(APCR) Association For Protection of Civil Rights

Association For Protection of Civil Rights 2010

(Human & Civil Rights Defender's Resource Manual)

Association For Protection of Civil Rights (APCR) Regd. Office: E-20, Abul Fazl Enclave, Jamia Nagar, New Delhi-110025, India E-mail: apcrindia@gmail.com

Sundus Art & Graphics

(Evidentiary Value of FIR)

(Protection of Human Rights Act, 1993)

Criminal Law and Procedural Framework in India

1 Sec.162 Criminal Procedure Code does not hit such F.I.R. 2 If the information is non-confessional, it is admissible against the accused as an admission U/S 18/21 of the Indian Evidence Act and is relevant.

Evidentiary Value of ) (FIR

(Sec.154. Criminal Procedure Code, 1973)

Do's and Donts Don'ts Do's

(Intelligence)

(In accordance with P.P.R. 42.4)

(Intelligence)

(See Sec. 177 IPC Furnishing false information)

Sec. 167 IPC: Public servant disobeying law, with intent

(to cause injury to any person

Annexure 1

Bail (Problems and Solutions)

5 1. The Police have the power to arrest without a warrant

only in a situation when there is reasonable satisfaction reached, after some investigation, as to the genuineness and bonafides of a complaint and a reasonable belief as to both the person's complicity as well as the need to effect arrest. [Joginder Kumar's case- (1994) 4 SCC 260).

6
7 Supreme Court in Prem Shanker Shukla v. Delhi Adminstration [(1980) 3 SCC 526] and Citizen for Democracy v. State of Assam [(1995) 3 SCC 743.[

Special Rights for Women and Children

8 Right to life, dignity and liberty 9 Right against torture and degrading treatment

10
11 Any female occupant, who as per custom does not appear in public and not being the person to be arrested, has to be afforded reasonable opportunity to withdraw before entering a place for arresting a person who may be hiding there.(Sec. 47 CrPC)

12 No male under the age of 15 years or a woman can be summoned by

police as witnesses to depose about the facts and circumstances in a case under investigation at any place other than the place in which such male person or woman resides. (Sec. 160 CrPC)

15 Detention generally refers to a state or government holding a person in a particular area, either for interrogation, as punishment for a wrong, or as a precautionary measure while that person is suspected of posing a potential threat.

Limitation of Time for taking Cognizance

Nature of Offence

Prisoner's Rights/ Rights of Under Trail

16 As per the Supreme Court's Ruling in Sunil Batra's case AIR 1978, 1675, the prisoners cannot be inflicted any major punishment without proper procedural safeguards

Duties of the Police and ) (the Courts

(Sheela Barse, V. State of Maharashtra)

a) The Senior Civil judge nominated as the chairperson of the Mandal/Taluq b) Legal Services Authority; the Secretary, District Legal Services Authority at the district level; c) The Secretary, High Court Legal Services Committee at the state level; d) The Secretary, Supreme Court Legal Services Committee at the higher level; e) The member secretary of the state legal services authority; f) The magistrate before whom s/he is produced; or the custodial authorities, if under detention.

19 Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature. 20

RTI Application for cases of a pending work in Government Departments (This is how your RTI application would look like)
Public Information Officers (Name of the Department) (Office) (Address) Date: Sub: Application under the RTI Act, 2005 Sir, I had made an application for the following reason (copy of application is attached) but no satisfactory action has been taken on my application so far. _________________________________________ _________________________________________ _________________________________________ _________________________________________ Please provide the following information with respect to the same: 1. 2. Please provide the daily progress made on my application. Please give the names and designations of the officials with whom my application was lying during this period. Please intimate the periods when it was lying with which officer and what was the action taken by that official during that period. According to your rules or citizens charter or any other order, in how many days should such a matter be dealt with and resolved. Please provide a copy of these rules. The above officials have not adhered to the time limit mentioned in these rules. What action would be taken against these officials for violating the above rules and

3.

4.

5.

for causing mental agony to the public? By when this action would be taken? By when will my problem be resolved now?

