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Question

The Human Rights Commission shall have all the powers of a  while inquiring in complaints under the Protection of Human Rights Act, 1993.

The correct answer is

Civil Courts

Understanding Human Rights Commission Powers under the 1993 Act

The question asks about the specific powers the Human Rights Commission holds when investigating complaints according to the Protection of Human Rights Act, 1993. This Act defines the structure, powers, and functions of the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) in India.

Powers of Inquiry of the Human Rights Commission

Section 13 of the Protection of Human Rights Act, 1993, details the powers vested in the Commission while inquiring into complaints of violations of human rights or negligence in the prevention of such violations by a public servant. For the purpose of conducting such inquiries, the Commission is granted powers that are equivalent to those of a Civil Court trying a suit under the Code of Civil Procedure, 1908.

These powers include, but are not limited to:

  • Summoning and enforcing the attendance of witnesses and examining them on oath.
  • Discovery and production of any document.
  • Receiving evidence on affidavits.
  • Requisitioning any public record or copy thereof from any court or office.
  • Issuing commissions for the examination of witnesses or documents.
  • Any other matter which may be prescribed.

Therefore, when the Human Rights Commission is inquiring into complaints, it operates with the same kind of procedural powers that a Civil Court would exercise during a trial.

Comparing Options

Let's look at the given options:

  • Criminal Courts: Criminal Courts deal with criminal cases and have different procedures and powers compared to Civil Courts. The Act specifies powers akin to Civil Courts.
  • Human being: This option is irrelevant to the legal powers of a statutory body.
  • Civil Courts: As discussed, Section 13 of the Protection of Human Rights Act, 1993 explicitly grants the Human Rights Commission powers equivalent to those of a Civil Court during inquiries.
  • None of the above: This is incorrect as the Act specifies the powers.

Based on the provisions of the Protection of Human Rights Act, 1993, the Human Rights Commission possesses the powers of a Civil Court while inquiring into complaints.

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Important Questions from Committees and commissions

  1. The Ministry of Home Affairs set up an Expert Committee, Chaired by __________ to draft a new Model Police Act in September 2005.
  2. What is the composition of the Department-Related Parliamentary Standing Committee?
  3. In which year was the first Backward Classes Commission appointed under the Chairmanship of Kaka Kalelkar?
  4. Match the LIST-I with LIST-II
    LIST-I
    (Commission/Document)
    LIST-II
    (Recommendation/Idea)
    A. Mudaliar CommissionI. Comprehensive programme for teacher education through DIET
    B. National Education
    Commission
    II. School internship model of 6-10 weeks in a 2-year programme and 15-
    20 weeks in 4-year programme
    C. NPE (1986)III. Multi track education at secondary level
    D. NCFTE (2009)IV. Teacher undoubtedly the most important person for education and
    national development

    Choose the correct answer from the options given below:
  5. Which of the following is a CABE sub-committee report?
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