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Section 12 Protection of Human Rights Act 1993: Functions of Commission

Section 12 (Functions of the Commission) under Chapter III (Functions and Powers of the Commission) of the Protection of Human Rights Act, 1993 —

❝The Commission shall perform all or any of the following functions, namely:—

 (a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf or on a direction or order of any court, into complaint of—
  (i) violation of human rights or abetment thereof; or
  (ii) negligence in the prevention of such violation, by a public servant;

 (b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;

 (c) visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government;

 (d) 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 implementation;

 (e) review the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures;

 (f) study treaties and other international instruments on human rights and make recommendations for their effective implementation;

 (g) undertake and promote research in the field of human rights;

 (h) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;

 (i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights;

 (j) such other functions as it may consider necessary for the promotion of human rights.❞


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Notes:

The Protection of Human Rights Act, 1993 (No. 10 of 1994) was amended by:
- the Protection of Human Rights (Amendment) Act, 2000 (No. 49 of 2000) (w.e.f. 11-12-2000);
- the Protection of Human Rights (Amendment) Act, 2006 (No. 43 of 2006) (w.e.f. 23-11-2006).

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