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• Constitution of State Human Rights Commission, Tamil Nadu
• Officers and staff

Constitution of the State Human Rights Commission, Tamil Nadu

This Commission was constituted in accordance with the powers conferred on the State under section-21 of the Protection of Human Rights Act, 1993 (Central Act 10 of 1994) the exercise the powers conferred upon and perform the functions assigned to it provided under this Act.

Tamil Nadu is one of the very few States which has constituted a Commission for the Human Rights.

It would not be out of place to mention that India was a party to the International covenant on civil and political rights and the international covenant to Economic, Social and Cultural rights, both of which were adopted by the United Nations General Assembly on 16th December 1966 and the rights embodied in those covenants stood substantially protected by the Constitution of India. Having regard to this, and to the changing social realities and emerging trends in t nature of crime and violence, it had been considered essential to review the existing laws a procedure and the system of administration with a view to bringing about greater efficiency and transparency, the Government of India constituted National Human Rights Commission 12th October 1993 and for the same reasons and objects and with a view to provide easy a close access to the needy victims of violation, the State Human Rights Commission was constituted in the state of Tamil Nadu on 17.4.1997. At the time of constitution, Tamil Nadu was the fifth State to form this Commission, the others being the States of West Bengal, Madhya Pradesh, Assam and Himachal Pradesh. Two other States Punjab and Jammu and Kashmir have since constituted the State Commission.

As under section 21 of the above Act, the Government in its order in G.O.Ms. 1465 1466 Public (L&O) Dept. dated 20.12.1996, Constituted the State Human Rights Commission with the following members:

(a) A Chairperson who has been a Chief Justice of the High Court.

(b) One member who is or has been a judge of the High Court.

(c) One Member who is or has been a judge of the District Court.

(d) Two members to be appointed from amongst persons having knowledge of or practical experience, in matters relating to human rights.

(e) One Secretary not below the rank of the Secretary to Government who shall be the ( Executive Officer of the State Commission.

In accordance with section 22 of the Act, the Chairperson and Members of the Commission were appointed by the Governor on the basis or the recommendations of the Committee comprising the Chief Minister as the Chairperson and the Speaker of the Legislative Assembly the Minister in charge of the Dept. of Home, Leader of Opposition in the Legislative Assembly as Members.

In accordance with section 26 of the Act, the State Government has notified the salaries ; allowances payable to the Chairperson and Members of the Commission as also the terms and conditions of their services in its order in G.O.Ms.No. 1465, Public (L&O) dated 20.12.1996.

In exercise of the powers conferred on it by Section 10 (2) of the Act, the Commission has issued regulations, governing the procedures to be followed in the conduct of its business and the same have been duly notified in the Government Gazette.

It may also be seen from the provisions of the section 27 of the Protection of Human Rights Act 1993, that the Commission will be equipped with an Investigative wing, Technical Wing and a Scientific wing and, in effect, Section 27 1 (b) and 2 reads as follows:

Officers and staff of the State Commission

The State Government shall make available to the commission:

(a) such police and investigative staff under an Officer not below the rank of an Inspector General of Police and such other Officers and staff as may be necessary for the efficient performance of the functions of the State Commission.

(b) Subject to such rules as may be made by the State Government in this behalf, the State Commission may appoint such other administrative, technical and scientific staff a: it may consider necessary.