Archive for 2010

12

Important Provisions

1. Short Title, extent and commencement

(1) This Act may be called the protectionof Human Rihts act 1993.

(2) It shall be deemed to have come into force on the 28th day of september 1993.

2. Definitions

In this act , Unless the context Otherwise Requires-

(a) Commission " means The natioal human Rights Commission Under section:3

(b) "Human Rights" means the rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution or embodied in the International Covenants
and enforceable by courts in India.

(d) "International Convenants" means the International Convenants on civil and political
rights and the International Convenants on the economic, social and cultural rights adopted
by the General Assembly on the United Nations on the 16th December,1966.

(e) "Public Servent" Shall Have the Meaning Assigned to it in section 21 of the Indian Penal Code.

3. Constitution of a National Human Rights Commission

(1) The Central Government shall constitute a body to be Known a the National Human Rights
Commission to exercise the powers conferred upon, and to perform the functions assigned to it, under
this Act.

(2) The Commission shall consist of:

(a) a chairperson who has been a chief Justies of the Supreme Conunt,

(b) one Member who is or has been, a Judge of the Supreme Court,

(d) two members to be appointed from amongst persons having knowledge of, or practcal experience in,
matters relating to human rights.

(3) The Chairperson of the National Commission for Minorities, the National commission for the scheduled
castes and scheduled tribes and the National commission for womens shall be deemed to be members of the
commission for the discharge of functions specified in claused (b)to(j) of section 12.

(4) There shall be a Secretary-General who shall be he chief executive officer of the commission and shall
exercies such powers and discharge such functions of the committion as it may delegate to him.

(5) The headquarters of the commission may, with the previous approval of the central government, establish
offices at other plceses in India.

4.Appointment of chairperson and other member

(1) TheChairperson and the other members shall be appointed by the president by warrant

under his hand and seal. Provided that every appointed under thissub-section shall be made after obtaining the
recommendations of a committe consisting of

(a) The Prime Minister ---Chairperson

(b) Speaker of the House of the People ---Member

(d) Leader of the Opposition in the House of the people ---Member

(e) Leader of the Opposition in the Council of State ---Member

(f) Deputy Chairman of the Council of State ---Member

Provided Further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court
shall be appointed except after consultation with the Chief Justice of India.

5.Removal of a Member of the Commission

(1) Subject to provision of sub-section 2,the Chairperson or any other Member of the Commission shall
only be removed from his office by order of the president on the ground of proved misbehaviour or incapacity
after the Supreme Court, on reference being made to it by the President, has, on inquuiry held in accordance
with the procedure prescribed in that behalf by the Supreme Court,reported that the Chairperson or such
other member, as the case may be, ought on any such ground to be removed.

(2) Notwithstanding anything in sub-section (1), the President may by order remove from office the
chairperson or any other Member if the Chairperson or Member, as the case may be

(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment outside; or

(d) is of unsound mind and stands so decleared by a competent court; or

(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President
involves moral turpitude.

6. Term of Office of Members

(1) A person appointed as chairperson shall hold office for a term of five years from the date ofn which
he enters upon his office or until he attins the age of seventy years , whichever is earlier.

(2) A person appointed as a member shall hold office for a term of five years from the date ofn which he
enters upon his office and shall be eligible for re-appointment for another term of five years. Provided that
no Member shall Hold office after he has attained the age of seventy years.

(3) On ceasing to hold office, a Chairperson or a member shall be ineligible for further employment under
the Government of India or under the Government of any state.

7. Vacancies not to invalidate the proceedings of the Commission.

No act or proceeding of the commission shall be questioned or shall be invalidated merely on the
ground of existance of any vacancy or defect in the constitution of the commission.

8. Procedure to be regulated by the commission.

(1) The CommissionShall meet at such time and place as the Chairperson may think fit.

(2) The Commission shall regulate its own Procedure.

