of speech and expression; for the latter is the
prohibition of employment of children below the age of fourteen years in factories, mines, and in places
of hazardous activities.
• The term 'State' includes the Government, Parliament, State Legislatures, District Boards, Panchayats,
Municipalities, and other authorities or organizations that are an instrument or agency of the state like,
the Indian Oil Limited, Karnataka State Road Transportation Authority, Delhi Jal Board, and so on.
• Fundamental rights are largely civil and political rights and consist of the right to equality (Articles 14-18),
right to freedom (Arts. 19-22), right against exploitation (Arts. 24 and 25), right to freedom of religion
(Arts. 25-28), Cultural and Educational rights (Arts. 29-30), and right to constitutional remedies (Arts.
32-35).

Right to Equality

• Equality Principle -Article 14 provides to all the right to equality before law and equal protection of the
law. It prohibits discrimination on grounds of religion, race, caste, sex or place of birth .It means that law
treats everyone equally without consideration of their rank or status or other backgrounds.
• The principle of equality means that one uniform law cannot be applied to all equally as some may not be
similarly placed as others. So 'equality' treats equals similarly and unequals differently.

• Discrimination & access to public places - Article 15 is based on the equality principle. It prohibits State
from discriminating anyone based on grounds of religion, race, caste, sex or place of birth.
• Also, it prohibits anyone and the State from using these grounds to restrict any citizen from entering
shops, public restaurants, hotels and places of public entertainment; or the use of wells, tanks, bathing
ghats, roads and places of public resort.

• Reservation and affirmative action - Article 16 is also based on the equality principle of Article 14. It
provides for equality of opportunity in matters of public or State employment and bars any discrimination
to any citizen on grounds of religion, race, caste, sex, descent, place of birth, or residence.
• However, this article allows State to provide reservation or affirmative action programs for government
jobs to backward classes like Schedule Castes and Scheduled Tribes who because of historical and
continued disadvantages based on caste status and otherwise have not been adequately represented in
the services under the State.
• Abolition of untouchability - Under Article 17 ´Untouchability'' is abolished and its practice in any form is
forbidden. This article can be enforced against both the State as well as private individuals and the
offence is punishable in accordance with special laws like the Protection of Civil Rights Act, 1955 and the
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The abolition of untouchability
in article 17 is made operationalized by these two special laws that attempt to remove any form of
harassments and abuses to 'Dalits' and 'Adivasis' by the State or private individuals.

Right to Freedom

• Freedoms -Article 19 prescribes and protects the following kinds of freedoms to all citizens: a) Freedom
of speech and expression. b) Freedom to assemble peaceably and without arms. c) Freedom to form
associations or unions. d) Freedom to move freely throughout the territory of India. e) Freedom to reside
and settle in any part of the territory of India; and f) Freedom to practice any profession, or to carry on any
occupation, trade or business.

• Reasonable Restrictions ²-However, Article 19 also provides 'reasonable restrictions' on these freedoms,
which means that these rights are conditional. The State can 'reasonably' limit or take away the right to
'freedom of speech and expression' when there is a threat to the sovereignty and integrity of India, or the
security of the State, or friendly relations with foreign States, or public order, or decency or morality, or in
relation to contempt of court, or defamation or incitement to an offence. However, at times Supreme
Court can invalidate State's restrictions if it finds them to be unreasonable. As an instance, State cannot
put restriction as an excuse because it is unable to maintain public order, e.g., application of
aforementioned restrictions on the sale of a book because of a few unruly protesters; such restrictions are
unreasonable and breach the right to freedom of speech and expression of the author.

• Rights of persons accused of crimes -Article 20 provides for safeguards to persons who are accused of
having committed crimes.
• The rights of persons accused of crimes are
• firstly, article 20 provides that no person can be convicted for the commission or omission of an act that
does not amount to an offense by any law in force at the time of such act.
• Secondly, article 20 provides that any person who is convicted of a crime should not receive a penalty
greater than what is provided in the law in force at the time of the act of offence.
• Thirdly, it provides for another important right ² ´no person shall be prosecuted and punished for the
same offence more than once.µ This means that if someone commits an offence, that person should not
be harassed and punished repetitively (more than once) for the same offence.
• Fourthly, it states that ² ´no person accused of any offence shall be compelled to be a witness against
himself.µ This provision safeguards the accused's right against self-incrimination. An accused may give
information based on own knowledge if he or she chooses to, but cannot be forced to be self-witness
against himself or herself. Every accused has a right to fair trial.

