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Jagran Lakecity University, Bhopal

JLU School of Law


Internship Report

A report submitted in partial fulfillment of the requirements of BBA.LLB (Hons.) Program of


JAGRAN LAKECITY UNIVERSITY, 3RDsemester
MADHYA PRADESH HUMAN RIGHTS COMMISSION
Name of the Guide:- Dr. Yash Tiwari
Period of internship:- 15th may – 4th june

Submitted by- Muskan Chanda


Name of the Programme- BBA LLB (hons.)
Date of Submission- 23rd september 2019

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ACKNOWLEDGEMENT

First of all, I would like to express my gratitude to the dean of my law school Mr.
YogendraShrivastavSir of JLU School Of Law for providing us such opportunity to do Legal
Internship Program which is the best helping hand for enhancing knowledge in practical field for
our future and the Chairperson of the Madhya Pradesh Human Rights Commission Hon’ble
Justice Narendra Kumar Jain, who provided me with the opportunity to intern in this prestigious
and exalted organisation. I’m obliged to him for bestowing me this life time opportunity to work
here in such a great professional atmosphere with intellects thatmentored me during the internship
period.
I would like to extend my gratitude towards the Hon’ble members and other officers at the
commission for their valuable inputs and diligent efforts to help me learn and grow in this
organization. I would fail in my duty I forget to thank all the officials in the commission for helping
me understand the nuances of human rights and functioning of the commission for very ground
level.

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TABLE OF CONTENT
1. DECLARATION 04

2. ABSTRACT 05
 About Human Rights
 Functions of Commission

3. INTRODUCTION 09

4. HISTORY OF HUMAN RIGHTS 10

5. MEDICAL NEGLIGENCE 16

6. THE PROTECTION OF HUMAN 17


RIGHTS ACT 1993
 State Human Rights Commission
 National Human Rights Commission

7. CASES ANALYZED 19

8. ACTIVITY DIARY 36

9. LEARNING OUTCOME 39

10. CONCLUSION 40

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11. REFERENCES 42

1. DECLARATION
I Muskan Chanda hereby declare to have undergone Internship at Madhya Pradesh Human Rights
Commission from 15-05-2019 to 04-06-2019.I confirm that the Summer Internship Report entitled
is my original work. I have not copied from any other students work or from any other sources
except where due reference or acknowledgement is made explicitly in the text, nor has any part
been written for me by another person.

Date of Submission Muskan Chanda


26-09-19 BBA LLB [ 3RD SEMESTER]

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2. ABSTRACT
The title of my project is “MEDICAL NEGLIGENCE UNDER THE PROTECTION OF HUMAN
RIGHTS ACT”. With a view to provide easy and close access to the needy victims of human
rights violations, the State Human Rights Commission was constituted in the state of Madhya
Pradesh in September 1995. Madhya Pradesh was amongst the first few States to constitute this
Commission. The Madhya Pradesh Human Rights Commission is an expression of the concern for
the protection and promotion of human rights. The Commission derives its autonomous status
inter-alia, from the method of appointing its members, their fixity of tenure and statutory
guarantees thereto, the status they have been accorded and the manner in which the staff
responsibility to the commission including its investigative agency will be appointed and conduct
themselves. The financial autonomy of the commission is spelt out in section 33 of the Act. The
Chairperson and members of the commission are appointed by the Governor on the basis or
recommendations of a committee comprising the chief minister as the chairperson, the speaker of
the legislative assembly, the minister- in- charge of the home department and the leader of
opposition in the legislative assembly as members. The MPHRC has the following constituent
Divisions: -
Law division
Investigation division
Administration division
Information and Public Relations Department

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Human Rights1
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,” says United Nations in Universal Declaration of Human Rights.
The origin of human or natural rights can be traced from the time when human being came into
existence as every human is believed to be born with certain divine rights which are more than
essential for one’s survival and leading a meaningful life. A more formal expression and outline
of such rights are seen from the time when humans started to form settlements and lead a more
social life which can be traced back to Emperor Cyrus who freed the slaves of Babylon when he
laid siege to that city. Several philosophers like Locke and Jefferson have tried to explain how the
natural rights which have existed since the start of humanity have evolved and are addressed as
human rights in more sophisticated and humane world. These include the right to life, the right to
a fair trial, freedom of speech, freedom of religion, and the right to health including a provision
for two square meals a day, proper living conditions, medicines, education and an adequate
standard of living. These human rights are the same for all people everywhere – men and women,
young and old, rich and poor, regardless of our background, where we live, what we think or what
we believe. This is what makes human rights ‘universal’.

1
SOURCE- WIKIPEDIA

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Human rights forming the basis for a persons social and personal life can be seen as an
amalgamation of all the fundamental rights which are confined in constitution of India though an
individual can see these rights as basis for their personality and behavior in society with fellow
humans. These rights forms basis of human’s personality and plays an important role in forming
their character. The implementation of human rights generally lies with the authorities in various
levels in different states on Earth. Different nations have different perspective and versions of
human rights for their citizens. They even implement the human rights indifferent manner with
various ways of checking them. Even individuals play an important role in implementation of
human rights as they are the ones who helps forming the whole framework of human rights in a
particular state or region. Human rights aim to provide certain values and securities to humans
which help them lead a meaningful and happy life. the most important ingredient that should exist
inside each individual in contemporary world is humanity or humanness. The philosophy of
humanism talks about achieving human ends and needs and luminary mentors like Martha
Nussbaum believes that the idea of the citizen as a free and dignified human being can be
established only if each human inculcates humanness within themselves. Even John Rawls'
political conception of justice involves a commitment by citizens to recognize each other as free
and equal persons within the framework of a social order conceived on the model of nation-states
can only be established if the state makes a genuine effort to help citizens grow humanness deep
inside them.

