Complaints before the Commission □ The Magistrate shall consider all factors relating to the detention, including the length of detention and the nature of interrogation. □ The actual recording of the Lie Detector Test shall be done in an independent agency (such as a hospital), and conducted in the presence of a lawyer. □ A full medical and factual narration of the manner of information received must be taken on record. Through a letter dated 11 January 2000, the Commission circulated these guidelines to the Chief Secretaries of States as well as Union Territories. COMMENT The National Human Rights Commission has, from time to time, laid down guidelines for various State and other public functionaries in the proper discharge of their duties. These guidelines ensure that while discharging their duties and responsibilities, these functionaries do not violate human rights. These functionaries have a constitutional obligation to respect and promote Fundamental Rights and the Directive PrincijDles of State Policy. The Constitution has made Fundamental Rights justiciable. The Supreme Court, while interpreting and enforcing Fundamental Rights, has whenever possible, interpreted these rights in the light of the Directive Principles of State Policy. The Supreme Court has also held (vide Visakha v State ofRajasthan^, zndNUabatiBeherav State ofOrissa^), that any international convention not inconsistent with Fundamental Rights and in harmony with its spirit must be read into these provisions to enlarge their meaning and content in order to promote the object of the constitutional guarantee. The State, in its functioning at various levels, is therefore obliged to respect and preserve these basic human rights. And the Supreme Court has, in several cases, laid down guidelines and directions for this purpose (vide a recital of such cases as VineetNarainv Union ofIndia^). Under Section 12 of the Protection of Human Rights Act, 1993, the National Human Rights Commission is entitled, not merely to inquire into any violation of human rights or negligence, in the prevention of such violation, it has also wider statutory obligations for the promotion and protection of human rights, eg it has a statutory obligation 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 implementadon' [see Section 12(d)]. The Commission is also required to 'review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures' [see Section 12(e)]; to 'smdy treaties and other international instruments of human rights and make recommendations for their effective implementation' [see Section 12(f)]; and to undertake 'such other fianctions as 1 (1997) 6 see 241. 2 (1993) 2 see 746. 3 (1998) 1 see 226 at 265. 117