Unit 5- Protection of Human Rights Act-1993
Introduction
India is a party to International covenant on civil and political
rights and the International Covenant on Economic, social and
cultural rights adopted by the general assembly of United
Nations on 16 December,1966.India is a signatory to the
aforesaid conventions and the human rights embodied in the
said conventions are substantially protected by the constitution.
However, there has been growing concern about issues relating
to Human Rights in India and abroad and having regard to the
changing social realities and emerging trends in the nature of
crime and violence, Government has been reviewing the
existing laws and system of administration of justice.
The Protection of Human Rights Act
The Protection of Human Rights Act, 1993 was enforced on
28th January 1993. After having a deliberate discussion on the
subject of Human Rights Commission Bill, 1993 was introduced
in the Lok Sabha on 14.05.93 and was referred to the standing
committee of Parliament on Home Affairs .In view of urgency
of the matter, Protection of Human Rights Ordinance,1993 was
introduced on 28.09.93 by the President of India. Later, on
8.01.94, the Protection of Human Rights Act was enacted which
extends to whole of India.
In terms of Section 2 of the Protection of Human Rights Act,
1993 -“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.
Main Objectives
The main objective of protection of Human Rights Act 1993 is
protecting human beings from violations. Without Human rights
there would be either no if or a meaning less life. The rights
relating to life, liberty equality and dignity of the individual as
guaranteed by the constitution are also included in the category
of “Human Rights”. Human Rights are the rights and freedoms
of all human beings.
The purpose of securing human rights as such is to provide
protection to these rights against the abuse of power committed
by the organs of state to establish institution for the promotion
of living condition beings and for the development of their
personality and at the same time to provide effective remedial
measures for obtaining redress in the event of those rights are
violated. The act provides for establishment of National Human
Rights Commission,State Human right Commission and Human
Rights Courts which seeks to prevent and punish any gross
violation of human rights.
The key provisions of The Protection of Human rights
act ,1993
Ans. Under chapter II of the Act, the National Human Rights
Commission is defined under section 2 sub clause (c) and
established under section 3 of the Act. The Commission shall be
constituted of members as laid under provisions of section 3 sub
clause (2) which lay that there shall be a Chairperson who shall
be a retired chief justice of India, 2 members who have been a
judge in the Supreme Court and other member shall be chief
Justice of a High Court apart from this there shall be two other
members who have worked in the field of human rights. Apart
from the Commission there shall be a National Commission for
minorities and National Commission for women.
The members of Commission shall be appointed by the
President after obtaining recommendations from Prime Minister
for appointment of chairperson and the members shall be
appointed in consultation with Speaker of the House of the
People, Minister in-charge of the Ministry of Home Affairs,
Leader of the Opposition in the House of the People, Leader of
the Opposition in the Council of States and Deputy Chairman of
the Council of States. The Chairperson shall hold office till a
period of five years or till obtaining seventy years of age,
whichever is earlier and the members shall be hold office for
five years and shall be eligible for reappointment. The act also
regulates the conditions of services, salaries, allowance and
appointment of additional staff.
Chapter III of the Act deals with powers and functions of the
Commission dealt in sections 12 to 16. The commission is
granted powers to suo-motu look into matter concerning
violation of human rights. The commission shall also take action
in cases where victim has filed an application for violation of
human rights.The Commission shall be deemed to be a civil
court for all the purposes of section 195 and Chapter XXVI of
the Code of Criminal Procedure, 1973. The Commission is
bestowed with investigation powers while taking help of
government officer’s under section 14.
Chapter IV deals with the procedure after a complaint has come
into notice of Commission. The Commission shall after
receiving a notice of violation of human rights shall inquire into
the matter.
National Human Rights Commission and what are the main
functions of this commission?
