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CIVIL LIBERTIES
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by establishment of Human Rights Cells has been engaging the attention of the Commission
for quite some time. Setting up of Human Rights Cells within the police of each state
is a major step taken by the state police administration in the task of protecting and
promoting human rights and thereby regaining the police-public confidence and credibility
in the minds of the people.
4.43 The main features of this setup is that the DGP in each State has established a
“Human Rights Cell”, headed by an officer not below the rank of an IGP, who will be
designated “IGP/ADGP(Human Rights). As the head of the Human Rights Cell, he is
expected to have a very good record and reputation and should be appointed with the
concurrence of the Commission.
4.44 This setup is not a substitute for, but only an addition to, the present modes of
dealing with complaints by the Commission. The Commission would, as heretofore, in
appropriate cases, continue to have the complaints processed seeking reports from the
unit Officers directly, and in appropriate cases get the complaints investigated by the
Investigation Division of the Commission itself.
4.45 Under the provisions of the Protection of the Human Rights Act, 1993, the
Commission can utilize the services of any agency or authority of the Central or the State
Government for the purpose of conducting an investigation. This setup of “IGP/ADGP
(Human Rights)” is available to the Commission u/s 14(1). However, the officer continues
to work under the control and discipline of the State authorities. This has been found,
in many cases, not to be a satisfactory system. The agency or authority of the Central
or State Government for the purpose of conducting investigation on the direction of
NHRC should work, for such investigation, under the control of the NHRC.
4.46 The creation of “IGP/ADGP Human Rights” has a great potential for developing
itself into a meaningful interaction between the state administration and the National
Human Rights Commission, for overseeing the processing of the complaints, and for
adoption of preventive and remedial measures. The system has the potential of developing
into an effective in house system for prevention of human rights violations.
4.47 Every state /UT has constituted a HR Cell in the office of DGP. However, its
effectiveness in spreading the culture of respect for Human Rights in the state Police
Forces is yet to be felt. The nodal officers of these Human Rights Cells are personally
monitoring the cases referred to their state from the National Human Right Commission,
including deaths in police and judicial custody.
F] Human Rights and Administration of the Criminal Justice System
4.48 The Commission has, in successive reports, made extensive recommendations aimed
at reforming certain aspects of the administration of the criminal justice system in the
country, so as to make it more sensitive to human rights considerations.
ANNUAL REPORT 2003-04