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FUNCTIONS OF THE COMMISSION2

•Inquire, Suo moto or on a petition presented to it by a victim or any person on his behalf, into
complaint of (i) Violation of human rights or abetment thereof or(ii) Negligence in the prevention
of such violation, by a public servant;
• Intervene in any proceeding involving any allegation of violation of human rights pending before
a court with the approval of such court;
•Visit, under intimation to the State Government, any jail or any other institution under the control
of the State Government, where persons are detained or lodged for purposes of treatment,
reformation or protection to study the living conditions of the inmates and make recommendations
thereon;
• Review the safeguards provided 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;
Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and
recommend appropriate remedial measures;
Undertake and promote research in the field of human rights;
• Spread human rights literacy among various sections of society and promote awareness of the
safeguards available for the protection of these rights through publications, the media, seminars
and other available means;

2
SOURCE- MPHRC TEXT BOOK

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• Encourage the efforts of non-governmental organizations and institutions working in the field of
human rights;
Such other functions as it may consider necessary for the protection of human rights.

3. INTRODUCTION

Human Rights being essential for all-round development of the personality of individuals in
society, be necessarily protected and be made available to all the individuals. Human rights are
Natural Rights, Basic Rights, Universal Rights and Legal Rights, which are universally applicable
to all without any discrimination based on Sex, Race, Religion and Region. But groups of
numerically small which cannot protect them due to domination of majority and exploitation.
Therefore, they need international and national legal support to protect their human rights. Human
rights are legal rights because it involves the implementation of rights and obligations mentioned
in international treaties and it is the corresponding duty of the state to protect the rights of human
beings. Declaration of the Human rights Defenders adopted by the General Assembly on
December 9th 1998 laid down under Article 2, Para 1, states that each state has the prime
responsibility and duty to protect, promote and implement all human rights by adopting necessary
measures. Para 2 of the above Article states that each state shall adopt necessary legislative,
administrative and other steps to ensure that the right to protect human rights effectively
guaranteed in it.

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The Rights, which are declared in Universal Declaration of Human Rights and other International
Declarations and Covenants like Civil and Political Rights and Economic Social and Cultural
Rights enumerated the basic postulates and principles of human rights in the most comprehensive
manner such as Right to life, Freedom from inhuman and degrading treatment, freedom from
slavery, Right to liberty and Security, Equality before Law, Right against all kinds discrimination,
Freedom of association and assembly, Right to Nationality, Right to Education, Right to
Environment, Right to Work, Right to Participate in Government, Right to Family and Marriage
etc… are some of the important human rights.

4. HISTORY OF HUMAN RIGHTS3


4.1 MAGNA CARTA , 1215
Magna Carta, which means ‘The Great Charter’, is one of the most important documents in
history as it established the principle that everyone is subject to the law, even the king, and
guarantees the rights of individuals, the right to justice and the right to a fair trial. King John
signing the Magna Carta
The Magna Carta was first authorised in June 1215 at Runnymede, on the River Thames, near
Windsor. Paintings depicting the signing of the document often show King John with a quill in his
hand, thought he most likely authorised the document using the Great Seal rather than a signature.
In fact, the Royal Mint has been criticised for the design on its commemorative 800th anniversary
£2 coin, which shows King John brandishing the document and a quill.
In 1215 King John agreed to the terms of the Magna Carta following the uprising of a group of
rebel barons in England.

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SOURCE- www.hrc.org

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The barons captured London in May 1215, which forced King John’s hand and caused him to
finally negotiate with the group, and the Magna Carta was created as a peace treaty between the
king and the rebels.
The whole document is written in Latin, and the original Magna Carta had 63 clauses. Today, only
three of these remain on the statute books; one defends the liberties and rights of the English
Church, another confirms the liberties and customs of London and other towns, and the third gives
all English subjects the right to justice and a fair trial. The third says:
“No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed
or exiled, or deprived of his standing in any other way, nor will we proceed with force against him,
or send others to do so, except by the lawful judgement of his equals or by the law of the land.
The Magna Carta is considered one of the first steps taken in England towards establishing
parliamentary democracy.
In the century after Henry III’s version of the Magna Carta, parliament interpreted the document’s
message as a right to a fair trial for all subjects.
During the Stuart period, and particularly in the English Civil War, the Magna Carta was used to
restrain the power of monarchs at a time when monarchs on the continent were supremely
powerful.
They are strong influences from the Magna Carta in the American Bill of Rights, written in 1791.
To this day there is a 1297 copy in the National Archives in Washington DC.
Even more recently, the basic principles of the Magna Carta are seen very clearly in the Universal
Declaration of Human Rights, penned in 1948 just after the Second World War.

4.2 AMERICAN BILL OF RIGHTS ,1791

The Bill of Rights is the first 10 Amendments to the Constitution. It spells out Americans’ rights
in relation to their government. It guarantees civil rights and liberties to the individual—like
freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers
not delegated to the Federal Government to the people or the States. And it specifies that “the
enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others
retained by the people.”

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The Bill of Rights was strongly influenced by the Virginia Declarati on of Rights,
written by George Mason. Other precursors include English documents such as the
Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts
Body of Liberties.
One of the many points of contention between Federalists, who advocated a strong
national government, and Anti-Federalists, who wanted power to remain with state and
local governments, was the Constitution’s lack of a bill of rights that would place
specific limits on government power. Federalists argued that the Constitution did not
need a bill of rights, because the people and the states kept any powers not given to the
federal government. Anti-Federalists held that a bill of rights was necessary to
safeguard individual liberty.
Madison, then a member of the U.S. House of Representatives, altered the
Constitution’s text where he thought appropriate. However, several representatives, led
by Roger Sherman, objected, saying that Congress had no authority to change the
wording of the Constitution. Therefore, Madison’s changes were presented as a list of
amendments that would follow Article VII.
The House approved 17 amendments. Of these, the Senate ap proved 12, which were
sent to the states for approval in August 1789. Ten amendments were approved (or
ratified). Virginia’s legislature was the final state legislature to ratify the amendments,
approving them on December 15, 1791.

4.3 FRENCH DECLARATION , 1789


In 1789 the people of France overthrew their monarchy and established the first French Republic.
Just six weeks after the storming of the Bastille, and barely three weeks after the abolition of
feudalism, the Declaration of the Rights of Man and of the Citizen (French: Declaration des droits
de L'Homme et du citoyen) was adopted by the National Constituent Assembly as the first step
toward writing a constitution for the Republic of France.
The Declaration proclaims that all citizens are to be guaranteed the rights of "liberty, property,
security, and resistance to oppression." It argues that the need for law derives from the fact that
"...the exercise of the natural rights of each man has only those borders which assure other
members of the society the enjoyment of these same rights." Thus, the Declaration sees law as an

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"expression of the general will," intended to promote this equality of rights and to forbid "only
actions harmful to the society." This Declaration was influenced by the US Declaration in which
the individual rights and the right of revolution were mentioned.

