Court : Patna
..... commission to make regulations to carry out the provisions of the act including procedure to be followed by commission under section 10(2). section 10(2) of the protection of human rights act, 1993 read as under: 10. procedure to be regulated by the commission- (1) the commission shall meet at such time and place as the ..... jurisdiction would not make an order coram non-judice. 8. before i deal with the issue, it would be relevant to notice some of the provisions of the protection of human rights act, 1993 (hereafter referred to as the act, 1993). section 29 of the act states that the provisions of sections 9, 10, 12, 13, 14, ..... notice would tantamount to pre-judging the officials/staff engaged in search and seizure operation of being guilty of violation of human rights, without affording them an opportunity of hearing. section 16 of the protection of human rights act, 1993 prohibits passing of an order by the commission which may prejudicially injure the reputation of a person without .....
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in the high court of j udicature at patna criminal miscellaneous no.3454 of 2012 hemant kumar gupta @ hemant kumar versus the state of bihar ---------------------------------- 02. 23.01.2012. heard learned counsel for the petitioner and learned additional p.p. for the state. petitioner has submitted that he has been appointed in accordance with protection of human right act, 1993 and happens to be one of the functionaries of human right commission although from annexures-2 and 3 it appears that he was appointed by one national human right protection council. as such the state is directed to clarify whether petitioners appointment under the national human right protection council happens to be in accordance with the relevant act. also call for the carbon copy of the 0case diary of dinara(bhansu)p.s.case no.233 of 2011 pending in the court of s.d.j.m., bikramganj, district-rohtas. put up after receipt of the case diary. (aditya kumar trivedi,j.) brajesh kr.
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..... without jurisdiction. learned counsel firstly submitted that the incident was of the year 1994 whereas petition was originally filed in 1998 and in view of the section 36 of the protection of human rights act, 1993, it could not be entertained by the commission. learned counsel further submitted that the commission had ordered for closure of the case on 6.11.98 and ..... . eqbal, j.1. in this writ application filed under article 226 of the constitution of india, the petitioner has challenged the order dated 12.6.2000 passed by chairperson, national human rights commission, new delhi in a proceeding vide case no. 1455/4/98-99 initiated on the basis of complaint made by the respondent no. 2.2. it appears that respondent .....
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..... the scheduled castes persons eat inedible substance like human excreta and attacts on and mass killings of helpless scheduled castes and scheduled tribes and rape of women belonging to the scheduled castes and the scheduled tribes. under the circumstances, the existing laws like the protection of civil rights act, 1955 and the normal provisions of ..... arising out of the practice of untochability and the parliament enacted untouchability (offences) act, 1955, the title of which was later on changed as the protection of civil rights act. the provision of the said act and the penal code were not found adequate to check the atrocities committed on the sch. castes and sch ..... legislation. it is pointed out in the above statement of objects and reasons that when members of the scheduled castes and scheduled tribes assert their right and demand statutory protection, vested interests try to cow them down and terrorise them. in these circumstances, if bail is not made available to persons who commit such .....
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..... is also crystal clear that the legislature being aware of the fact that whenever the members of the scheduled castes and scheduled tribes assert their right and demand their protection, the people of the higher castes terrorise them and try to curb them and, therefore, it was thought that special act providing special procedures ..... .3. it is thus apparent that the legislature felt that the normal provisions in the indian penal code or in other acts are not sufficient to protect the members of the scheduled castes and scheduled tribes from the exploitation of the members of higher castes. the social condition of these people motivated the ..... scheduled castes persons eat's inedible substances like human excreta and attacks on and mass killings of helpless scheduled castes and scheduled tribes and rape of women belonging to the scheduled castes and scheduled tribes. under the circumstances, the existing laws like the protection of civil rights act, 1955, and the normal provisions of .....
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..... at times, in case of economic legislation, the courts feel more inclined to judicial deference to legislative judgment than any other areas, where, fundamental human rights and larger public interests are involved.(8) the courts are also not concerned with the need or propriety of legislations. the function of the judiciary ..... of india very wisely incorporated in the constitution itself, the provisions of judicial review so as to maintain the balance of federalism, to protect the fundamental rights guaranteed to the citizens and to afford a useful weapon for equality, liberty and freedom. the system of judicial review in india has ..... judicial and constitutional process and mechanism. judicial review has two important functions; (i) testing or review of legitimizing governmental and legislative actions (ii) to protect the constitution against any undue encroachments by the government. both these functions are inter-related. justice douglas characterizes judicial review as 'tailoring an act to .....
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..... fresh are part of the record. the high court requests the human right commission that these photographs may not be made public to protect the identity of the women. aftab alam, j. 18. i agree. ..... , the suo motu action succeeds with directions as above.17. it will be only appropriate that a copy or a facsimile of the entire record be sent to the human rights commission because the commission had also been concerned at the violence which occurred at the hands of the police at senari. the photographs of the women taken when injuries were ..... be stated on an affidavit by the home secretary, government of bihar, patna, so that the statement made at the bar may come on the record. this is a serious human rights violation matter. place, as desired, to thursday next.'7. then, there was half hearted attempt to accept the responsibilities but the matter was treated lightly. the incident at senari .....
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..... . it is said that the exercise of power in encounter by the police gives rise to a tendency to indulge in such activity which amounts to gross violation of human rights. it has come on record and there were serious kinds of demonstrations and dharna by the business community of ranchi, as stated by the city s.p. ranchi ..... should not be awarded. however, the present case must-be viewed from special angle. it has been observed earlier that the very concept of police force is to protect the law abiding citizens from the anti-social elements and if such a force itself starts indulging in killings like this, every citizen will start feeling unsafe and there ..... a show of a take encounter and it appears that the circumstances leading to this occurrence are most unfortunate for a civilised society. the police force is meant for protecting the law abiding citizens from anti-social elements and to come to the rescue of the citizens of onslaught from the mighty and influential persons, hut the role .....
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..... . it is further alleged by respondent no. 7 that the petitioner, namely, dulari devi, widow of the deceased, has also filed an application before the chairman, human rights commission and, thereafter, the entire matter was handed over to c.i.d. bihar, patna, for enquiry. it is alleged that on spot enquiry the c.i ..... (sc), their lordships relying upon earlier decisions have held that the court is not helpless, rather it has not only wide power to protect the fundamental right of a citizen but also imposes constitutional obligation, so as to lay down a law which is necessary for doing complete justice and enforcing the fundamental ..... the deputy superintendent of police held rajendra mandal responsible for concealing the whereabouts of surendra mandal and thereby the said rajendra mandal was held responsible for giving protection and hiding the said surendra mandal. on protest by the late rajendra mandal the respondent deputy superintendent of police abused and not only started assaulting him .....
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..... in the adjudication and disposition of matters in the best interest of children and their rehabilitation. it is a social welfare legislation to ensure that juveniles human rights are protected and that delinquent juveniles derive benefit of its provision. it needs no emphasis that all steps need to be taken by the state government to ensure ..... stated that the newspaper ignored section-21 of juvenile justice (care and protection of children) act, 2000 (for short, 'jj act') by disclosing the identity of the child.2. 'bal sakha' also informed in the letter that there has been frequent violation of human rights of the juveniles and the authorities in the state have not been ..... become functional.12. section 62-a of the jj act which has been inserted vide amendment act, 2006 provides that every state government shall constitute a child protection unit for the state and, such units for every district, consisting of such officers and other employees as may be appointed by the state government to .....
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