Ans. Sec 3 of the Act provides that the Central Government
shall constitute a body known as the ‘National Human Rights
Commission’ to exercise powers confirmed upon and assigned
to it under the said act. The National Human Rights
Commission (NHRC) of India is an autonomous public body
constituted on 12 October 1993 under the Protection of Human
Rights Ordinance of 28 September 1993. It was given a
statutory basis by the Protection of Human Rights Act, 1993
(TPHRA). The NHRC is the national human rights institution,
responsible for the protection and promotion of human rights,
defined by the Act as “rights relating to life, liberty, equality and
dignity of the individual guaranteed by the Constitution or
embodied in the International Covenants”. The Commission
shall, perform all or any of the following functions, namely:-
1. a) Inquire, on its own initiative or on a petition presented
to it by a victim or any person on his behalf, into
complaint of-
i ) violation of human rights or abetment or
1. ii) negligence in the prevention of such violation, by a
public servant;
2. b) intervene in any proceeding involving any allegation of
violation of human rights pending before a court with the
approval of such court;
3. c) visit, under intimation to the State Government, any jail
or any other institution under the control of the State
Government, where persons are detained or lodged for
purposes of treatment, reformation or protection to study
the living condition of the inmates and make
recommendations thereon ;
4. d) review the safeguards by or under the Constitution or
any law for the time being in force for the protection of
human rights and recommend measures for their effective
implementation;
5. e) review the factors, including acts of terrorism that
inhibit the enjoyment of human rights and recommend
appropriate remedial measures;
6. f) study treaties and other international instruments on
human rights and make recommendations for their
effective implementation;
7. g) undertake and promote research in the field of human
rights;
8. h) spread human rights literacy among various sections of
society and promote awareness of the safeguards available
for the protection of these rights through publications, the
media, seminars and other available means;
9. i) encourage the efforts of non - Governmental
organizations and institutions working in the field of
human rights;
10. j) such other functions as it may consider necessary for the
promotion of human rights.
members of The National Human Rights Commission and
what are its powers?
Ans. The NHRC consists of:
A Chairperson
One Member who is, or has been, a Judge of the Supreme Court
of India
One Member who is, or has been, the Chief Justice of a High
Court
Two Members to be appointed from among persons having
knowledge of, or practical experience in, matters relating to
human rights
In addition, the Chairpersons of four National Commissions of
(1.Minorities 2.SC 3.ST 4.Women) serve as ex officio members
Section 13 of the Act provides for the powers of the
commission
Powers of a civil court while trying a suit under the Code of
Civil procedure,1908
To require any person to furnish information on such points
or matters subject to any privilege which may be claimed
by that person under any law for the time being in force.
Enter into any building or place where the commission has
reasons to believe that any document relating to the subject
matter or inquiry may be found and may seize any such
document or make extracts or copies therefrom subject to
the provisions of sec 100 of Criminal Procedure Code,1973.
Powers vested with the Commission relating to inquiries?
While inquiring into complaints under the Act, the Commission
shall have all the powers of a civil court trying a suit under the
Code of Civil Procedure, 1908, and in particular the following,
namely;
1. a) Summoning and enforcing the attendance of witnesses
and examining them on oath;
2. b) discovery and production of any document;
3. c) receiving evidence on affidavits;
4. d) requisitioning any public record or copy thereof from
any court or office;
5. e) issuing commissions for the examination of witnesses or
documents;
6. f) any other matter which may be prescribed
Types of complaints dealt by the commission and what is the
procedure of handling such complaints
The commission from its date of inception has handled various
types of complaints which include-
IN RESPECT OF POLICE ADMINISTRATION
Failure in taking action
unlawful detention
false implication
illegal arrest
Custodial violation
OTHER POLICE EXCESSES
1. Custodial deaths
2. Encounter deaths
3. Atrocities on SC and ST
4. Child Labour
5. Dowry Demand
6. Abduction, rape and murder
7. Sexual Harassment and indignity to women
8. Exploitation of women
A complaint may be in English or Hindi or any language from
the eighth schedule of the constitution
Complaints are to be self-contained
No fee is levied on complaints
Complaints may be made by any means by letter, telegram or
fax and also on the mobile number of the commission
All complaints which are received in whatever form shall
be registered and assigned a number and placed for
admission as per the special and general directions of the
chairperson not later than one week on receipt thereof.