• Right to life and personal liberty - Article 21 states as follows ´No person shall be deprived of his life or
personal liberty except according to procedure established by law.µ
• This article is most fundamental; it is expansive and covers many other rights and is applicable to both
the citizens as well as non-citizens.
• The meaning of 'right to life' includes right to human dignity, right to basic requirements of life, right to
participate in activities and expression, right to tradition, heritage, and culture, and so on.
• ’Personal liberty' means various rights that provide for personal liberty of a person, i.e., everyone has right
to do his or her will freely.
• The meaning of 'right to life and personal liberty' is broad and embraces many aspects including.
• The second part of the article describes how one's right to life and personal liberty be taken away.
• A person can be deprived of his or her 'right to life or personal liberty' only by procedure established by
law.
• This means that any law that limits or takes away one's right to life and personal liberty must contain a
procedure that is fair and reasonable and not arbitrary.
• For example, the Indian Penal Code prescribes death penalty for certain crimes. This involves established
procedures like, 1) death penalty is awarded only in 'rarest of rare' cases, and 2) there should not be delay
in executing the prisoner waiting in death row. Also, Indian Penal Code allows for appeal where the wait
period is longer than five years. Of course, it's a different debate whether 'death penalty' should be
abolished.

• Right to education -Article 21A states that³´The State shall provide free and compulsory education to all
children of the age of six to fourteen years in such manner as the State may, by law, determine.µ
• This article provides for right to education to all between the age of six and fourteen and obligates State
to implement this.
• Prior to 2002, the Indian Constitution considered elementary education for children between age six and
fourteen as a policy goal provision in the Directive Principles of State Policy;
• In 1992-93, however, the Supreme Court affirmed that depriving one from education amounts to
depriving one's right to life. This meant that elementary education was raised to the status of fundamental
right from that of a policy goal (directive principles) and hence enforceable.
• Accordingly, in 2002, Article 21A providing the right to elementary education was created as a
fundamental right. However, implementing this right requires State's financial and budgetary expenditures
of enormous amount to meet the demand of a high illiteracy rate, which so far has been inadequate.

• Protection against arrest and detention- Article 22 provides safeguards against of arrest and detention in
following ways: No one can be detained in custody without providing grounds for arrest.
• The arrested and detained person has a right to consult and to be defended by a legal practitioner of his
or her choice.
• A person who is arrested and detained in custody should be produced before the nearest magistrate
within a period of twenty-four hours.
• The travel time is not counted towards the twenty-four hours time frame. No such person can be detained
in custody beyond twenty-four hours without the authority of a magistrate.
• The above safeguards do not apply to a person from an enemy country. Also, they do not apply to
persons arrested or detained under preventive detention laws. Generally, preventive detention laws allows
for detaining persons on suspicion who have not been found guilty of any crime but their release may be
detrimental to society like, they may commit more crimes if released or affect adversely investigations by
State or they are mentally ill and so on.
• However, preventive detention laws can be misused resulting in violations of human rights of the person
detained. For example, the Maintenance of Internal Security Act of 1971 was enacted during the Indira
Gandhi administration, popularly known as ´emergencyµ, and many political opponents were detained
without safeguards again starrest and detention and other human rights.

Right against exploitation

• Prohibition of traffic in human beings and forced labor -Article 23 prohibits human trafficking, beggar and
forced labor.

• Prohibition of employment of children in factories, etc. -Article 24 prohibits employment of children below
the age of fourteen years in factories, mining, and other hazardous employment.

Right to Freedom of Religion

• Freedom of conscience and free profession, practice and propagation of religion -Under article 25, all
persons have the right to freedom of conscience, and freedom to profess, practice and propagate religion
as long as their acts do not threaten public order, morality and health.
• In the name of religion nobody can be permitted to add to noise pollution or violate noise pollution
norms. Even if there be religious practice to use voice amplifiers, it should not adversely affect rights of
others including that of being nor disturbed in their activities.
• Noise Pollution (Regulation and Control) Rules, 2000 should be followed.µ Also, State may regulate or
restrict economic, financial, political or other secular activities that are associated with a religious practice.
State can also provide social welfare and reforms in Hindu, Sikh, Jain, or Buddhist religious institutions as
well as the State can throw open their religious institutions like temple to all classes and sections of that
religious society. The wearing and carrying of kirpans is part of the profession of the Sikh religion and do
not threaten public order, morality or health.

• Freedom to manage religious affairs ²-Article 26 provides the right to every religious denomination,
including their sub-sections or sects, to
• establish and maintain institutions for religious and charitable purposes; manage their own matters of
religious affairs; own and acquire movable (e.g., vehicles, furniture) and immovable (e.g., house, trees)
property; and administer such property in accordance with law. 2 These rights are conditional; they should
not endanger public order, morality and health.