I am depositing the application fee (Rs.10/-) separately/ (Or) I am a BPL card Holder, So, I am exempt from payment of fees. My BPL card no. is:./ Thank you Name Addres

http://delhigovt.nic.in/rti/search_pio.asp

http://www.rti.gov.in

Public Information Officer (PIO), C/o (Head of the Department and his address)

http://www.indiapost.gov.in/rtimanual16a.html

Whom to Approach/ Organizations/ Individuals to be contacted

National Human Rights Commission(NHRC

Format for Filing a Complaint with the NHRC

COMPLAINANT'S DETAILS Name Sex Male Female State Full Address District Pin Code

) INCIDENT DETAILS Incident Place(Village/Town/City) State District Date of Incident ) VICTIM'S DETAILS Name of the victim No. of victims Full Address District Pin Code Religion Caste State Sex Age 11. Whether Disabled (SC/ST/OBC/General) person ) Brief summary of facts/allegations of human rights involved ) Whether complaint is against Members of Armed Forces/ Para-Military Yes /No

Whether similar complaint has been filed before any Court/ State Human Rights Commission

Name, designation & address of the public servant against whom Complaint is being made ) Name, designation & address of the authority/officials to whom the public servant is answerable ) Prayer/ Relief if any, sought

Signature

Understanding National Human Rights Commission

Protection of Human ) (Rights Act, 1993

21 review the safeguards 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

22

review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures


Sexual Harassment and indignity to women, exploitation ) (of women

National Human Rights Commission Faridkot House, Copernicus Marg, New Delhi - 110 001. Facilitation Centre (Madad): (011) 23385368 Mobile No. 9810298900 (For complaints-24 hrs.) Fax: (011) 23386521 (complaints)/23384863 (Administration)/ 23382734 (Investigation) Email: covdnhrc@nic.in (General)/ jrlaw@nic.in (For complaints) resnhrc@nic.in (Research Division) Web site: www.nhrc.nic.in

http://164.100.51.57/HRComplaint/NewHRComplaint.aspx

Contact Details of State Human Rights Commissions ANDHRA PRADESH STATE HUMAN RIGHTS COMMISSION "GRUHAKALPA" Complex, M.J. ROAD, Nampally, HYDERABAD-500001 STD: 040 Fax: 24601573 E-Mail: aphumanrights@ap.nic.in Web: http://www.shrc.ap.gov.in/ ASSAM STATE HUMAN RIGHTS COMMISSION STATFED HO Building, Bhangagarh, Guwahati, Pin - 781 005 (Assam) PHONE (+91 361) 2529450, 2527076, 2452387, 2457369 FAX (+91 361) 2529450, EMAIL: secy-ahrc@nic.in, chairperson_hphrc@yahoo.com Web: www.ahrc.gov.in BIHAR HUMAN RIGHTS COMMISSION 9,BAILEY ROAD, PATNA, BIHAR STD: 0612 Fax: 2232280 JAMMU & KASHMIR STATE HUMAN RIGHTS COMMISSION DAWN BUILDING, DALGATE, SRINAGAR-119001 KARNATAKA STATE HUMAN RIGHTS COMMISSION 4th FLOOR, 5th PHASE, MULTISTOREYED BUILDING, BANGALORE-560 001. STD: 080-22392200 Fax: 080-22392206, 22392207

KERALA HUMAN RIGHTS COMMISSION ARKA NILAYAM, M.P.APPAN ROAD, VAZHUTHACAUD TRIVANDRUM -14 PH. 0471-2337263, FAX 0471-2337148 E-Mail: kshrctvpm@vsnl.net Web: www.kshrc.kerala.gov.in MADHYA PRADESH HUMAN RIGHTS COMMISSION Paryavas Bhawan, Block-I, Jail Road, Bhopal (M.P.) PBX: 0755-2572034 Fax: 2574028 Tollfree: 1800-2336399 E- mail:- mphrc@sancharnet.in Web: http://www.mphrc.nic.in/ MAHARASHTRA HUMAN RIGHTS COMMISSION 9, Hajarimal Somani Marg, Near Chhatrapati Shivaji Terminus (VT), Mumbai - 400001 Ph No : 91 22 22034233 Fax : 91 22 2209 1804 Email : secretary.mshrc@maharashtra.gov.in Web: http://mshrc.maharashtra.gov.in/ MANIPUR STATE HUMAN RIGHTS COMMISSION COURTS COMPLEX, LAMPHEL, IMPHAL -795004 STD: 0385 Fax: 2410472 E-Mail: mhrc@man.nic.in ORRISA STATE HUMAN RIGHTS COMMISSION Toshali Plaza Complex (2nd Floor), Satya Nagar, P.O. Saheed Nagar, Bhubaneswar-751007, Orissa STD: 0674 Fax: 2564333/2390563

