The Protection of Human Rights Act, 1993
The Protection of Human Rights Act, 1993
Background
India, being a signatory to international human rights conventions, needed a statutory mechanism to protect, promote, and monitor human rights.
The Protection of Human Rights Act, 1993 was enacted by Parliament and came into force in 1993.
The Act provides for the establishment of the National Human Rights Commission (NHRC), State Human Rights Commissions (SHRCs), and Human Rights Courts for the enforcement of human rights.
The Act aligns with Part III of the Indian Constitution, which guarantees Fundamental Rights.
Objectives of the Act
To protect and promote human rights in India.
To establish mechanisms for inquiry, investigation, and monitoring of human rights violations.
To create awareness and ensure human rights education.
To recommend measures for effective implementation of human rights laws.
Definitions (Section 2)
Human Rights: Rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in international covenants adopted by India.
Includes civil, political, economic, social, and cultural rights.
National Human Rights Commission (NHRC) – Sections 3–14
Composition
Chairperson: A former Chief Justice of India.
Members: Former judges of the Supreme Court, Chief Justices of High Courts, and persons with knowledge of human rights.
Term: 3 years or until the age of 70.
Powers
Inquire into complaints of human rights violations by public servants.
Intervene in court proceedings with permission.
Review constitutional and legal safeguards for human rights.
Promote research, literacy, and awareness about human rights.
Suo Moto Power
NHRC can take notice of human rights violations on its own, without a formal complaint.
State Human Rights Commissions (SHRCs) – Sections 21–32
Established in each state by the State Government with the approval of the NHRC.
Functions are similar to NHRC but limited to state-level issues.
Human Rights Courts – Section 30
Courts are designated by the State Government to try offenses arising from human rights violations.
Ensure speedy trial and effective justice.
Functions of NHRC / SHRC
Investigate complaints of human rights violations.
Recommend compensation to victims.
Advise the government on policies and legislation affecting human rights.
Conduct studies, seminars, and awareness programs.
Inspect jails and detention centers.
Powers of the Commission
Summon witnesses and records.
Require government officials to produce information.
Recommend prosecution of public servants in cases of human rights violations.
Limitations
NHRC and SHRC recommendations are advisory, not binding.
They primarily deal with violations by public servants, not private individuals, unless there is state involvement.
Important Case Law Related to the Act
People’s Union for Civil Liberties (PUCL) v. Union of India (1997, SC)
The Supreme Court recognized the advisory and investigatory powers of NHRC and emphasized the Commission’s role in protecting human rights.
D.K. Basu v. State of West Bengal (1997, SC)
NHRC guidelines were cited to strengthen safeguards against custodial violence, including rules for arrests, detention, and interrogation.
Nilabati Behera v. State of Orissa (1993, SC)
Highlighted state liability in human rights violations and underscored the importance of NHRC’s recommendations in awarding compensation for custodial death.
NHRC v. State of Gujarat (2002, SC)
Court acknowledged NHRC’s suo moto powers to investigate mass human rights violations during communal riots.
Significance of the Act
Provides a statutory mechanism for human rights protection in India.
Bridges the gap between constitutional rights and practical enforcement.
Strengthens India’s compliance with international human rights norms.
Helps reduce arbitrariness and abuse by public servants.
Promotes human rights education and awareness.
Conclusion
The Protection of Human Rights Act, 1993 is a landmark legislation that institutionalizes human rights protection in India.
It establishes NHRC, SHRCs, and Human Rights Courts.
While its recommendations are advisory, the Act empowers effective monitoring, investigation, and awareness.
The Act has been reinforced through various Supreme Court judgments, especially in cases involving custodial violence, state accountability, and preventive measures.
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