• Freedom as to payment of taxes for promotion of any particular religion -Article 27 prohibits forcing
anyone to pay any taxes on revenues that are used in payment of expenses for the promotion or
maintenance of any religion or section. For example, donations in temples that are used for the upkeep of
the temple cannot be taxed.

• Freedom as to attendance at religious instruction or religious worship in certain educational institutions-

Article 28 prohibits religious instructions in educational institution that are wholly maintained out of State
funds. For example, government run schools like Sainik Schools and Kendriya Vidyalaya schools cannot
impart religious instructions to students.
• However, some educational institutions are exempted from this rule, those which are administered by
State but are established by endowments or trusts that require religious instruction in such educational
institutions.
• Furthermore, State recognized or State aided educational institutions cannot force any student to take
part in any religious instruction or to attend any religious worship conducted in such institutions. These
provisions and others make India a secular state.

Cultural and Educational Rights

• Protection of interests of minorities-Article 29 provides minority sections of citizens who have distinct
language, script or culture the right to conserve the same.
• It also prohibits educational institutions, maintained by the State or receiving aid out of State funds, from
denying admissions to any citizen on grounds of religion, race, caste, or language.

• Right of minorities to establish and administer educational institutions-Article 30 provides all minorities,
whether based on religion or language, the right to establish and administer educational institutions of
their choice.
• It also prohibits State from discriminating educational institutions, while granting them aid, on grounds of
religion or language.
Right to Constitutional Remedies

• Remedies for enforcement of fundamental rights-Article 32 guarantees the aggrieved ones, whose
fundamental rights have been violated or denied, to petition directly to Supreme Court for the
enforcement of fundamental rights.
• Unlike cases of other matters where one has to exhaust remedies of lower courts, in matters of
fundamental rights violation one can approach the Supreme Court directly.
• Similarly, Article 226 authorizes High Courts to take up matters of fundamental rights violations directly for
their enforcement.

• Public Interest Litigation - Also known as Social Action Litigation. Article 32 allows for the practice of
Public Interest Litigation, which is a process by which letters written to Supreme Court or High Courts by
public-spirited persons or organizations alleging fundamental rights violations are converted into
petitions.

Directive Principles

Articles 36-51 in Part IV of the Constitution lay down the guiding principles of governance for the State are
called the 'Directive Principles of State Policy'.

• Given below are few salient features of the directive principles.

• It is the duty of the State to apply these principles in making laws and policies on social and human
development.
• These principles are largely of the nature of economic and social rights.
• The provisions of directive principles are not enforceable by any court of law, but they provide guidance in
carrying out and drafting laws and policies regarding human and social development.
• Supreme Court has raised the status of many provisions of directive principles to that of fundamental right
by suggesting they violate one's right to life (Art. 21).
• Directive principles aim at promoting the welfare of the people. They intend to secure and protect social,
economic and political justice of its citizens.
• These principles endeavor to minimize income inequalities and to eliminate inequalities based on status,
facilities, and opportunities amongst both individuals and groups of people.

• Supreme Court has raised the status of many provisions of directive principles to that of fundamental
rights by suggesting they also violate one's right to life (Art. 21).
• For example, prior to 2002, elementary education for children between age six and fourteen was a policy
goal provision in the Directive Principles of State Policy, which the Supreme Court raised to the status of
fundamental right affirming that depriving one from education amounts to depriving one's right to life
(Art. 21 Fundamental Right).
• Other prominent example is the right to livelihood, which is a directive principle often read with right to
life as fundamental right. Supreme Court has often directed State to rehabilitate slum dwellers whenever
they are evicted on grounds of encroachments. Eviction without rehabilitation closer to their work place
amounts to violation of their right to livelihood and in turn the right to life.

Fundamental Duties

Part IV(A) ²-Article 51A of the Constitution prescribes fundamental duties of every citizen.
In that, certain conduct and behavior are expected of the citizens.

• The salient features of fundamental duties are given below. The fundamental duties cannot be enforced
in a court of law for violation of the duties, and no one can be punished for the violation.
• Fundamental duties contain standards to be followed by the citizens. They remind citizens not to behave
irresponsibly but help building a free, democratic and strong society.

- COMPLAINT MECHANISMS OF QUASI-JUDICIAL BODIES

• The quasi-judicial bodies are public administrative agencies the executive branch and are largely
bestowed with authority similar to courts. These bodies have the power to resolve disputes and also
impose punishments.
• These commissions are independent or autonomous and transparent bodies that are created under
specific legislations to promote and protect human rights.
• National commissions have jurisdiction over the entire nation and the parallel state commissions take
matters of human rights violations from the respective states.

