The Protection of Human Rights Act 1993, the NHRC and SHRCs, AFSPA and disturbed areas, preventive-detention and counter-terror laws, the human-rights indicators, and the constitutional basis of central-force deployment
This is the CAPF-distinctive polity note. It joins the Constitution's rights framework to the law of internal security, the area the CAPF syllabus expressly tests ("regional and international security issues and human rights including its indicators") and that generic GK ignores. A candidate who knows the NHRC's composition and powers, the special rule for armed-forces complaints, AFSPA and the disturbed-area mechanism, the counter-terror and preventive-detention laws, and the constitutional basis on which the Central Armed Police Forces are deployed in a State, will collect marks that other candidates miss. This note also covers the human-rights indicators named in the syllabus. The constitutional anchors are Art 21 (life and liberty), Art 22 (preventive detention), Art 33 (restriction of the forces' rights), Art 34 (martial law) and Art 355 (the Union's duty to protect States). The standard reference is NCERT Class XI "Indian Constitution at Work" for the rights framework, the Protection of Human Rights Act, 1993, the Armed Forces (Special Powers) Act, 1958, and Laxmikanth's chapters on the NHRC and the rights provisions.
| Provision | Role in the security context |
|---|---|
| Art 21 | Life and personal liberty; the source of custodial and arrest safeguards (D K Basu, 1997) |
| Art 22 | Safeguards against arrest, and the basis for preventive-detention laws |
| Art 33 | Parliament can restrict or abrogate the Fundamental Rights of the armed forces, the paramilitary forces, the police and the intelligence agencies, for discipline and the proper discharge of duty |
| Art 34 | Restriction of rights while martial law is in force in any area, and indemnity for acts done |
| Art 352, 356, 360 | The three emergencies (see citizenship and emergency provisions) |
| Art 355 | The Union's duty to protect every State against external aggression and internal disturbance, the basis for deploying Central forces |
| Union List | Defence, the armed forces, and the deployment of any armed force of the Union in any State in aid of the civil power, and CBI matters, are Union subjects |
| State List | Public order (Entry 1) and police (Entry 2) are State subjects, so internal security is primarily a State responsibility |
This split is the heart of the federal-force question: policing is the State's job, but the Union holds the armed and paramilitary forces and bears the duty to protect the States, which is why the CAPFs are deployed within States in aid of the civil power.
| Item | Fact |
|---|---|
| Founding Act | Protection of Human Rights Act, 1993 (a statutory body, not a constitutional one) |
| Established | 1993-10-12 |
| Definition of human rights (Section 2) | Rights relating to life, liberty, equality and the dignity of the individual guaranteed by the Constitution or embodied in the international covenants and enforceable by courts in India |
| Chairperson | A person who has been a Chief Justice of India or a Judge of the Supreme Court (the eligibility was widened to a former Supreme Court judge by the 2019 amendment) |
| Members | After the 2019 amendment: the chairperson plus members, including a former or sitting High Court judge and persons with knowledge of human rights; the chairpersons of certain national commissions (such as the National Commissions for SCs, STs, Women, Minorities, Backward Classes, Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities) are deemed members |
| Term | 3 years or until the age of 70, whichever is earlier (reduced from 5 years by the 2019 amendment); eligible for reappointment |
| Appointment | By the President, on the recommendation of a six-member committee headed by the Prime Minister, with the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the Leaders of the Opposition in both Houses, and the Union Home Minister |
| Removal | By the President, on the ground of proved misbehaviour or incapacity, after a reference to the Supreme Court and an inquiry |
| Powers | Recommendatory only; it can inquire suo motu or on a complaint, summon witnesses, requisition records, visit jails and detention places, and recommend compensation and prosecution; it cannot itself punish or enforce |
| Limitation | A complaint must ordinarily be made within one year of the alleged violation |
Under Section 19 of the Protection of Human Rights Act, 1993, when a complaint concerns the armed forces, the NHRC cannot inquire on its own. It may only seek a report from the Central Government and, after considering it, make its recommendations. The Government must inform the Commission of the action taken within three months (or such further time as the Commission allows). The Act defines "armed forces" to include the naval, military and air forces and any other armed force of the Union, which covers the Central Armed Police Forces. This narrower role for forces complaints is exactly the kind of distinction CAPF examines.
