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Q149 (CISF/2017) Polity & Governance › Constitutional & Statutory Bodies

Which of the following is/are valid ground(s) for challenging the jurisdiction of the National Human Rights Commission to inquire into an allegation of human rights violation against a member of the Central Industrial Security Force ?

1. That the same complaint is under investigation by the Human Rights Commission of the State in which the violation is alleged to have been committed
2. That the same complaint is being investigated by a Commission of Inquiry set up by the Central Government
3. That more than one year has expired from the date on which the act constituting violation of human rights is alleged to have been committed

Select the correct answer using the code given below :

Explanation

The jurisdiction of the National Human Rights Commission (NHRC) is governed by the Protection of Human Rights Act (PHRA), 1993. According to Section 36 of the Act:

  • Section 36(1): The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force. This makes Statements 1 and 2 valid grounds for challenging jurisdiction.
  • Section 36(2): The Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed. This makes Statement 3 a valid ground.

While the CISF is an armed force of the Union and special procedures under Section 19 apply, these statutory bars to inquiry under Section 36 remain applicable.

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SIMILAR QUESTIONS

CISF · 2023 · Q111 Relevance score: -0.06

The Protection of Human Rights Act, 1993 provides for the constitution of which of the following bodies ?
1. National Human Rights Commission
2. State Human Rights Commission
3. Human Rights Tribunal
4. Human Rights Court

Select the correct answer using the code given below :

CISF · 2022 · Q117 Relevance score: -0.27

While dealing with complaints of violation of human rights by members of the armed forces, the National Human Rights Commission shall adopt which of the following procedures ?

1. It may, either on its own motion or on receipt of a petition, seek a report from the Central Government.

2. After the receipt of the report, it may proceed with complaints and make its recommendations to that Government.

3. The Central Government shall inform the Commission of the action taken on the recommendation within three months or within the time extended by the Commission.

Select the correct answer using the code given below :

CDS-I · 2024 · Q24 Relevance score: -0.52

Which one among the following is not under the jurisdiction of the Protection of Human Rights Act, 1993?

CAPF · 2012 · Q110 Relevance score: -0.61

Which of the following statements about National Human Rights Commission (NHRC) is/are correct? 1. It is an alternative non-judicial channel. 2. Victims of human rights violations can seek reparation through NHRC. 3. It cannot grant immediate relief. 4. It has the direct power of enforcement. Select the correct answer using the code given below.