4.4 LEAGUE OF NATION


League of Nations, an organization for international cooperation established on January 10, 1920,
at the initiative of the victorious Allied powers at the end of World War I.
The terrible losses of World War I produced, as years went by and peace seemed no nearer, an
ever-growing public demand that some method be found to prevent the renewal of the suffering
and destruction which were now seen to be an inescapable part of modern war. So great was the
force of this demand that within a few weeks after the opening of the Paris Peace Conference in
January 1919, unanimous agreement had been reached on the text of the Covenant of the League
of Nations. Although the League was unable to fulfill the hopes of its founders, its creation was an
event of decisive importance in the history of international relations. The League was formally
disbanded on April 19, 1946; its powers and functions had been transferred to the nascentUnited
Nations.

4.5 FAILURE OF LEAGUE OF NATION


The League was supposed to present the world and encompass all countries, but many
countries never even joined the organization, of which the U.S. was the most prevalent one.
Some members only remained members for a short while, before ending their membership.
Many historians believe that if America had joined the League, there would have been a lot
more support in preventing conflicts. Other major powers such as Germany and the Soviet
Union were not allowed to join.
The international relations of member countries conflicted with the League’s requirements for
collective security.
The League didn’t have its own armed forces and depended on members to act, but none of
the member countries were ready for another war and didn’t want to provide military support.
Pacifism was a great problem: the Leagues two largest members, Britain and France, were very
reluctant to resort in sanctions and military actions.

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Disarmament was highly advocated by the League, which meant that it deprived countries that
were supposed to act with military force on its behalf when necessary from means to do so.
When countries started to attack others in order to try and expand, the League didn’t have any
power to stop them.

4.6 INTERNATIONAL LABOUR ORGANISATION


International Labour Organization (ILO), specialized agency of the United Nations (UN)
dedicated to improving labour conditions and living standards throughout the world. Established
in 1919 by the Treaty of Versailles as an affiliated agency of the League of Nations, the ILO
became the first affiliated specialized agency of the United Nations in 1946. In recognition of its
activities, the ILO was awarded the Nobel Prize for Peace in 1969.
The functions of the ILO include the development and promotion of standards for national
legislation to protect and improve working conditions and standards of living. The ILO also
provides technical assistance in social policy and administration and in workforce training; fosters
cooperative organizations and rural industries; compiles labour statistics and conducts research on
the social problems of international competition, unemployment and underemployment, labour
and industrial relations, and technological change (including automation); and helps to protect the
rights of international migrants and organized labour.

4.7 UNITED NATION CHARTER , 1945


The United Nations (UN) is an international organization created in 1945, shortly after the end of
WWII. The UN was formed by 51 countries in order to encourage resolution of international
conflicts without war and to form policies on international issues. Like most organizations, the UN
was formed in order to meet certain goals and purposes. Article I of the Charter of United Nations
specifies the purposes of the UN. The Charter of United Nations (UN Charter) is the UN's
governing document, much like the Constitution of the United States of America.
The UN Charter sets out four main purposes:
Maintaining worldwide peace and security.
Developing relations among nations.

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Fostering cooperation between nations in order to solve economic, social, cultural, or humanitarian
international problems.
Providing a forum for bringing countries together to meet the UN's purposes and goals.

4.8 UNIVERSAL DECLARATION OF HUMAN RIGHTS , 1948


The Universal Declaration of Human Rights is a historic document which outlined the rights and
freedoms everyone is entitled to. It was the first international agreement on the basic principles of
human rights
The Universal Declaration begins by recognising that ‘the inherent dignity of all members of the
human family is the foundation of freedom, justice and peace in the world’.It declares that human
rights are universal – to be enjoyed by all people, no matter who they are or where they live.
The Universal Declaration includes civil and political rights, like the right to life, liberty, free
speech and privacy. It also includes economic, social and cultural rights, like the right to social
security, health and education.
The Universal Declaration is not a treaty, so it does not directly create legal obligations for
countries.
However, it is an expression of the fundamental values which are shared by all members of the
international community. And it has had a profound influence on the development of international
human rights law. Some argue that because countries have consistently invoked the Declaration
for more than sixty years, it has become binding as a part of customary international law.Further,
the Universal Declaration has given rise to a range of other international agreements which are
legally binding on the countries that ratify them. These include
1. the International Covenant on Civil and Political Rights (ICCPR) and
2. the International Covenant on Economic, Social and Cultural Rights (ICESCR).

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5. MEDICAL NEGLIGENCE4

Medical Negligence basically is the misconduct by a medical practitioner or doctor by not


providing enough care resulting in breach of their duties and harming the patients which are their
consumers. A professional is deemed to be an expert in that field at least; a patient getting treated

4
SOURCE- ijme.in

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under any doctor surely expects to get healed and at least expects the doctor to be careful while
performing his duties. Medical negligence has caused many deaths as well as adverse results to
the patient’s health.
Moreover, the liability of the doctor cannot be invoked now and then and he can’t be held liable
just because something has gone wrong. For fastening the liability, very high degree of such
negligence was required to be proved. A doctor or a medical practitioner when attends to his
patients, owes him the following duties of care:
1. A duty of care in deciding whether to undertake the case
2. A duty of care in deciding what treatment to give
3. A duty of care in the administration of the treatment.
4. The definition involves three constituents of negligence:
i. A legal duty to exercise due care on the part of the party complained of
towards the party complaining the former's conduct within the scope of the
duty;
ii. Breach of the said duty; and
iii. Consequential damage.

6. THE PROTECTION OF HUMAN RIGHTS ACT, 1993


According to this act the definition of human rights is given under section-2(d) which is Human
rights means the rights relating to life, liberty, equality and dignity of the individuals guaranteed
by the Constitution or embodied in the International Covenants and enforceable by courts in India.
The Protection of Human Rights (Amendment) Bill, 2018 was introduced in Lok Sabha by the
Minister of State for Home Affairs, Mr. Hans raj Ahir, on August 9, 2018. The Bill amends the
Protection of Human Rights Act, 1993. The Act provides for a National Human Rights
Commission (NHRC), State Human Rights Commissions (SHRC), as well as Human Rights
Courts.

