Ahmedabad: The Gujarat high court on Thursday directed the State Human Rights Commission (SHRC) not to interfere in private civil disputes that are pending before civil courts, and laid down guidelines for its functioning strictly in accordance with the Protection of Human Rights Act.The HC quashed the SHRC’s proceedings in a private land dispute, terming its interference “a clear example of abuse of the legal process” and a “serious error”.Justice Niral Mehta observed, “Rights relating to private property are required to be adjudicated and resolved by a competent civil court. Therefore, such rights do not fall within the scope and ambit of the Protection of Human Rights Act, 1993. The essential requirement for any right to qualify as a ‘human right’ under the Act is that it must be guaranteed by the Constitution.”The HC further stated in the order, “This court is firmly of the opinion that the initiation of an inquiry by respondent No. 3 (SHRC) in a private dispute between two private individuals not only exceeded its jurisdiction but also amounted to the usurpation of the powers of the civil court.”The high court held that the SHRC cannot conduct inquiries or proceedings in a casual manner that defeats the object and intent of the legislature, and must ensure that a dispute falls within the scope of the Human Rights Act. “Entertaining such a complaint, issuing summons and taking cognisance can have serious consequences,” the court said.The HC also issued directions “to ensure that, in future, the powers under the Act are not abused and the process of law is not misused.”Head: Limits Outlined– Primary scrutiny must be conducted before taking suo motu cognisance or acting on a complaint– Consider NHRC regulations and check whether the complaint falls under any prohibited category– Do not entertain any complaint involving a private dispute falling within the domain of a civil court– Cognisance of a complaint must follow a preliminary inquiry with a written order – Before issuing summons, notices, or warrants, the Commission must exercise due diligence and apply its mind– Avoid unnecessary impleadment of public officials in purely private matters– Public officials must not be made parties in private disputes.– Periodically train members and staff on statutory jurisdiction limits– Ensure that the Commission functions as a protector of genuine human rights and not as an alternative forum for Civil Dispute Resolution
