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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. In the following two sets, Set I mentions the suggested interventions of the Kothari Commission in respect of Teacher Education, Set II provides the concerned target stage/group:

    Set-I

    (Interventions)

    Set-II

    (Target Stage/Group)

    (a) Two-year training course

    (i) In-service training of staff

    (b) One-year training course having 230 working days

    (ii) Unqualified teachers

    (c) Organization of summer institutes

    (iii) Primary level (Pre-Service Training)

    (d) Correspondence courses and study leave

    (iv) Secondary level (Pre-Service Training)

    Match the two sets and answer from the codes given below:

  2. Which of the following organizations are mainly associated with policy-making and quality control aspects of teacher education?

    (i) CBSE

    (ii) ICSSR

    (iii) NCERT

    (iv) SCERT

    (v) NCTE

    Choose the correct answer from the code given below:

  3. Who among the following has made the first systematic attempt of planning in India?

  4. Arrange the following chronologically:

    A. The National Commission on Teachers - I

    B. NCFTE : Towards preparing the Professional and Humane Teacher

    C. The NPE review committee

    D. National Advisory Committee on Learning without Burden

    E. The Curriculum framework for Quality Teacher Education

    Choose the correct answer from the options given below:

  5. Arrange the following in chronological order of their formation starting from the oldest to latest

    A. Secondary Education Commission

    B. Education Commission

    C. National Knowledge Commission

    D. University Education Commission

    E. Justice Verma Commission

    Choose the correct answer from the options given below:

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