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STATE HUMAN RIGHTS COMMISSION
The Protection of Human Rights Act of 1993 provides for the creation of State Human Rights
Commission at the state level. A State Human Rights Commission can inquire into violation of
human rights related to subjects covered under state list and concurrent list in the seventh schedule
of the Indian constitution.
Composition:
Human Rights (Amendment) Act, 2006 consists of three members including a chairperson. The
chairperson should be a retired Chief Justice of a High Court.
The other members should be:
A serving or retired judge of a High Court or a District Judge in the state with a minimum of seven
years’ experience as District judge.
A person having practical experience or knowledge related to human rights.
The Governor of the state appoints the chairperson and other members on the recommendations of
a committee consisting of the Chief Minister as its head, the speaker of the Legislative Assembly,
the state home minister and the leader of the opposition in the Legislative Assembly. The chairman
and the leader of the opposition of legislative council would also be the members of the committee,
in case the state has legislative council.
The Act states that the chairperson and members of the NHRC and SHRC will hold office for five
years or till the age of seventy years, whichever is earlier. The Bill reduces the term of office to
three years or till the age of seventy years, whichever is earlier. The Bill also allows for the
reappointment of chairpersons of the NHRC and SHRCs.
The Bill provides that the central government may confer on a SHRC human rights functions being
discharged by Union Territories. Functions relating to human rights in the case of Delhi will be
dealt with by the NHRC. There is no provision of punishment which can be given to an individual
or a group of individuals if they violate the fundamental rights of anyone. The commission can
only give their recommendations against a public servant failing to fulfill his duty and not private
parties.

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7. CASES ANALYZED
7.1 Case Summary5

Place: Raisen, Raisen District, Madhya Pradesh.


Court Name: Madhya Pradesh Human Rights Commission.

5
CITATION- HRC/6357/RAISEN/15/H

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Date: 01/08/15
Procedural History
Plaintiff: News Paper Dainik Jagran 01/08/15
“मममममममममममममममममममममम” 65 Year Aziz Ullah Aka Munne Khan,
Gavoipura, Raisen
Defendant: Authorized Government Drug Center of District Hospital Raisen and Others
Facts of the Case
On 30 July, 2015 Mr. Aziz Ullah Urf Munne Aged 65-Year-Old. Resident Gavoipura,
Raisen Madhya Pradesh Reached Local Government Hospital At 9:00 PM In Very Critical
Situation.
He Was in Very Critical Situation and Escorted by The Family Members, Later the
Authority of The Govt Came in Action and Took the Care About His Health.
According to The Information, 65-Year-Old Azizullah, Who Was Undergoing Treatment
in Raisen, Was Given Two Bottles of Glucose by The Doctor, So That the Patient's
Vomiting Could Be Stopped.
However, Durga Dhurve And Nurse Omni Thomas, Posted on Duty in The District
Hospital, Put the Bottle of Glucose Bottle Given to The Animals Without Seeing It.
The Patient Munne Khan Told His Son About the Irritation of The Body, and then He Saw
the Bottle, Which He Was Very Surprised to See.The Bottle That Was Planted Is Used for
Animals; This Bottle Clearly States That This Medicine Is Not for Human Use, This
Medicine Is for Animals.
As Soon as The Information Was Received, The SDM, The Deputy Collector and All the
Government Employees Attended the Hospital to Know the Movement of The Patient.
During the Investigation, another Bottle of Animals Planted by Cartoon Packed
After Complaining About This Case, District Medical Officer Mr. Shashi Thakur
Suspended 3 People and Ordered the Inquiry Ordered to The Government and And the
Shop Operator Swadesh Nayak Has Been Expelled from Immediate Effect.

Issues
Whether There Is A Violation of Human Rights In The Said Case?
Whether the Shopkeeper and Doctor Were Negligent In Discharging Their Duty Or Not?

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Laws Applied
(As Per the Protection Of Human Rights Act 1993)
Section 13-Powers Relating to Inquiries.
The Commission Shall, While Inquiring into Complaints Under This Act, Have All the
Powers Of A Civil Court Trying A Suit Under The Code Of Civil Procedure, 1908 (5
Of 1908), And In Particular In Respect Of The Following Matters, Namely: -
Summoning and Enforcing the Attendance of Witnesses and Examining Them
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.
The Commission Shall Have Power To Require Any Person, Subject To Any Privilege
Which May Be Claimed By That Person Under Any Law For The Time Being In Force,
To Furnish Information On Such Points Or Matters As, In The Opinion Of The
Commission, May Be Useful For, Or Relevant To, The Subject Matter Of The Inquiry
And Any Person So Required Shall Be Deemed To Be Legally Bound To Furnish Such
Information Within The Meaning Of Section 176 And Section 177 Of The Indian Penal
Code (45 Of 1860).
The Commission Or Any Other Officer, Not Below The Rank Of A Gazette Officer,
Specially Authorized In This Behalf By The Commission May Enter Any Building Or
Place Where The Commission Has Reason To Believe That Any Document Relating
To The Subject Matter Of The Inquiry May Be Found, And May Seize Any Such
Document Or Take Extracts Or Copies Therefrom Subject To The Provisions Of
Section 100 Of The Code Of Criminal Procedure, 1973 (2 Of 1974), In So Far As It
May Be Applicable.
The Commission Shall Be Deemed To Be A Civil Court And When Any Offence As
Is Described In Section 175, Section 178, Section 179, Section 180 Or Section 228 Of
The Indian Penal Code (45 Of 1860) Is Committed In The View Or Presence Of The
Commission, The Commission May, After Recording The Facts Constituting The