(3) All order and decision of the commission shall be be audited y the Secretary General or any
other officer of the commission duty authorised by the chairman in this behalf.

New Chair person

മനുഷ്യാവകാശ കമ്മീഷന്‍ ചെയര്‍പേഴ്സണ്‍ അഞ്ചിന് ചുമതലയേല്‍ക്കും

സംസ്ഥാന മനുഷ്യാവകാശ കമ്മീഷന്‍ ചെയര്‍പേഴ്സണായി ജസ്റിസ് ജെ.ബി.കോശി സെപ്തംബര്‍ അഞ്ചിന് രാവിലെ 11 മണിക്ക് വഴുതക്കാട് എം.പി.അപ്പന്‍ റോഡിലുള്ള കമ്മീഷന്‍ ആസ്ഥാനത്ത് ചുമതലയേല്‍ക്കും. പാറ്റ്ന ഹൈക്കോടതി ചീഫ് ജസ്റിസായിരുന്ന ജസ്റിസ് ജെ.ബി.കോശി ദില്ലി ആസ്ഥാനമായുള്ള Appellate Tribunal For Forfeited Property (ATFP) യുടെ ചെയര്‍മാനായി സേവനം അനുഷ്ഠിക്കുകയായിരുന്നു. Smugglers and Foreign Exchange Manipulators (Forfeiture of Property)Act, 1976 (SAFEMA), Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPSA) and Prevention of Money Laundering Act, 2002 (PMLA)നിയമങ്ങളുടെ കീഴില്‍ രൂപീകരിച്ച ട്രിബ്യൂണല്‍ കേന്ദ്ര ധനകാര്യ മന്ത്രാലയത്തിലെ റവന്യൂ വകുപ്പിന് കീഴിലാണ് പ്രവര്‍ത്തിക്കുന്നത്. ട്രിബ്യൂണല്‍ ചെയര്‍മാന്‍ സ്ഥാനം രാജിവച്ചാണ് മനുഷ്യാവകാശ കമ്മീഷന്‍ ചെയര്‍പേഴ്സണായി ചുമതലയേല്‍ക്കുന്നത്.

New Chair man

കെ.ബി. കോശി മനുഷ്യാവകാശ കമ്മീഷന്‍ ചെയര്‍മാന്‍ (ഫോട്ടോ)

മനുഷ്യാവകാശ കമ്മീഷന്‍ ചെയര്‍മാനായി കെ.ബി. കോശി ഓഫീസിലെത്തി ചുമതലയേല്‍ക്കുന്നു.

പോക്കുവരവ് ഫീസ് പുതുക്കി നിശ്ചയിച്ചു

പോക്കുവരവ് ഫീസ് പുനര്‍ നിര്‍ണ്ണയിച്ചു. വസ്തുവിന്റെ വിസ്തീര്‍ണ്ണത്തിന്റെ അടിസ്ഥാനത്തില്‍ പോക്കുവരവ് ഫീസ് പുതുക്കി നിശ്ചയിച്ച് ഉത്തരവായി. ഇതനുസരിച്ച് അഞ്ച് ആര്‍ വരെയുള്ള വസ്തുവിന് 25 രൂപയും അഞ്ച് ആറിന് മുകളില്‍ 20 ആര്‍ വരെ 50 രൂപയും 20 ആറിന് മുകളില്‍ 40 ആര്‍ വരെ 100 രൂപയും 40 ആറിന് മുകളില്‍ 2 ഹെക്ടര്‍വരെ 200 രൂപയും രണ്ട് ഹെക്ടറിന് മുകളില്‍ 500 രൂപയുമായിരിക്കും. ഉത്തരവിന് നവംബര്‍ ഒന്നുമുതല്‍ പ്രാബല്യമുണ്ടാവും.