NATIONAL HUMAN RIGHTS COMMISSION

• Protection of Human Rights Act was enacted by the Parliament in 1993, which in turn established the
National Human Rights Commission as an independent institution with powers and functions to promote
129 and protect human rights.
• This act provides for the constitution of State Human Rights Commissions at state levels for access to
complaint mechanisms at the state level.
• The National Commission is headed by the Chairperson who is a former Chief Justice of the Supreme
Court. The other members of Commission are one member who is a former judge of the Supreme Court,
another member who is present or former Chief Justice of a High Court, and two other members with
knowledge or experience in matters relating to human rights.
• The Chairperson and the members are appointed by the President of India on recommendation of a
committee consisting of the Prime Minister, the Speaker of the Lok Sabha , Minister of Home Affairs at the
center, Leader of Opposition in the Lok Sabha, Leader of Opposition in the Council of States Rajya Sabha,
and Deputy Chairman of the Rajya Sabha.
• The National Commission is based in New Delhi and the State Commissions also complement the
working of the National Commission.

Powers And Functions Of The Commission

• Inquiry and Investigation - One of the Commission's roles is to conduct inquiry and investigation into the
alleged violation of human rights or abetment (aiding or supporting) or negligence in the prevention of
such violation by a public servant.
• The complaint can be filed by the victim or his or her representative, or the court may direct the
Commission with a complaint, and at times the Commission may initiate inquiry and investigation on its
own (sou motu).
• The Commission has the powers of a civil court :
• summon and enforce the attendance of witnesses and examine them on oath;
• ask for production of any document before itself;
• receive evidence on affidavits;
• request public record from any court or office;
• and examine witnesses or documents.

Once the inquiry is completed, the Commission can make recommendations to governmental authority in
cases where any public servant violated any human rights . The recommendation may include payment of
compensation to the victims or suggest initiation of proceedings for prosecution of the public servant.
• Intervening in court proceedings - The Commission may with the permission of the court intervene in
court proceedings concerning human rights violations.

• Inspection of jails, etc.- The Commission may also visit any jail or other governmental institutions, where
prisoners are lodged or detained, to study the living conditions of the inmates and make
recommendations to the government.

• Awareness and Sensitization - The Commission can review various human rights laws either in the
Constitution or other statutes and recommend measures to the government for their effective
implementation.

• The Commission can also evaluate various factors, which prevent the enjoyment of human rights and
recommend appropriate remedial measures to the government.
• The Commission can undertake and promote research in the field of human rights as well as spread
human rights literacy among various sections of society and promote awareness of the safeguards
available for the protection of these rights through publications, media, seminars, and other available
means.
• Lastly, the Commission can encourage and support the efforts of nongovernmental organizations and
institutions involved with human rights work.

Complaint Mechanism

The complaint mechanism procedure with the National Human Rights Commission is easy and straight
forward.

• Any one aggrieved of human rights violation or their representatives can lodge a complaint with the
Commission in any language.
• The complaint can be filed online at www.nhrc.nic.in or by paper petition using the complaint format
provided on the website. The complaint can be sent either by Post or Fax or through E-mail. There if no
fee for filing a complaint.
• The complaint must be filed within a year of the occurrence of the human rights violation.

NATIONAL COMMISSION FOR MINORITIES

• National Commission for Minorities Act, 1992 was enacted by the Parliament to create the National
Commission for Minorities to safeguard the human rights of minorities including protection against
inequality and discrimination.
• Minorities' human rights are enshrined in the Constitution as well as other laws enacted by Parliament and
the State Legislatures.
• The minorities here are referred to religious minorities of Muslims, Christians, Sikhs, Buddhists, Jains, and
zoroastrians (Parsis).
• Many states also have instituted the State Minorities Commissions and are located in the respective state
capitals. Persons who belong to the minority communities can approach the State as well as National
Minorities Commission for remedying human rights violations.
• The National Minorities Commission consists of a Chairperson, a Vice-Chairperson and five other
members who are nominated by the Central Government from amongst the minority communities.

