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| Human Rights Commission Act 1986 | |
|---|---|
| Title | Human Rights Commission Act 1986 |
| Enacted by | Parliament of India |
| Citation | 1986 |
| Territorial extent | India |
| Date commenced | 1987 |
| Status | repealed |
Human Rights Commission Act 1986
The Human Rights Commission Act 1986 was a legislative measure enacted by the Parliament of India to establish a statutory mechanism for the protection of human rights through a national commission. It sought to create institutional remedies akin to bodies found in comparative systems such as the European Court of Human Rights, the United Nations Human Rights Council, and the Canadian Human Rights Commission. The Act influenced later instruments and debates involving entities like the National Human Rights Commission (India), Supreme Court of India, and international instruments including the Universal Declaration of Human Rights.
The Act emerged amid domestic and international pressures linked to events such as the Emergency (India, 1975–1977), the rise of civil society organizations like the People's Union for Civil Liberties, and global movements exemplified by the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Parliamentary debates in the Rajya Sabha and the Lok Sabha referenced precedents from the European Convention on Human Rights, the Australian Human Rights Commission Act 1986 and commissions in the United Kingdom, Canada, and South Africa. Judicial responses by the Supreme Court of India and rulings such as Maneka Gandhi v. Union of India shaped the constitutional contours that informed the Act’s drafting, together with recommendations from committees involving figures associated with the Law Commission of India and commissions modeled after the United Nations Commission on Human Rights.
The Act provided for the creation of a statutory commission with defined functions, tenure rules, and procedures comparable to institutional frameworks like the National Human Rights Commission (India). It delineated definitions reflecting terminology used in instruments such as the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Discrimination Against Women. Structural features mirrored appointments and removal processes similar to those seen in laws governing bodies like the Election Commission of India, the Central Vigilance Commission, and the Union Public Service Commission. The Act included provisions on complaints, investigation powers, reporting obligations to the Parliament of India, and coordination with state-level mechanisms like the State Human Rights Commission (India).
Under the Act, the commission was empowered to inquire into violations analogous to protections guaranteed under the Indian Penal Code and constitutional rights articulated in seminal cases such as Kesavananda Bharati v. State of Kerala. It could investigate allegations, recommend remedial measures, and advise the Union Government or state authorities, in roles comparable to the Ombudsman model in countries like New Zealand and institutional mandates of bodies like the International Criminal Court. Jurisdictional reach was influenced by debates with organizations such as the Amnesty International and the Human Rights Watch regarding extraterritoriality and the scope of inquiry into actions by security forces referenced in cases dealing with the Armed Forces (Special Powers) Act and regional conflicts including insurgencies in Punjab and Kashmir.
Appointments under the Act followed consultative procedures invoking offices analogous to the President of India, the Prime Minister of India, and parliamentary committees modeled after systems used for appointments to the Central Information Commission and the Comptroller and Auditor General of India. Membership criteria echoed qualifications seen in commissions like the National Commission for Women and the National Commission for Scheduled Castes. The Act specified terms of office and grounds for removal reflecting precedents from decisions by the Supreme Court of India and statutes governing judicial and quasi-judicial officeholders such as judges implicated in rulings like S.P. Gupta v. Union of India.
Procedural mechanisms combined principles from the Code of Criminal Procedure, 1973, administrative inquiry norms from the Central Administrative Tribunal, and investigatory practices observed in international bodies like the European Court of Human Rights and the Inter-American Commission on Human Rights. The Act provided for registration of complaints, preliminary inquiries, summons, evidence collection, and confidentiality safeguards referenced in instruments such as the Right to Information Act, 2005 for public access to outcomes. It also set timelines for reports and recommendations to the Parliament of India and state legislatures, and outlined coordination with enforcement agencies like police forces and prosecutorial authorities linked to cases influenced by judgments such as D.K. Basu v. State of West Bengal.
The Act prompted institutional development and informed later reforms culminating in the establishment and evolution of bodies like the National Human Rights Commission (India) and state commissions, while drawing criticism from civil society groups including the Human Rights Watch and Amnesty International for limitations on enforceability and independence. Legal scholars compared its efficacy to mechanisms such as the European Court of Human Rights and the South African Human Rights Commission, and judicial scrutiny by the Supreme Court of India led to reinterpretations addressing concerns raised in cases like People's Union for Civil Liberties v. Union of India. Calls for reform referenced models from the Paris Principles and proposals by the Law Commission of India to strengthen mandates, funding, and appointment transparency, influenced by comparative experiences in Canada, United Kingdom, and Australia.