Author : Abhishek Kumar , 2nd-Year LL.B. (Hons.), Allahabad Degree College ( UNIVERSITY OF ALLAHABAD)
Introduction
The Protection of Human Rights act 1993 was enacted by the Indian parliament to provide for the establishment of the National Human Rights Commission, State Human Rights Commission and Human Rights Courts for the better protection and promotion of human rights in India. The Act came into force on 28 September 1993.
Meaning of Human Rights
According to section 2(1) of the act, human rights are rights relating to life, liberty, equality and dignity of the individual, guaranteed by the constitution of India or international covenant and enforcement by Indian courts.
Objectives of the Act
The major objectives of the Act are
1. To protect and promote human rights
2. To establish the National Human Rights Commission
3. To establish State Human Rights Commission
4. To provide for Human Rights Courts for Speedy trial of offences
5. To ensure effective remedies against human rights violations
National Human Rights Commission
Constitution ( Section 3)
The central Government constitution the NHRC consisting of
. A chairperson who has been the chief justice of India
. One member who is or has been a judge of the Supreme Court
. One member who is or has been the chief justice of a High Court
. Three members having knowledge or practical experience in human rights Functions of NHRC ( Section 12)
The Commission may
. Inquire into complaints of human rights violations
. Intervene in court proceedings involving human rights issues
. Visit jails and detention centres
. Review constitution and legal safeguards
. Study international treaties and recommend their implementation
. Promote research and awareness regarding human rights
. Encourage the efforts of NGOs working in the field of human rights
Power of the Commission ( Section 13 )
While conducting inquiries, the commission enjoys powers similar to those of a civil court, including
. Summoning and enforcing attendance of witnesses
. Examining witnesses on oath
. Discovery and production of documents
. Receiving evidence on affidavits
. Requisitioning public records
State Human Rights Commission ( Section 21- 29 )
The Act provides for the establishment of State Human Rights Commission in different states.
Their functions and powers are similar to those of the NHRC but are confined to matters under the state List and concurrent List.
Human Rights Courts ( Section 30- 31)
The State Government may specify a court of section as a Human Rights Courts for Speedy trial of offences arising out of human rights violations and appoint a Special Public Prosecutor such cases.
Important Amendments
Protection of Human Rights (Amendment) Act 2019
. Increased the number of members in NHRC
. Allowed a former Judge of the Supreme Court to become Chairperson . Including the Chief Commission for Persons with Disabilities among ex-officio members . Reduced the tenure of Chairperson and members from five years to three years
Significant of the Act
. Strengthens the protection of fundamental rights
. Provides institutional mechanisms for redress of grievances
. Promotes awareness of human rights
. Ensures accountability of public authorities
. Encourages compliance with international human rights standards
Criticism
1. The recommendation of NHRC are not binding on the government 2. Limited powers regarding armed forces
3. Delay in disposal of complaints
4. Lack of adequate resources and manpower
5. Human Rights Courts have not been effectively established in many states
Conclusion
The Protection of Human Rights Act,1993 represents a significant step in strengthening the human rights framework in india. Through the establishment of the NHRC, State Human Rights Commission and Human Rights Courts,the Act seeks to safeguard the rights to life, liberty and dignity guaranteed under the constitution. However, greater autonomy and stronger enforcement powers are required to make the Act more effective.
