Jammu and Kashmir Protection of Human Rights Act, 1997
No: 15 Dated: Jun, 02 1997
THE JAMMU AND KASHMIR PROTECTION OF HUMAN RIGHTS ACT, 1997
(Act No. XV of 1997)
An Act to provide for the constitution of a State Human Rights Commission and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto
Be it enacted by the Jammu and Kashmir State Legislature in the Forty-eighth Year of the Republic of India as follows:-
CHAPTER-I
Preliminary
1. Short title and extent. - (1) This Act may be called the Jammu and Kashmir Protection of Human Rights Act, 1997.
(2) It extends to the whole of the State of Jammu and Kashmir.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Chairperson" means the Chairperson of the Commission;
(b) "Commission" means the State Human Rights Commission constituted under section 3;
(c) "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) "Human Rights Court" means the Human Rights Court specified under section 21;
(e) "Member" means a Member of the Commission and includes the Chairperson;
(f) "Notification" means a notification published in the Government Gazette;
(g) "Prescribed" means prescribed by rules made under this Act;
(h) Public servant" shall have the meaning assigned to it in section 21 of the Ranbir Penal Code.
CHAPTER-II
The State Human Rights Commission
3. Constitution of a State Human Rights Commission. - (1) The Government shall constitute a body to be known as the State 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 Judge of the High Court;
(b) one member who is, or has been, x x x a District Judge;
(c) three Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to Human Rights.
(3) There shall be a Secretary who shall be the Chief Executive Officer of the Commission and shall exercise such powers and discharge such functions of the Commission as it may delegate to him.
(4) The headquarters of the Commission shall be at Srinagar.
(5) The Commission shall have sub-offices at Jammu, Doda and Rajouri:
Provided that the Government may establish sub-offices at other places in the State.
(6) A member of the Commission shall hold sittings of the Commission at each sub-office.