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Offence And The Statement Of The Accused As Provided For In The Code Of Criminal
Procedure, 1973 (2 Of 1974), Forward The Case To A Magistrate Having Jurisdiction
To Try The Same And The Magistrate To Whom Any Such Case Is Forwarded Shall
Proceed To Hear The Complaint Against The Accused As If The Case Has Been
Forwarded To Him Under Section 346 Of The Code Of Criminal Procedure, 1973.
Every Proceeding Before The Commission Shall Be Deemed To Be A Judicial
Proceeding Within The Meaning Of Sections 193 And 228, And For The Purposes Of
Section 196, Of The Indian Penal Code (45 Of 1860), And The Commission Shall Be
Deemed To Be A Civil Court For All The Purposes Of Section 195 And Chapter XXVI
Of The Code Of Criminal Procedure, 1973 (2 Of 1974).
[ Where the Commission Considers It Necessary or Expedient So to Do, It May, By Order,
Transfer Any Complaint Filed or Pending Before It to The State Commission of The State
from Which the Complaint Arises, For Disposal in Accordance with The Provisions of
This Act:
Provided That No Such Complaint Shall Be Transferred Unless the Same Is One
Respecting Which the State Commission Has Jurisdiction to Entertain the Same.
Every Complaint Transferred Under Sub-Section (6) Shall Be Dealt with And
Disposed of By the State Commission as If It Were A Complaint Initially Filed Before
It.]
Section 18-Steps During and After Inquiry
The Commission May Take Any of the Following Steps During or Upon the Completion
of An Inquiry Held Under This Act, Namely: —
Where the Inquiry Discloses the Commission of Violation of Human Rights or Negligence in The
Prevention of Violation of Human Rights or Abetment Thereof by A Public Servant, It May
Recommend to The Concerned Government or Authority;
To Make Payment of Compensation or Damages to The Complainant or To the Victim or The
Members of His Family as The Commission May Consider Necessary;
1. To Initiate Proceedings for Prosecution or Such Other Suitable
2. Action as the Commission May Deem Fit against the Concerned
Person or Persons;

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3. To Take Such Further Action as It May Think Fit; Approach the
Supreme Court or the High Court Concerned for Such Directions,
Orders or Writs as That Court May Deem Necessary;
Recommend tothe Concerned Government Or Authority At Any Stage Of The Inquiry For The
Grant Of Such Immediate Interim Relief To The Victim Or The Members Of His Family As The
Commission May Consider Necessary;
Subject to the Provisions of Clause (E), Provide a Copy of The Inquiry Report to The Petitioner
or His Representative;
The Commission Shall Send A Copy Of Its Inquiry Report Together With Its Recommendations
To The Concerned Government Or Authority And The Concerned Government Or Authority
Shall, Within A Period Of One Month, Or Such Further Time As The Commission May Allow,
Forward Its Comments On The Report, Including The Action Taken Or Proposed To Be Taken
Thereon, To The Commission; (F) The Commission Shall Publish Its Inquiry Report Together
With The Comments Of The Concerned Government Or Authority, If Any, And The Action Taken
Or Proposed To Be Taken By The Concerned Government Or Authority On The
Recommendations Of The Commission.]
Conclusion
The Commission Was Questioned by The Commission for Questioning, Which Included
District Magistrate, Nurse Durga Dhurve, Amni Thomas And Owner Deshdooter Of
Hospital Dispensary, After the Interrogation, The Notice Was Also Summoned by The
Dennis Chemistry Lab, A Medication Maker in Ahmadabad And Asked for The Response.
Gaya, In Response, The Medicines Maker Told The Mistake Of The Receiver, And
Demanded That He Should Be Forgiven In A Common Mistake, And Again, They Promise
To Not Repeat The Mistake, In The Respective Matter, The Medicines Are Summoned By
The Manufacturer, Describing The Mistake Of The Transport Officer As The Commission,
Drug Maker Blacklisted By Hospital Administration
The Commission Ordered the Health Department to Arrange Separate Arrangements for
The Storage of Animals and Humans.
The Commission Also Ordered to Take Action Against the Firm and Passed Instructions
for Calling the Parent Report Within One Month.

23
7.2 Case Summary6

Place: Sehore District, Madhya Pradesh


Court: Madhya Pradesh Human Rights Commission
Department: Health

PROCEDURAL HISTORY
Complainant: Dainik Bhaskar.
Defendant: District Chief Medical & Health Officer.

FACTS OF THE CASE


On 15th of June, 2017 Khinsukhlal brought his son to the district medical hospital who had
fell into a well situated near his house while playing with his friends. The doctors present
at the hospital diagnosed the child and declared him brought dead. The doctors then moved
to the mortuary to perform post mortem on the body of the child. But there was no
conveyance present at the time in order to take the corpse of the boy from the hospital
compound to the mortuary, also there was no personnel present at that time to tend to the
corpse. In the meantime, khisukhlal in the grief of his son’s demise had to take the corpse
of his son to the mortuary in his arms. The daily newspaper Dainik Bhaskar reported this
incident on June 16th 2017 as “Doctor Sahib aapne fir kiya Maanavta ko sharmsaar”
(Doctor you put humanity to shame). The commission took cognizance of the article
published in the newspaper and ordered an inquiry into this matter.
ISSUES RAISED
Whether the Chief Medical Officer’s Office is liable for not providing proper conveyance
to the corpse.
LAWS APPLIED.
(As per the protection of human rights act 1993)

- Citation: 4097/Sehore/17
Complaint no: 201704097

24
Section 13-Powers relating to inquiries.
The Commission shall, while inquiring into complaints under this Act, have all the powers
of a civil court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), and in
particular in respect of the following matters, namely: -
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.
The Commission shall have power to require any person, subject to any privilege which
may be claimed by that person under any law for the time being in force, to furnish
information on such points or matters as, in the opinion of the Commission, may be useful
for, or relevant to, the subject matter of the inquiry and any person so required shall be
deemed to be legally bound to furnish such information within the meaning of section 176
and section 177 of the Indian Penal Code (45 of 1860).
The Commission or any other officer, not below the rank of a Gazette Officer, specially
authorized in this behalf by the Commission may enter any building or place where the
Commission has reason to believe that any document relating to the subject matter of the
inquiry may be found, and may seize any such document or take extracts or copies there
from subject to the provisions of section 100 of the Code of Criminal Procedure, 1973 (2
of 1974), in so far as it may be applicable.
The Commission shall be deemed to be a civil court and when any offence as is described
in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal
Code (45 of 1860) is committed in the view or presence of the Commission, the
Commission may, after recording the facts constituting the offence and the statement of
the accused as provided for in the Code of Criminal Procedure, 1973 (2 of 1974), forward
the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any
such case is forwarded shall proceed to hear the complaint against the accused as if the
case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.

