CBSE Textbook Solutions: Human Rights Violations - Complaint Mechanism (Quasi-Judicial Bodies) | Legal Studies for Class 12 - Humanities/Arts PDF Download

Based on your understanding, answer the following questions:

Q1. Explain any one power or function of the National Human Rights Commission. 
Ans: One significant power of the National Human Rights Commission (NHRC) is its ability to conduct inquiries and investigations into alleged violations of human rights. This function is crucial as it allows the Commission to address complaints from victims or their representatives, as well as initiate inquiries on its own accord, known as 'suo motu' actions. For instance, if the media reports human rights abuses, the NHRC can take immediate steps to investigate these claims.

• The Commission can investigate complaints of human rights violations by public servants.
• It has the authority to recommend remedial measures to the government.
• The NHRC can also inspect jails and detention centers to assess the living conditions of inmates.

This investigative power is essential for ensuring accountability and promoting the protection of human rights within the country.

Q2. Who are minorities whose interest the National Commission for Minorities intends to protect? 
Ans: The National Commission for Minorities (NCM) is dedicated to safeguarding the rights and interests of various religious minorities in India. The specific groups recognized as minorities include:

• Muslims
• Christians
• Sikhs
• Buddhists
• Jains
• Zoroastrians (Parsis)

The NCM was established under the National Commission for Minorities Act of 1992, with the primary aim of protecting these communities from discrimination and inequality. It conducts research and analysis on socio-economic issues affecting minorities and recommends measures for their development. Furthermore, individuals from these minority communities can approach both the NCM and State Minorities Commissions for redressal of human rights violations. The Commission's powers, akin to those of a civil court, enable it to summon witnesses, gather evidence, and ensure the protection of minority rights as enshrined in the Constitution and relevant legislation.

Q3. Ms. Bagchee is a jewish woman who has married outside her community, because of which she is disallowed to perform certain religious customs. What could be the grounds of disqualification of her complaint to the National Commission for Minorities? 
Ans: Ms. Bagchee's complaint to the National Commission for Minorities may be disqualified on several grounds:

• Non-relation to Minority Status: The Commission typically does not entertain complaints that do not directly relate to minority rights or status. Since her issue stems from marrying outside her community, it may not be seen as a violation of her minority rights.
• Pending Matters: If her complaint is already being addressed in another court or commission, it would be considered sub judice, and the Commission would not accept it.
• Time Limit: Complaints must relate to events that occurred within the last year. If her situation is older, it may be rejected.
• Lack of Other Remedies: If Ms. Bagchee has not sought other judicial or administrative remedies, the Commission may require justification for this before accepting her complaint.

These grounds highlight the procedural limitations that may affect the acceptance of her complaint, emphasizing the importance of adhering to the Commission's guidelines.

Q4. Ms. Nisha Joseph is a christian and her services were terminated by a school managed by State run non-governmental organization without any substantial reasons. What is the remedy available to her for redressal of this issue? 
Ans: Ms. Nisha Joseph, a Christian whose services were terminated by a school managed by a state-run non-governmental organization without substantial reasons, has several remedies available for redressal. Firstly, she can file a complaint with the National Commission for Minorities (NCM) as her termination may involve discrimination based on her religious identity. The NCM is tasked with protecting the rights of minorities and can investigate her case.

• Approach the NCM: She can submit a formal complaint detailing her termination and the lack of substantial reasons.
• Legal Action: If the NCM does not provide a satisfactory resolution, she may consider pursuing legal action in a labor court or tribunal for wrongful termination.
• Seek Mediation: Engaging in mediation with the school management could also be a viable option to resolve the issue amicably.

It is important for Ms. Joseph to gather all relevant documentation and evidence to support her claims in any of these forums.

Q5. Smt. Savitri is troubled by the exploitation that is being faced by her deaf and dumb daughter who has been abandoned by her husband and in laws, allegedly due to her disabilities. Which forum can she approach for redressal of issues being faced by her? State its powers and functions. 
Ans:  Smt. Savitri can approach the National Commission for Protection of Child Rights (NCPCR) for redressal regarding the exploitation faced by her daughter. The NCPCR is empowered to ensure that all laws, policies, and programs are in consonance with the child rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child.
Powers and Functions of NCPCR

• Monitor the implementation of child rights laws and policies.
• Inquire into violations of child rights and recommend actions.
• Review existing laws and recommend amendments to ensure child rights protection.
• Promote awareness about child rights among various stakeholders.

In cases of exploitation or abandonment, the NCPCR can intervene and provide necessary support and protection to the child, ensuring her rights are upheld.

Q6. Why were the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes created? 
Ans: The National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) were established under Article 338 of the Constitution of India. Their primary purpose is to safeguard the rights and interests of Scheduled Castes and Scheduled Tribes, who have historically faced social and economic disadvantages. These commissions aim to investigate matters related to the constitutional safeguards provided to these communities and ensure their effective implementation.

• Protection of Rights: They protect the human rights of Scheduled Castes and Scheduled Tribes.
• Prevent Exploitation: Their role includes preventing exploitation and discrimination against these communities.
• Social and Economic Development: They encourage the socio-economic development of Scheduled Castes and Scheduled Tribes.
• Policy Consultation: The commissions advise the government on policy matters affecting these groups.

Overall, the establishment of these commissions reflects India's commitment to ensuring equality and justice for marginalized communities.

Q7. Ravi avails benefits of being a member of scheduled caste in his service under the Central Government. In a matter of promotion with his department he moved to the Central Administrative Tribunal. As the matter is pending for a long time, he decides to obtain a speedier redressal of his cause and moves to the National Commission for Scheduled Castes. Decide if the matter will be entertained by the Commission. Also set out the various grounds on which the Commission can reject a complaint made to it.
Ans: In the case of Ravi, who is a member of the Scheduled Caste and has sought redressal from the National Commission for Scheduled Castes (NCSC) regarding his promotion issue pending at the Central Administrative Tribunal, the Commission will entertain his matter. The NCSC is mandated to address grievances related to the violation of rights of Scheduled Castes and can provide a platform for individuals like Ravi to seek justice.

• The complaint pertains to a service matter, which falls within the Commission's purview.
• The NCSC can reject complaints on various grounds, including:
• The issue is sub-judice before a court or tribunal.
• The matter has already been addressed by a judicial verdict or decision of the Commission.
• The complaint does not specifically allege a violation of human rights.
• The issue relates to labor or industrial disputes.

Overall, Ravi's decision to approach the NCSC is justified, as it aligns with the Commission's role in safeguarding the rights of Scheduled Castes.