Tripura Human Rights Commission

Introduction:

The Government of Tripura took a decision to constitute the State Human Rights Commission in order to deal with issues and cases relating to violation of human rights within the State. Accordingly, the Government of Tripura has established the “Tripura Human Rights Commission” (THRC) in the month of January, 2016 vide Gazette Notification No.F.8(22)-Law/Leg-1/2010 dated 27.10.2015 consisting of Chairperson Justice Mr. Kalyan Jyoti Sengupta, former Hon’ble Chief Justice of the High Court for the State of Telengana & Andhra Pradesh and 2 (two) otherHon’ble Members namely, Mr. R.P.Meena, retired IAS  officer and Mr. Samiran Das, retired District &Sessions Judge of the State of Tripura.

In order to carry out the mandate as envisaged in Human Rights Acts,1993, the Tripura Human Rights Commissionhas started functioning w.e.f. 1st January, 2016 in full swing. The Tripura Human Rights Commission has organized several sensitization programmes, seminars and symposia involving several Institutions and State Government Departments such as, Tripura Fire Services, Tripura Police, Law College, Tripura University, School Education, Health, Jail, Agartala Municipal Corporation including NGOs etc.to create awareness regarding violation of human rights among general people.

The office of Tripura Human Rights Commission was formally inaugurated on 1^st January, 2016 in the Circuit House building to start with. The Tripura Human Rights Commission has started functioning in a makeshift building of Government Quarter since June, 2016 at Kunjaban Township Quarter Complex, Agartala, West Tripura.

2.      Present Members of Tripura Human Rights Commission (in short THRC).

The existing body of Tripura Human Rights Commission comprises of Mr. Justice Swapan Chandra Das as Hon’ble Chairperson including 2 (two) other Hon’ble Members namely, Mr. Subir Chandra Saha, Retd. District & Sessions Judge and Mr. Bimal Kanti Ray, Retd. IPS.

3.      Functions of the Commission (vide Section 12 read with Section 29 of the Act).

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

1. Inquire, suo-motu or on a petition presented to it by a victim or any person on his behalf [or on direction or order of any court], into complaint of-

1. Violation of human rights or abetment thereof; or
2. Negligence in the prevention of such violation, by public servant;

2. Intervene in any proceeding involving any allegation of violation of Human rights pending before a court with the approval of such court;
3. Visit, not withstanding anything contained in any other law for the time bring 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;
4. 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;
5. Review the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures;

7. Undertake and promote research in the field of human rights;
8. 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;
1. Encourage the efforts of non-governmental organization and institutions working in the field of human rights protection activities;
10. Such other functions as it may consider necessary for the promotion of such human rights

4.      Powers.

The Commission shall, while inquiring into complaints under this Act, have all the powers of civil court trying a suit under the Code of Civil Procedure, 1908 as provided under Section 13 read with Section 29 of the Act.

Investigation (vide Section 14 read with Section 29 of the Act).

         The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilize the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central government or any State Government, as the case may be. The Commission, however, also has its own Investigation Wing.

Procedures (vide Chapter IV, Section 17 read with Section 29 of the Act).

         The Commission while inquiring into the complaints of violations of human rights may-

1. Call for the information or report from the Central Government or any State Government or any other authority or organization sub-ordinate there to within such time as may be specified by it;

Provided that-

1. If the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the complaint on its own;
2. If, on receipt of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the complaint and inform the complainant accordingly;
3. Without prejudice to anything contained in clause (i), if it considers necessary, having regard to the nature of the complaint, initiate an inquiry.

Procedure for dealing with Complaints or Suo-motu Action (Regulation framed under Section 10 of the Act).

Procedure for dealing with complaints:

1. Complaints may be made to the Commission in Bengali or English. However, the Commission may entertain complaints in other language also in discretion.
2. No fee shall be chargeable on such complaints.
3. The complaint should disclose a complete picture of the matter complained against. The commission may, if necessary, call for further information or may direct affidavits to be filled in support of the allegations or examine the complainant (s) as the case may be on oath whenever considered necessary.