Annual Report 1999-2000
PROTECTION OF HUMAN RIGHTS ACT, 1993
4.3 A high-level Advisory Committee, which was set up by the National Human Rights
Commission under the Chairmanship of Mr. Justice A.M. Ahmadi, former ChiefJustice
of India, to assess the need for structural ch^ges and amendments to the Protection
of Human Rights Act, 1993, submitted its report to the Commission on 18 October 1999.
4.4 The Committee had invited comments and suggestions on that Act, and in response,
had received letters, notes and memoranda from the Chief Justices of various High
Courts, Chairpersons of State Human Rights Commissions, Chiefs of the Army, Navy and
Air Force, Heads of Parliamentary Committees, non-govemmental organisations (NGOs)
and members of the public, giving their views and suggestions on various provisions of
the Act. After careful consideration, the Committee finalised its recommendations and
presented these to the Commission in the form of a Draft Amendment Bill.
4.5 The recommendatiotis of the Committee were considered by the Commission in
its meetings held in February 2000. The Commission, after a clause by clause discussion,
formulated its views on the amendments that are required to be made to the Act, keeping
in view the major impediments and structural inadequacies experienced by the
Commission during the course of the last six years of the operation of the Act. The report
of the Commission was sent to the Government in March 2000. The following are some
of the salient recommendations:
□ Commission to be empowered to transfer complaints pendingbefore it to respective
State Commissions.
□ To amend definition of 'armed forces' to exclude para-military forces in
Section 2 sub-section 1(A).
□ To amend Section 30 in order to empower human rights courts at the district level
to award compensation or relief to affeaed persons.
□ To amend Section 36(2) to provide for enquiry into a complaint of human rights
•violation by National and State Commissions even after the expiry of one year fix)m
the date of its occurrence, subject to there being good and sufficient reasons for
the same.
□ To amend Section 18 to enable payment of interim compensation at any stage
during the pendency of enquiry.
□ To amend Section 21 to make it mandatory for every State to have a State Human
Rights Commission, to reduce the number of members of State Commissions to
three and to enable State Commissions to have common members.
□ To prescribe a three month time limit from the date of submission for the reports
of the NHRC and State Corrunissions to be placed before the Parliament and State
Legislature and for reports to be made public after three months, even if not placed
before the legislative bodies.
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