സര്‍വ്വെയും ഭൂരേഖയും വകുപ്പിലെ രേഖകളുടെ വില പരിഷ്കരിച്ചു

സര്‍വ്വെയും ഭൂരേഖയും വകുപ്പില്‍ നിന്ന് നല്‍കുന്ന രേഖകളുടെ വില ചുവടെ പറയും പ്രകാരം പരിഷ്കരിച്ച് ഉത്തരവായി. ഇനം, നിലവിലുള്ള ഫീസ് (12.5 ശതമാനം ടാക്സുള്‍പ്പെടെ, പരിഷ്കരിച്ച ഫീസ്, 12.5 ശതമാനം ടാക്സ്, ആകെ തുക എന്ന ക്രമത്തില്‍. താലൂക്ക് മാപ്പ് - 225, 400, 50, 450, ജില്ലാ മാപ്പ് - 225, 400, 50, 450, ലിത്തോമാപ്പ് (മുന്‍സര്‍വ്വെ) - 225, 400, 50, 450, ബ്ളോക്ക് മാപ്പ് (റീസര്‍വ്വെ) - 225, 400, 50, 450, അളവുപ്ളാന്‍ (മുന്‍സര്‍വ്വെ) - 174, 300, 343, എഫ്.എം.ബി. റീസര്‍വ്വെ - 169, 300, 38, 338, ലാന്റ് രജിസ്റര്‍ (റീസര്‍വ്വെ) - 85, 150, 19, 169, സെറ്റില്‍മെന്റ് രജിസ്റര്‍ - 85, 150, 19, 169, കോറിലേഷന്‍ സ്റേറ്റ്മെന്റ് - 57, 100, 13, 113, ഏര്യലിസ്റ് - 28, 50, 7, 57. പുതുക്കിയ നിരക്കുകള്‍ ഡിസംബര്‍ മുതല്‍ പ്രാബല്യത്തില്‍ വരും

kerala Protocol

Punishable offence

Important Provisions

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dec 2

Document - India: Probe killing of two adivasi leaders and release detained activist in Orissa

AMNESTY INTERNATIONAL
PUBLIC STATEMENT

AI Index: ASA 20/021/2009

2 December 2009

India: Probe killing of two adivasi leaders and release detained activist in Orissa

Authorities in the eastern Indian state of Orissa must ensure independent, credible and impartial investigation into the killings of two adivasi (indigenous community) leaders by police and paramilitary personnel in Narayanpatna on 20 November 2009, Amnesty International said today.

The deceased – Singanna and Andrew Nachika – were peacefully protesting outside the Narayanpatna police station in Koraput district along with 80-100 other members of an indigenous people’s movement – Chasi Mulia Adivasi Sangh (CMAS). The protestors demanded that the police stop harassing the adivasi communities who have been campaigning for an end to illegal mining in the area.

Eyewitnesses have informed Amnesty International that the police firing began when one of the leaders, Singanna, entered the police station premises to talk with officials. Another leader, Andrew Nachika, was also shot dead and at least eight other protestors sustained bullet injuries as police and paramilitary forces continued their unprovoked firing at the unarmed and fleeing protestors.

The unnecessary use of force on adivasi protestors resulted in at least two deaths. The State authorities are obligated, under international treaties to which India is party, to respect and protect the right to life at all times.

In an attempt to trace the wounded protestors, police raided a number of villages and arrested at least 50 other adivasi CMAS supporters. Amnesty International understands that those arrested are accused of several offences including those under Section 121 (waging war against the State) and Section 124A (sedition) as the police have claimed that the CMAS has links with the banned Communist Party of India (Maoist).

A seven-member fact-finding team of social and political activists subsequently visited Narayanpatna to inquire into the killings and related arrests. Their report released at a press conference in Orissa’s capital Bhubaneswar on 27 November rejects the police claim of a CMAS-Maoist link and accuses the police officials of unnecessary use of force and arbitrary arrests. On 29 November, the police arrested one of the members of the fact-finding team, Tapan Mishra claiming that he provided arms training to the banned Maoists.

