While it is m ~ s desirable
t
that State-level Commissions be established rapidly,
8.6
certain State Governments have informed this Commission of their difficulty in proceeding
because of financial constraints or because of the non-availability of retired Chief Justice
or Justices of the High Court whose presence is essential to the proper composition of
the 5-Member Commissions envisaged under the provisions of Section 21(2) of the
Protection of Human Rights Act, 1993. As these difficulties cannot be willed away, the
Commission is reflecting on whether the Act itself needs to be amended to provide some
flexibility in regard to the size and composition of State Commissions. In respect.of the
States in the North-~astemregion, for instance, there is a single High Court, based in
Guwahati. A formula may need to be specialjy devised for these States in respect of Humar:
Rights Commissions. This Commission will, accordingty, be making recommendations
to theACentralGovernment on this matter ai?er further consultations and .consideration.
8.7 - Section 30 of the Protection of Human Rights Act,.l993 envisaged the notification
of Human Rights Courts "for the purpose 3f providing speedy trial of offences arising
out of human rights violations." Such courts were thereafter notified in Andhra Pradesh,
Assam, Sikkim, Tamil Nadu and Uttar Pradesh, but ambiguity remained as to the precise
n h r e of the offences that should be tried in such courts and other details regarding
the conduct of their business.
8.8
On 3 January 1997, the Secretary General of the Commission received a
c;ommunication from the Additional Registrar(Law1 of the High Court of Madras stating
that, on 22 November 1996, the Chief Justice of that-High Court had received a
memorandum from the People's Union for Civil Liberties (PUCL) regarding the
jurisdiction and the procedures to be followed by Human Rights Courts constituted
under Section 30 of the Act. The letter of the Additional Registrar requested the National
Human Rights Commission to place its views before the High Court on the varrous
aspects as to the scope, sweep, amplitude, powers, jurisdiction and functioning of the
Human Rights Courts, which matter was to come up for consjderation in the Criminal
Revision Case No.868196 before the Division Bench of .the High Court.
The Commission decided to accede to this request and to render all assistance
8.9
to the High Court by placing its views before it. Fu~her,having regard to the implications
and ramifications of the issues raised, the Commission also expressed the view that
it would be appropriate to notify the Union of lndia and the Attorney General of lndia to
assist the Court: The matter is now pending before the Court. The decisions taken
by ,it will be of great assistance to the proper functioning of Human Rights Courts not
only in Tamil Nadu but in other States as well.