Every attempt should be made to disclose a complete
picture of the matter leading to the complaint and the same
may be made in English or Hindi to enable the Commission
to take immediate action. To facilitate the ,;iling of the
complaints, the Commission shall, however, entertain
complaints in any language included in the Eighth Schedule
of the Constitution. It shall be open to the Commission to
ask for further information and affidavits to be filed in
support of allegations whenever considered necessary.
The commission shall have power to dismiss a complaint in
limine
Upon admission of a complaint, the commission shall have
power to inquire into the matter by it or that it should be
investigated by any authority
The secretariat shall call for reports or comments from the
Government/authority concerned giving the latter a
reasonable time therefore on every complaint on which the
Chairperson of the Commission takes a decision to either
hold an inquiry or investigation.
Regulation 8 of the National Human Rights Commission
(Procedure) Regulations, 1994
lays down the following procedure for dealing with complaints
of alleged violation 'human rights':
1. All complaints in whatever form received by the
Commission shall be registered and assigned a number and
placed for admission before a bench of two numbers
constituted for the purpose not later than two weeks of
receipt thereof. Ordinarily complaints of the following
nature are not entertainable by the Commission:
2. a) in regard to events which happened more than one year
before the making of complaints. b) with regard to matters
which are sub-judice
3. c) which are vague, anonymous or pseudonymous
4. d) which are of frivolous nature; or
5. e) those which are outside the purview of the Commission
The Commission shall after receiving a notice of violation of
human rights shall inquire into the matter. The State or Central
Government shall inform commission of any such violation
incase there is no such notice from the Government the
Commission shall suo-motu look into the matter. Where the
inquiry discloses the commission of violation of human rights or
abetment thereof by a public servant it shall notify the
government and demand compensation to complainant and
initiate proceedings against such officer. Commission may also
approach Judicial courts for any directions such as writs, orders
etc. Recommend government authorities to look into the matter
and initiate relief to victims. The commission shall make a
report on inquiry and send the same to concerned authority.
Commission under section 19 is granted special powers with
respect to human right violations made by armed forces.
State human rights commission? How is it constituted?
Ans. Section 21 of the act provides for establishment of state
Human Rights Commission headed by Chairperson who shall be
retired Chief justice of a High Court, there shall be one other
member who shall be a judge either in High Court or district
Court. The State Commission shall inquire only into matters
listed in List II and List III of seventh schedule. The chairperson
of commission shall be appointed by the Chief Minister, the
members shall be appointed by speaker of legislative assembly,
minister in charge of department of home and leader of
opposition. The members shall be appointed for a period of five
years. The state shall appoint other officers as it deems
necessary.
State Commission from time to time submits report on matters
of concern and urgency. The State Commission shall submit an
annual report to the State Government and may at any time
submit special reports on any matter which, in its opinion is of
such urgency or importance that it should not be deferred till
submission of the annual report.
(2) The State Government shall cause the annual and special
reports of the State Commission to be laid before each House of
state Legislature where it consists of two Houses, where such
Legislature consists of one House, before that House along with
a memorandum of action taken or proposed to be taken on the
recommendations of the State commission and the reasons for
non-acceptance of the recommendations if any.
The work of Human rights court under sec 30 of the act?
Ans. Human Rights court is also established under section 30 of
the Act for the purpose of providing speedy trial of offences
arising out of violation of human rights. The State Government,
with the specify for each district a Court of Session to be a
Human Rights Court. A special public prosecutor shall also be
appointed to try such cases.
Provided that nothing in this section shall apply if (a) a Court of
Session is already specified as a special court; or (b) a special
court is already constituted, for such offences under any other
law for the time being in force.
State Government by the State Commission and the State
Government shall cause the audit report to be laid, as soon as
may be after it is received, before the State Legislature.
Human Rights court is also established under section 30 of the
Act for the purpose of providing speedy trial of offences arising
out of violation of human rights. The State Government, with
the specify for each district a Court of Session to be a Human
Rights Court. A special public prosecutor shall also be
appointed to try such cases.
Provided that nothing in this section shall apply if (a) a Court of
Session is already specified as a special court; or (b) a special
court is already constituted, for such offences under any other
law for the time being in force.