25
Every Proceeding Before The Commission Shall Be Deemed To Be A Judicial Proceeding
Within The Meaning Of Sections 193 And 228, And For The Purposes Of Section 196, Of
The Indian Penal Code (45 Of 1860), And The Commission Shall Be Deemed To Be A
Civil Court For All The Purposes Of Section 195 And Chapter XXVI Of The Code Of
Criminal Procedure, 1973 (2 Of 1974).
[(6) Where the Commission considers it necessary or expedient so to do, it may, by order,
transfer any complaint filed or pending before it to the State Commission of the State from
which the complaint arises, for disposal in accordance with the provisions of this Act:
Provided that no such complaint shall be transferred unless the same is one respecting
which the State Commission has jurisdiction to entertain the same.
Every complaint transferred under sub-section (6) shall be dealt with and disposed of by
the State Commission as if it were a complaint initially filed before it.]

Investigation. —
The Commission may, for the purpose of conducting any investigation pertaining to the
inquiry, utilize the services of any officer or investigation agency of the Central
Government or any State Government with the concurrence of the Central Government or
the State Government, as the case may be. (2) For the purpose of investigating into any
matter pertaining to the inquiry, any officer or agency whose services are utilized under
sub-section (1) may, subject to the direction and control of the Commission,— (a) summon
and enforce the attendance of any person and examine him; (b) require the discovery and
production of any document; and (c) requisition any public record or copy thereof from
any office. (3) The provisions of section 15 shall apply in relation to any statement made
by a person before any officer or agency whose services are utilized under sub-section (1)
as they apply in relation to any statement made by a person in the course of giving evidence
before the Commission. (4) The officer or agency whose services are utilized under sub-
section (1) shall investigate into any matter pertaining to the inquiry and submit a report
thereon to the Commission within such period as may be specified by the Commission in
this behalf. (5) The Commission shall satisfy itself about the correctness of the facts stated
and the conclusion, if any, arrived at in the report submitted to it under sub-section (4) and

26
for this purpose the Commission may make such inquiry (including the examination of the
person or persons who conducted or assisted in the investigation) as it thinks fit.
Section 18-Steps during and after inquiry
he Commission may take any of the following steps during or upon the completion of an
inquiry held under this Act, namely: —
Where the inquiry discloses the commission of violation of human rights or negligence
in the prevention of violation of human rights or abetment thereof by a public servant,
it may recommend to the concerned Government or authority;
To make payment of compensation or damages to the complainant or to the victim or
the members of his family as the Commission may consider necessary;
To initiate proceedings for prosecution or such other suitable action as the Commission
may deem fit against the concerned person or persons;
To take such further action as it may think fit;
Approach the Supreme Court or the High Court concerned for such directions, orders
or writs as that Court may deem necessary;
Recommend to the concerned Government or authority at any stage of the inquiry for
the grant of such immediate interim relief to the victim or the members of his family
as the Commission may consider necessary;
Subject to the provisions of clause (e), provide a copy of the inquiry report to the
petitioner or his representative;
the Commission shall send a copy of its inquiry report together with its
recommendations to the concerned Government or authority and the concerned
Government or authority shall, within a period of one month, or such further time as
the Commission may allow, forward its comments on the report, including the action
taken or proposed to be taken thereon, to the Commission; (f) the Commission shall
publish its inquiry report together with the comments of the concerned Government or
authority, if any, and the action taken or proposed to be taken by the concerned
Government or authority on the recommendations of the Commission.]

27
CONCLUSION
The commission sent notice to the collector’s office seeking a report on the matter of mortuary
vans present in the district Hospital of Sehore and also had sent one to Chief medical and health
officer. An inquiry was conducted by the commission into this matter and it was found that
Sehore district Hospital does not have a mortuary van; instead the hospital has a stretcher that
is carried by the ward boys of the Hospital. The commission has recommended the Collector’s
Office to provide a Mortuary van to the district hospital within one month.

7.3 Case Summary7

Place: Vaidhan, Singrauli District, Madhya Pradesh.


Court Name: Madhya Pradesh Human Rights commission.
Case No. 201701191
Date: 25/02/17
Plaintiff: Mattrav Swasth Hakdari Abhiyan Jai Bhavani, Phase 2, Rohit Nagar, Madhya
Pradesh.
Defendant: Dr. Deeksha Pandey, District Government Hospital, Singrauli.
Facts of the case:

7
Citation: 1191/Bhopal/17/Recommendation
Complaint No. 201704075

28
On 17th of February, 2017 Mrs. Basanti Gupta aged 29 years old, resident of Vaidhan,
Singrauli, Madhya Pradesh reached Local Government Hospital at 08:00 A.M in critical
situation. She was pregnant and was at labor period when reached the hospital.
She was in very critical situation and was escorted by her sister Rajkumari. No men or any
other member of her family was with her. She was really poor and didn’t even have any
money with her.
The doctor checked her and stated that she couldn’t be treated by them in that hospital as
blood bank wasn’t there, facility of ultra sound was not available and even the I.C.U rooms
were not there. She referred her to N.C.L hospital as her womb couldn’t bear the pressure
and might just burst.
The doctor even stated that it was her fourth child and she had been operated before which
made her case more critical.
Mrs. Basanti Gupta then went towards the entrance of hospital and sat down near the call
center on steps. She then during the day time in open area, under the open sky delivered
the child.
While she was delivering the child, she screamed and yelled out of pain and agony she was
going through but no doctor or hospital staff walked up to help her in such critical and
sensitive situation.
Later, after the child was delivered outside on stairs the hospital staff admitted the woman
and her child. They took proper care of them and discharged both of them in healthy
condition.
A report was formed by a committee over the negligence made by the hospital and its
doctors by not discharging their duty properly. The report lime lighted many instances in
which the hospital staff was seen to be direct culprit in this whole event. It was mentioned
that there was Red card blood bank 5 kilometers away from the hospital where the
availability of blood is seen. The ultra sound machine is always outsourced by the hospital
and the need for I.C.U room wasn’t even seen. The critical situation stated by the Doctor
was also no true as the woman delivered a healthy male child outside on stairs and was still
healthy.
Issues:
Whether the human right of the aggrieved party has been violated or not?