State Human Rights Commissions (SHRCs) are set up by the State governments under the same Act. An SHRC is headed by a person who has been a Chief Justice or a Judge of a High Court, and its jurisdiction is limited to matters in the State List and the Concurrent List.
| Item | Fact |
|---|---|
| Law | The Armed Forces (Special Powers) Act, 1958 (a separate Armed Forces (Jammu and Kashmir) Special Powers Act, 1990, applies to that territory) |
| Trigger | An area must first be declared a "disturbed area" under the Disturbed Areas Act framework by the Governor of the State, the administrator of a Union Territory, or the Central Government |
| Powers granted | After due warning, armed-forces personnel may fire upon or otherwise use force, even to the causing of death, against a person acting in contravention of any law or carrying weapons in a disturbed area; arrest without warrant; enter and search premises; destroy arms dumps and fortified positions |
| Protection | No prosecution, suit or legal proceeding against personnel acting under the Act, except with the prior sanction of the Central Government |
| Judicial position | Upheld in Naga People's Movement of Human Rights v Union of India (1998), but with binding "do's and don'ts" and a requirement that the disturbed-area status be reviewed periodically (every six months) |
| Review committee | The Justice Jeevan Reddy Committee (2005) recommended the repeal of AFSPA and its replacement; the recommendation was not implemented |
| Human-rights concern | The immunity from prosecution and the power to use lethal force are the central criticisms |
AFSPA operates mainly in parts of the North-East; the disturbed-area notifications have been progressively reduced in recent years.
| Law | Year | Purpose |
|---|---|---|
| Preventive Detention Act | 1950 | The first preventive-detention law (lapsed in 1969) |
| Unlawful Activities (Prevention) Act (UAPA) | 1967 | Anti-terror law; ban on unlawful associations; the principal counter-terror statute today, amended in 2019 to allow designation of individuals as terrorists |
| Maintenance of Internal Security Act (MISA) | 1971 | Preventive detention; widely used during the 1975 to 1977 Emergency; repealed in 1978 |
| National Security Act (NSA) | 1980 | Preventive detention for up to 12 months |
| Terrorist and Disruptive Activities (Prevention) Act (TADA) | 1985 | Anti-terror law; lapsed in 1995 |
| Prevention of Terrorism Act (POTA) | 2002 | Anti-terror law; repealed in 2004 |
| National Investigation Agency Act | 2008 | Created the NIA after the 2008 Mumbai attacks; a central agency for the investigation of scheduled offences |
Preventive detention operates under Art 22. The constitutional position is that for preventive detention, the safeguards of Art 22(1) and (2) (information of grounds, production before a magistrate within 24 hours, right to counsel) do not apply, but detention beyond the prescribed period requires the opinion of an Advisory Board.
The syllabus expressly asks for human-rights "indicators", so know the names of the major indices and the bodies behind them.
| Indicator or index | Issuing body | What it measures |
|---|---|---|
| Human Development Index (HDI) | UNDP | Life expectancy, education and per-capita income |
| Multidimensional Poverty Index (MPI) | UNDP and OPHI | Health, education and living standards |
| Gender Inequality Index (GII) | UNDP | Reproductive health, empowerment and labour-market participation |
| Global Hunger Index (GHI) | Concern Worldwide and Welthungerhilfe | Undernourishment, child wasting, child stunting and child mortality |
| World Press Freedom Index | Reporters Without Borders (RSF) | Freedom of the press |
| Universal Declaration of Human Rights (UDHR) | UN General Assembly, adopted 1948-12-10 | The foundational human-rights instrument; 10 December is Human Rights Day |
| ICCPR and ICESCR | UN, 1966 | The two binding covenants on civil and political rights, and on economic, social and cultural rights |
| Geneva Conventions | ICRC, 1949 | The core of international humanitarian law (the law of armed conflict) |
| Paris Principles | UN, 1991 | The standards for national human-rights institutions such as the NHRC |
India observes 10 December as Human Rights Day. The NHRC was set up in 1993, the year of the UN's Vienna Declaration and Programme of Action; the Paris Principles (1991) set the standards for national human-rights institutions of this kind.