Functions of the Commission

 The functions of the Commission include the following :
• evaluating the progress of the development of Minorities;
• monitoring the working of the safeguards provided in the Constitution and in other laws enacted by
Parliament and the State Legislatures;
• making recommendations for the effective implementation of safeguards for the protection of the
interests of Minorities by the Central Government or the State Governments;
• looking into specific complaints regarding deprivation of rights and safeguards of the Minorities and
taking up such matters with the appropriate authorities;
• initiating studies on problems arising out of any discrimination against Minorities and recommending
measures for their removal;
• conducting studies, research, and analysis on the issues relating to socio- economic and educational
development of Minorities;
• suggesting appropriate measures in respect of any Minority to be undertaken by the Central
Government or the State Governments;
• and making periodical or special reports to the Central Government on any matter pertaining to
Minorities and in particular the difficulties confronted by them the National Commission for Minorities is
vested with powers of a civil court

Complaint Mechanism

There are many grounds on which the Commission typically declines admitting the complaint.

• Firstly, it does not entertain or admit cases or complaints that do not relate to Minority status or rights.
• Secondly, the complaint should not be pending before another court or commission, i.e., matters that are
sub judice.
• Thirdly, the complaint should not relate to events that are more than one-year old.
• forthly, complaint should not be vague, anonymous, pseudonymous or frivolous.
• Lastly, Commission does not entertain complaints that are not directly addressed to it.

• Like, the NHRC, the National Commission for Minorities can also take action sou motu based on
newspaper reports or other findings.
• Applications of complaints are required to be sent to the Commission and addressed directly to the
Secretary, National Commission for Minorities, New Delhi.
• It does not charge any fee for lodging a complaint.

NATIONAL COMMISSION FOR WOMEN

In 1992, the National Commission for Women was established under the National Commission for Women
Act, 1990.

• The Commission consists of a Chairperson and five Members who are nominated by the Central
Government. At least one member each belongs to the Scheduled Castes and Scheduled Tribes
communities.

Functions and powers

• The commission has been charged with the following functions ;

• to investigate and examine matters relating to the safeguards provided for women under the Constitution
and other laws; to present annual and other reports to the Central Government about the working of the
safeguards;
• to make recommendations to Central and states for the effective implementation of safeguards for
improving the conditions of women;
• to review provisions of the Constitution and other laws affecting women and make recommendations
about remedial legislative measures required to address inadequacies or shortcomings in the laws;
• to take up cases with the appropriate authorities about violation of women human rights as provided in
the Constitution and other laws;
• to look into complaints and also take suo moto notice of matters on deprivation of women's rights;
• to initiate special studies or investigations into specific problems or situations arising out of discrimination
and atrocities against women and to identify the constraints and to recommend strategies;
• to participate and advice on the planning process of socio-economic development of women; to evaluate
the progress of the development of women under the Union and any State;
• The Commission has investigating powers similar to that of a civil court

NATIONAL COMMISSION FOR SCHEDULED CASTES & SCHEDULED TRIBES

• Article 338 of the Constitution of India provides for establishing a Special Officer for the Scheduled
Castes and Scheduled Tribes to investigate all matters relating to the safeguards provided for the
Scheduled Castes and Scheduled Tribes in the Constitution and report to the President.
• The two commissions, the National Commission for Scheduled Castes and the National Commission for
Scheduled Tribes were instituted in fulfillment of Art.338 of the Constitution to protect their human rights
and prevent their exploitation, and to encourage and defend their social, educational, economic and
cultural securities as provided in the Constitution and other legislations.

Powers and functions

• Both Commissions have similar powers and functions as provided in Art. 338-
• to investigate and monitor all matters relating the safeguards provided for the Scheduled Castes and
Scheduled Tribes in the Constitution and other laws;
• to evaluate the working of the safeguards; to inquire into specific complaints with respect to the
deprivation of rights and safeguards of the Scheduled Castes and Scheduled Tribes;
• to participate and advise on the planning process of socio-economic development of the Scheduled
Castes and Scheduled Tribes and to evaluate the progress of their development under the Union and any
State;
• to present to the President, annually and periodically, reports on the working of the safeguards and
recommendations for the effective implementation of the safeguards and protection, as well as welfare,
and socio-economic development of the Scheduled Castes and Scheduled Tribes.
• Just like the other human rights commissions, the two commissions for Scheduled Castes and Scheduled
Tribes have the powers of a civil court in trying a suit and commissions
• Art.338 also mandates the Union and every State Governments to consult the Commissions on all major
policy matters affecting Scheduled Castes and Scheduled Tribes.

Complaint Mechanism

• The Commissions receive complaints from an individual or group of persons alleging denial of the
safeguards provided in the Constitution by an authority or an organization.
• The Commissions follow up with the authorities and organizations against whom the complaint is lodged.
• The websites of the Commissions are www.ncsc.nic.in for the Scheduled Castes and www.ncst.nic.in for
the Scheduled Tribes.