29
Whether the staff and doctor were negligent in discharging their duty or not?

Laws Applied.
(As Per the protection of human rights act 1993)
Section 18 in the Protection of Human Rights Act, 1993
Steps during and after inquiry. —The Commission may take any of the following steps
during or upon the completion of an inquiry held under this Act, namely: —
Where the inquiry discloses the commission of violation of human rights or
negligence in the prevention of violation of human rights or abetment thereof
by a public servant, it may recommend to the concerned Government or
authority—
To make payment of compensation or damages to the complainant or to the victim or the
members of his family as the Commission may consider necessary;
to initiate proceedings for prosecution or such other suitable action as the Commission may
deem fit against the concerned person or persons;
To take such further action as it may think fit.
Approach the Supreme Court or the High Court concerned for such directions,
orders or writs as that Court may deem necessary;
Recommend to the concerned Government or authority at any stage of the
inquiry for the grant of such immediate interim relief to the victim or the
members of his family as the Commission may consider necessary;
Subject to the provisions of clause (e), provide a copy of the inquiry report to
the petitioner or his representative;
the Commission shall send a copy of its inquiry report together with its
recommendations to the concerned Government or authority and the concerned
Government or authority shall, within a period of one month, or such further
time as the Commission may allow, forward its comments on the report,
including the action taken or proposed to be taken thereon, to the Commission;
The Commission shall publish its inquiry report together with the comments of
the concerned Government or authority, if any, and the action taken or proposed

30
to be taken by the concerned Government or authority on the recommendations
of the Commission.

Section 16 in the Protection of Human Rights Act, 1993


It states that, Persons likely to be prejudicially affected to be heard. —If, at any stage of
the inquiry, the Commission—
Considers it necessary to inquire into the conduct of any person; or
Is of the opinion that the reputation of any person is likely to be prejudicially affected
by the inquiry, it shall give to the person a reasonable opportunity of being heard in the
inquiry and to produce evidence in his defense: Provided that nothing in this section
shall apply where the credit of a witness is being impeached.
Conclusion:
The commission after analyzing all the facts and situation in this case found the hospital
staff specifically Mrs. Deeksha Pandey and Mr. Umesh Singh liable for being negligent
in discharging her duty as a doctor.
The commission ordered the Madhya Pradesh health and family board to pay
compensation of Rs. 50,000 to Mrs. Basanti Gupta within 1 month as her human rights
were violated by the hospital staff. The board can proceed with an internal investigation
against the culprits and order them to recover the compensation amount which the
board is paying to aggrieved woman.
Commission even asked the board to facilitate them with the report of investigation and
steps taken up within two months. The commission reflected upon the miserable and
sad condition of government hospitals and the negligent treatment of patients by the
doctors in such helpless situations. Commission even stated that the specialists in a
particular field of medicine should be the ones taking care of the patients and not others.

7.4 Case Summary8

8
Citation: - 6338/Barwani/16
31
Place: - Barwani District, Madhya Pradesh.
Court name: - Madhya Pradesh Human Right Commission.
Date:-04-08-16

Procedural History
Plaintiff: - Suo moto cognizance from Raj express newspapers
Kasturba Girls Hostel, Budi (Patti).
Defendant: - Smt. Siru Saste
Gist of the case: - The death of a girl due to vomiting and diarrhea and due to negligence
in treatment.
Facts of the Case
The 12-year-old girls living in the hostel due to some sweets and edible stuff provided
by her father in the hostel have been suffering from nausea, vomiting and diarrhea. She
was studying in class 7. She was taken to the hostel clinic and afterwards to the
government hospital.
There she was provided with some medicines and fluid drips. The hostel warden Smt.
Siru Sas Te without prior permission of the doctor takes her back to the hostel.
In hostel, again her condition became critical and due to lack of proper treatment, she
was dead.
On investigation, it was founded that due to lack of proper treatment and negligence of
treatment the girl was dead as the hostel warden had taken her to the hostel without the
permission of the doctor.
Issues Raised
Whether there is a violation of human rights or not?
Whether the education department is responsible for the negligence in treatment?
Laws Applied
(As per the protection of human rights act 1993)
Section 18, Protection Of Human Rights Act, 1993

Case No.:- 6338


32
Steps during and after inquiry. —The Commission may take any of the following steps
during or upon the completion of an inquiry held under this Act, namely: — “
(a) Where the inquiry discloses the commission of violation of human rights or
negligence in the prevention of violation of human rights or abetment thereof by a
public servant, it may recommend to the concerned Government or authority—
(i) To make payment of compensation or damages to the complainant or to the victim
or the members of his family as the Commission may consider necessary;
(ii) To initiate proceedings for prosecution or such other suitable action as the
Commission may deem fit against the concerned person or persons;
(iii) To take such further action as it may think fit.”;
(b) Approach the Supreme Court or the High Court concerned for such directions,
orders or writs as that Court may deem necessary;
(c) Recommend to the concerned Government or authority at any stage of the inquiry
for the grant of such immediate interim relief to the victim or the members of his family
as the Commission may consider necessary;
(d) Subject to the provisions of clause (e), provide a copy of the inquiry report to the
petitioner or his representative;
(e) the Commission shall send a copy of its inquiry report together with its
recommendations to the concerned Government or authority and the concerned
Government or authority shall, within a period of one month, or such further time as
the Commission may allow, forward its comments on the report, including the action
taken or proposed to be taken thereon, to the Commission;
(f) The Commission shall publish its inquiry report together with the comments of the
concerned Government or authority, if any, and the action taken or proposed to be taken
by the concerned Government or authority on the recommendations of the Commission

Section 13, Protection Of Human Rights Act, 1993


Powers relating to inquiries. —
(1) The Commission shall, while inquiring into complaints under this Act, have all the
powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in
particular in respect of the following matters, namely: —