Tapan Mishra is a known activist of the Communist Party of India (Maoist-Leninist) (Kanu Sanyal group) – a recognised political party. Amnesty International understands that Tapan Mishra has no links with any armed groups and that his arrest may be politically motivated. Following this arrest, other members of the fact-finding team have expressed fears of travelling to Narayanpatna. Amnesty International is concerned that the arrest of Tapan Mishra appears to be an attempt by the State authorities to intimidate and harass those inquiring into the lethal use of force by the police at Narayanpatna.

Amnesty International urges the Government of Orissa to:

immediately order an independent, impartial and thorough investigation into the use of force by the police and ensure that any officer suspected of using force unnecessarily or excessively, including those who ordered the shooting or were otherwise responsible, is prosecuted in proceedings which meet international standards of fairness;
provide reparations to the families of those killed, and to those who suffered injuries or other harm as a result of unnecessary use of force by police;

ensure that police officials as far as possible apply non-violent means before resorting to the use of force and firearms which should be used only if other means remain ineffective, and then only to the minimum extent required, and that firearms may be used only in self-defence or the defence of others against the imminent threat of death or serious injury, and only when less extreme means are insufficient;
ensure that the right to peaceful assembly is respected and protected and that police, when fulfilling their public order duties, respect human rights as provided in international treaties to which India is a state party, and
Stop harassing, intimidating and bringing politically motivated charges against protestors and those engaged in defending human rights in Orissa.

Background

The CMAS is a social movement of Adivasi communities in south-western Orissa which has been campaigning, over the last year, against illegal mining in their lands and habitats by non-Adivasis and production and consumption of illegal liquor in the region. Since May last, the CMAS has intensified its campaign, leading to some non-Adivasi families fleeing their villages and attacks against CMAS supporters.

Universal Declearation of Human Rights

Excerpted from The Universal Declaration of Human Rights

Universal Declearation -HR

Universal Declaration of Human Rights

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, therefore,
The General Assembly,
Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

Everyone has the right to freedom of movement and residence within the borders of each State.
Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

Everyone has the right to seek and to enjoy in other countries asylum from persecution.
This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

Everyone has the right to a nationality.
No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16

Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
Marriage shall be entered into only with the free and full consent of the intending spouses.
The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17

Everyone has the right to own property alone as well as in association with others.
No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

Everyone has the right to freedom of peaceful assembly and association.
No one may be compelled to belong to an association.

Article 21

Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
Everyone has the right to equal access to public service in his country.
The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
Everyone, without any discrimination, has the right to equal pay for equal work.
Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27

Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29

Everyone has duties to the community in which alone the free and full development of his personality is possible.
In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Amnesty International

Human Right's Education Club

jobs at . . . ........... Youth Center Trivandrum - 2 months ago

കേരള സര്‍ക്കാരിന് കീഴിലുള്ള ഇന്‍സ്റിറ്റ്യൂട്ട് ഓഫ് പാര്‍ലമെന്ററി അഫയേഴ്സ്, 2012-13 അദ്ധ്യയന വര്‍ഷം സംസ്ഥാനത്തെ ഹൈസ്കൂള്‍/ഹയര്‍സെക്കന്‍ഡറി സ്കൂളുകളില്‍ ഹ്യൂമന്‍ റൈറ്റ്സ് എഡ്യൂക്കേഷന്‍ ക്ളബ് സംഘടിപ്പിക്കുവാന്‍ ഉദ്ദേശിക്കുന്നു. താത്പര്യമുള്ള സര്‍ക്കാര്‍/എയ്ഡഡ് വിദ്യാലയങ്ങള്‍ പതിനഞ്ച് ദിവസങ്ങള്‍ക്കകം ഇന്‍സ്റിറ്റ്യൂട്ടിലേക്ക് നേരിട്ട് എഴുതുകയോmail.inpa@gmail.com എന്ന വിലാസത്തില്‍ ബന്ധപ്പെടുകയോ വേണം. ഫോണ്‍ : 0471-2353926, 9746406459