Under Section 18 PHRA 1993, the NHRC has the SAME powers as a CIVIL COURT trying a suit under the CPC for inquiry purposes. After inquiry, NHRC may:
Aonly convict the wrongdoer with criminal punishment (cf. Protection of Human Rights Act 1993, Sections 13 and 18) (cf. Protection of Human Rights Act 1993, Sections 13 and 18)
Bimpose binding fines on perpetrators (cf. Protection of Human Rights Act 1993, Sections 13 and 18) (cf. Protection of Human Rights Act 1993, Sections 13 and 18)
CRECOMMEND to the concerned Government or authority for: (a) initiating proceedings for prosecution; (b) grant of immediate interim relief to victim; (c) such other action — but cannot ITSELF impose binding orders
Dindependently arrest perpetrators (cf. Protection of Human Rights Act 1993, Sections 13 and 18) (cf. Protection of Human Rights Act 1993, Sections 13 and 18)
Answer & Solution
Correct answer: C. RECOMMEND to the concerned Government or authority for: (a) initiating proceedings for prosecution; (b) grant of immediate interim relief to victim; (c) such other action — but cannot ITSELF impose binding orders
1. Section 13 PHRA gives NHRC POWERS OF A CIVIL COURT: summoning witnesses, requiring documents, receiving evidence on affidavit, etc.
2. Section 18 PHRA: after inquiry, the NHRC may take any of the following steps — (a) recommend to the concerned Government / authority the initiation of proceedings for prosecution / other action; (b) approach the Supreme Court / High Court for such directions, orders or writs; (c) recommend the Government / authority to grant immediate interim relief; (d) recommend the payment of such sum of money as compensation.
3. NHRC RECOMMENDATIONS are NOT BINDING but are persuasive; the government must respond within one month.
4. Hence option B is correct.
_Source: UDHR 1948 / ICCPR 1966 / ICESCR 1966 / CAT 1984 / CEDAW 1979 / CRC 1989 / PHRA 1993 / Constitution Part III — Protection of Human Rights Act 1993, Sections 13 and 18_
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