33
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) Discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copy thereof from any court or office;
(e) Issuing commissions for the examination of witnesses or documents;
(f) Any other matter which may be prescribed.
(2) The Commission shall have power to require any person, subject to any privilege
which may be claimed by that person under any law for the time being in force, to
furnish information on such points or matters as, in the opinion of the Commission,
may be useful for, or relevant to, the subject matter of the inquiry and any person so
required shall be deemed to be legally bound to furnish such information within the
meaning of section 176 and section 177 of the Indian Penal Code.
(3) The Commission or any other officer, not below the rank of a Gazette Officer,
specially authorized in this behalf by the Commission may enter any building or place
where the Commission has reason to believe that any document relating to the subject
matter of the inquiry may be found, and may seize any such document or take extracts
or copies there from subject to the provisions of section 100 of the Code of Criminal
Procedure, 1973, in so far as it may be applicable.
(4) The Commission shall be deemed to be a civil court and when any offence as is
described in section 175, section 178, section 179, section 180 or section 228 of the
Indian Penal Code is committed in the view or presence of the Commission, the
Commission may, after recording the facts constituting the offence and the statement
of the accused as provided for in the Code of Criminal Procedure, 1973, forward the
case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any
such case is forwarded shall proceed to hear the complaint against the accused as if the
case has been forwarded to him under section 346 of the Code of Criminal Procedure,
1973.
Every proceeding before the Commission shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228, and for the purposes of section 196, of the
Indian Penal Code, and the Commission shall be deemed to be a civil court for all the
purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

34
1[(6) Where the Commission considers it necessary or expedient so to do, it may, by
order, transfer any complaint filed or pending before it to the State Commission of the
State from which the complaint arises, for disposal in accordance with the provisions
of this Act: Provided that no such complaint shall be transferred unless the same is one
respecting which the State Commission has jurisdiction to entertain the same.
Every complaint transferred under sub-section (6) shall be dealt with and disposed of
by the State Commission as if it were a complaint initially filed before it.
Conclusion
The commission has suggested providing the compensation of RS. 1 lakh to the family
of the deceased.

8. ACTIVITY DIARY
Date Activity/assignment

35
15-05-2019 Registration, overview of the Commission,
orientation, access to library and interaction
with Honourable Member Shri Manohar
Mamtani.
16-05-2019 Study of Protection of Human Rights Act.

17-05-2019 Lecture on Meaning and Definition of


Human Rights, briefing to Mr. Sanjay
Vishwakarma, Research Officer, MPHRC,
on the same, interaction with Honourable
Chairperson Justice Narendra Kumar Jain
18-05-2019 Holiday

19-05-2019 Holiday

20-05-2019 Session with Mr. Sarabjeet Singh Member at


MPHRC.

21-05-2019 Case study of health department

22-05-2019 Lay down the facts of the case

23-05-2019 Case study of medical negligency

24-05-2019 Lay down the facts of the case

36
25-05-2019 Holiday

26-05-2019 Holiday

27-05-2019 Lecture by Dr. Sushma Sharma regarding


the preparation and framework of the project
report, interaction with Honourable member
Shri Sarabjeet Singh on Magna Carta and
English Bill of Rights, development of
questionnaire finished.
28-05-2019 Lecture by Mr Manohar Mamtani

29-05-2019 Case Study Negligence of Hospital Staff

30-05-2019 Lay down the facts of the case

31-05-2019 Case Study Death of several inmates due to


negligence of health department

01-06-2019 Lay down the facts of the case

02-06-2019 Holiday

03-06-2019 Data Compilation, analysis and preparation


of the Project report

04-06-2019 Presentation of the Project Report to the


Honourable Chairman, Deputy Secretary
and other members and officials of the

37
Commission, distribution of certificates and
group photograph.

9. Learning Outcomes
i.This internship gave me an opportunity to work for a governmental organization and know about
its working and functioning. I learnt how the complaints are received, managed and segregated by
the department.
ii. During the internship, I had the opportunity of sharpening and improving my research, reading,
and analyzing skills.
iii. It gave me a chance to interact with members of commission and students from various other
colleges. The main advantage was that not only law students were welcomed for the internships
but students from political science, medical sciences, criminology etc were welcomed.
iv. It was an enriching experience to understand the issue of Human Rights and its significance in
the contemporary world.

38
v. It most importantly taught me the significance of team work in our life. While working with the
members my group, I learnt how teamwork can help instilling sense of responsibility,
encouragement to work harder and efficiency due to division of work.
vi. This internship helped me instill some other professional learning outcomes as well like
behaving ethically, listening effectively, dressing appropriately, addressing colleagues and
superiors appropriately, adapting effectively to changing conditions, participating as a member of
a team and developing individual responsibility.

10.CONCLUSION
The Madhya Pradesh State Human Rights Commission has by and large played its role: quite
effectively and has always upheld the basic principles of human rights by promoting, protecting
and implementing human rights. Ii has investigated a number of cases involving serious human
rights violations, and submitted reports to the Government with a number of recommendations
suggesting measures to be taken to curb such human rights violations. However, the work of the
Commission is least effective, and is far from satisfactory. The following suggestions are made in
order to ensure the efficacy and efficiency of the MP State Human Rights Commission. If these
recommendations are conceded, it will strengthen MP.H.R.C. so that everyone can live with
dignity and honor in our society. With the said avowed goal in mind the researcher would like to
propose the following suggestions and recommendations.

39
To remove the weaknesses and shortcomings of the MP State Human Rights Commission, the
Protection of Human Rights Act 1993 requires urgent modification and amendment. The
Government of MP may submit recommendations for effecting amendment in the Act and prevail
upon the Union Government to affect the amendment immediately in order to strengthen the
MP.H.R.C. The recommendations are listed below.
Like a regular court the power of prosecution or order enforcement power may be granted to the
MP.H.R.C.
The narrow interpretation and limited definition given to the term 'human rights' in Section 2(d)
of the Protection of Human Rights Act 1993 may be amended so as to include those rights
enshrined in the Universal Declaration of Human Rights and in the International Covenants within
the ambit of the term 'human rights' so the MP.H.R.C. can function as an effective body.
Provision may be made to grant financial and administrative autonomy to the Commission, so as
to enable it to grant compensation to the victims of human rights violations or his/her family
members from its own fund or to realize the amount from the person or persons who are
responsible for the violation of human rights

11.BIBLIOGRPHY
Books And Texts of human rights
Human Rights: A political and cultural critique by Macau Mutua
Human Rights Act , 1993
www.wikipedia.org
www.legalservices.com
www.indiankanoon.com

40
REFERENCES
Macau Mutua. Human Rights, 8th ed. Harper Collins
https://hrln.org
https://www.wikipedia.org

41

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