• About Us
  • Privacy Policy
  • Terms of use
  • Contact Us
Friday, March 5, 2021
Law Trend
  • google-play
  • apple-store
  • Login
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
No Result
View All Result

Whether Recommendations of State Human Rights Commission are legally binding and enforceable on Authorities/ Government?

by Law Trend
February 9, 2021
in Trending Stories
3 min read
madras hc
674
SHARES
1.9k
VIEWS
Share on FacebookShare on TwitterShare via WhatsappShare via EmailPinterest

Madras High Court (Full Bench) has ruled that recommendation of State Human Rights Commission u/s 18 of Protection of Human Right Act is binding on Authority or Government.

The Bench also ruled that it is an adjudicatory order which is immediately and legally enforceable.

Questions before the Court and the Court’s Opinion

  1. The question before the Court was whether the decision made by the State Human Rights Commission u/s 18 of Protection of Human Rights Act was a recommendation or adjudicatory order capable of immediate enforcement?

Hon’ble Court opined that recommendation made by the Commission u/s 18 is binding on AuthorityAuthority or government. Government is legally obligated to forward comments on Report including the action taken or proposed to be taken to Commission as per Sub-clause e of Section 18

Therefore, the recommendation made by Commission u/s 18 was an adjudicatory order and is legally enforceable. Suppose the AuthorityAuthority or the government does not implement the order within the period mentioned in Section 18. In that case, the Commission can approach a Constitutional Court u/s 18(b) of the Act for its enforcement.

The Bench clarified that if the Commission is the petitioner before the Court u/s 18(b) of Act, then the concerned government cannot oppose such a petition unless a review is filed.

  • If the State has any discretion to avoid implementing the State Human Rights Commission’s decisions, if so, then under what circumstances?

According to the Bench, such recommendation is binding, and the State has no discretion to avoid the recommendations. In case the State is aggrieved, then the only legal remedy is to seek judicial review of the recommendation of the Commission.

  • Whether the State Human Rights Commission, while exercising its powers under sub-clause ii and iii of clause (a) of Section 18 of the Act can issue orders for recovery of compensation amount from the State to victims of human rights violation and from officers who are responsible for such a violation?

Hon’ble Court held that the Commission could order recovery of compensation from State and pay it to the victim and the State, in turn, can recover the money from officers who violated the Right. The Bench clarified that before recovering the money, the State has to issue a show-cause notice to the concerned officer(s).

  • Whether Officers of State who were found to be responsible by State Human Rights Commission for causing the violation of human rights u/s 18 of the Act are allowed to impeach such orders under Article 226 of the Constitution?

According to Bench Officers who are found to be responsible for the violation can challenge the Commission’s order by filing judicial review under the Constitution. They can also challenge the order before a competent court.

According to the Bench, since the HR commission’s recommendation is binding, the affected officer/employee can challenge the order at any stage but only on valid grounds.

Click to Read/Download Judgment

Tags: human rights commissionmadras high court

Related Posts

ott
Trending Stories

OTT content needs screening before telecast: Supreme Court Observed during the Tandav case hearing

March 5, 2021
Supreme Court New 5
Judgements

Indian companies that use foreign software have no TDS liability, and it would not amount to Royalty: SC

March 5, 2021
supreme court 2021 2
Judgements

Can Non-explanation or False Explanation by Accused U/s 313 CrpC be used to complete chain of Circumstances? SC

March 4, 2021

Advertisement

POPULAR NEWS

  • Justice Pushpa V Ganediwala lawtrend

    Bombay HC Judge who gave “Skin to Skin” POCSO Verdict loses Judgeship Confirmation

    5734 shares
    Share 2294 Tweet 1434
  • Where is the Provision of Using Advocate Sticker on Vehicle?

    5120 shares
    Share 2048 Tweet 1280
  • What is the tenure of protection granted under Anticipatory Bail? :SC 5 Judges

    4831 shares
    Share 1932 Tweet 1207
  • Air Asia Crashes Against Gaurav Taneja; Court Says Airline Suppressed Facts

    4703 shares
    Share 1881 Tweet 1176
  • Husband-Wife Take Oath as High Court Judge

    3272 shares
    Share 1309 Tweet 818
Law Trend

Rabhyaa Foundation has started this platform on values enshrined in the Preamble of the Constitution of India. The object of this platform is to create informed citizens with recent legal updates, Judgments, Legislations of Parliament and State Legislatures, and views of experts in the field of law, in plain and pointed language, for the intellectual development of citizens.
Our tag line “The Line of Law” guides that this......
Read More

Follow Us On Social Media

Subscribe to our News Letter

Sign Up for weekly newsletter to get the latest news, Updates and amazing offers delivered directly in to your inbox.

Categories

  • Trending Stories
  • Court Updates
  • Columns
  • Bare Acts and Rules
  • Online Internship
  • About Us
  • Privacy Policy
  • Terms of use
  • Contact Us

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

No Result
View All Result
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend – हिन्दी
  • Bare Acts and Rules
    • Central
    • State
      • Uttar Pradesh Acts
      • Uttar Pradesh Rules
      • Uttrakhand
      • DELHI
  • Webinar/Videos
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
  • Android App
  • IOS APP

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In