PUNJAB STATE HUMAN RIGHTS COMMISSION SCO NO. 20-21-22, SECTOR 34A, CHANDIGARH 160 034 Ph. : 91-172-3029610, 91-172-3029611, Fax 91-172-3029666 Email: pshrc.chd@gmail.com Web: http://www.pshrc.net/ RAJASTHAN STATE HUMAN RIGHTS COMMISSION 102, 120 - A, S. S. O. Building, Secretariat, Jaipur Phone: 0141-2227868 Fax: 2227738 E-Mail: rshrc@raj.nic.in Web: http://rshrc.nic.in/ STATE HUMAN RIGHTS COMMISSION, TAMIL NADU Thiruvarangam 143, P.S. Kumarasamy Raja Salai, (Greenways Road) Chennai 600 028, Tamilnadu. Phone : 91-44-2495 1484, Fax : 91-44-2495 1484 E-mail : shrc@tn.nic.in Web: http://www.shrc.tn.nic.in UTTAR PRADESH HUMAN RIGHTS COMMISSION 4/44 Vishal Khand, Gomti Nagar, Lucknow - 226010 STD: 0522 Fax: 2304513 E-Mail: uphrclko@yahoo.co.in WEST BENGAL HUMAN RIGHTS COMMISSION BHABANI BHAVAN, ALIPORE, KOLKATA-27 Phone No. 91-33-24797727/1629 Fax: 24799633 E-Mail: wbhrc@cal3.vsnl.net.in Web: www.wbhrc.nic.in

The National and the State Commission for Minorities

Prevention of ) (communal incidents

Prosecution for ) (communal offences

(Rehabilitation of victims of communal riots)

Contact Details of State Minority Commissions List of State Minorities Commissions

National Commission for Women

NATIONAL COMMISSION FOR WOMEN 4, Deen Dayal Upadhayaya Marg, New Delhi-110 002 Ph: 91-11-23237166, 23236988 Fax: 91-11-23236154 Complaints Cell: 91-11-23219750 E-mail: ncw@nic.in Web: ncw.nic.in

National Commission for Protection of Child Rights

The Chairperson NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS, 5th Floor, Chanderlok Building, 36, Janpath, New Delhi - 110 001 Ph: 011-23731583/ 23731584 (E-Mail: shantha.sinha@nic.in) Web: http://ncpcr.gov.in/

PRESS COUNCIL OF INDIA

 Provided that a relevant publication of an earlier date may be referred to in the compliant

F. No. DECLARATION I, Shri/Smt................................................................ ..........................do hereby affirm and declare as under-: (1) That to the best of my knowledge and belief I have placed all the relevant facts before the Council and that no proceedings are pending inany court of law in respect of any matter alleged in the complaint; (2) That I shall inform the Council forthwith if during the pendency of the inquiry before the Council any matter alleged in the complaint becomes the subject matter of any proceedings in a court of law.

(Signature of the complainant) Address...................................... ......................................... ....................................... .......................................... --------------------------------------------------------------------------NOTE: This declaration is required under Section 14(3) of the Press Council Act, 1978 read with Regulation 3(2) of the Press Council (Procedure for Inquiry) Regulations, 1979. The complainant is requested to sign the declaration if the matter is not sub-judice and send it back to the Council for record. Section 14(3) "Nothing in sub-section (1) shall be deemed to empower the Council to hold any inquiry into any matter in respect of which any proceeding is pending in a court of law.