CAPF questions sometimes test the forces themselves: the year of raising, the primary mandate, and the parent ministry (the Ministry of Home Affairs for all five).
| Force | Raised | Primary mandate |
|---|---|---|
| CRPF (Central Reserve Police Force) | 1939 (renamed under the CRPF Act, 1949) | Internal security, counter-insurgency and law-and-order duties in aid of the civil power; the largest CAPF |
| BSF (Border Security Force) | 1965 | Guarding the borders with Pakistan and Bangladesh in peacetime |
| CISF (Central Industrial Security Force) | 1969 | Security of industrial undertakings, airports and other vital installations |
| ITBP (Indo-Tibetan Border Police) | 1962 | Guarding the border with China along the Himalayan frontier |
| SSB (Sashastra Seema Bal) | 1963 | Guarding the borders with Nepal and Bhutan |
The Assam Rifles (the oldest paramilitary force, raised 1835) and the NSG are also central forces, but the five above are the "CAPFs" recruited through the CAPF (AC) examination. All are under the Ministry of Home Affairs.
The National Human Rights Commission was established under which Act, and is it a constitutional or a statutory body. (a) the Constitution, constitutional (b) the Protection of Human Rights Act, 1993, statutory (c) the Human Rights Act, 1986, statutory (d) the Constitution (Sixty-fifth Amendment), constitutional. Answer (b). The NHRC is a statutory body set up under the Protection of Human Rights Act, 1993, on 1993-10-12.
Regarding NHRC inquiries into the armed forces, which statement is correct. (a) it can directly investigate and punish (b) it can only seek a report from the Central Government and make recommendations (c) it has no role at all (d) it can order a court martial. Answer (b). Under Section 19, for armed-forces complaints (which include the CAPFs) the NHRC can only seek a Central Government report and recommend.
Consider the following statements about AFSPA, 1958. (1) An area must first be declared "disturbed". (2) Personnel may use force only after due warning. (3) Prosecution of personnel needs the prior sanction of the Central Government. How many are correct. (a) one (b) two (c) three (d) none. Answer (c). All three are correct.
Match the index with its issuing body. (1) HDI (2) World Press Freedom Index (3) Global Hunger Index (4) Multidimensional Poverty Index, with bodies UNDP, RSF, Concern Worldwide, UNDP and OPHI. Answer 1-UNDP, 2-RSF, 3-Concern Worldwide, 4-UNDP and OPHI.
The constitutional duty of the Union to protect every State against external aggression and internal disturbance is contained in which Article. (a) Art 352 (b) Art 355 (c) Art 356 (d) Art 360. Answer (b). Art 355 is the basis for deploying the Central forces in a State; Art 356 is President's Rule, which may follow such a breakdown.
| Often mixed up | The correct position |
|---|---|
| NHRC constitutional vs statutory | The NHRC is statutory (Protection of Human Rights Act, 1993), not constitutional |
| NHRC powers | Recommendatory only; it cannot itself punish or enforce |
| NHRC and the forces | For armed-forces complaints it can only seek a report and recommend (Section 19) |
| NHRC vs SHRC head | NHRC: former CJI or SC judge; SHRC: former Chief Justice or Judge of a High Court |
| Art 355 vs Art 356 | Art 355 is the Union's protective duty; Art 356 is President's Rule |
| AFSPA, 1958 vs the J&K Act, 1990 | The 1958 Act applies generally (mainly the North-East); a separate 1990 Act applies to Jammu and Kashmir |
| Public order vs defence | Public order and police are State subjects; defence and the armed forces are Union subjects |
| UAPA vs NSA | UAPA (1967) is the counter-terror statute; the NSA (1980) is a preventive-detention law |