essay on protection of human rights act 1993

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Recent News

All about protection of human rights act, 1993 by: shivani johri.

July 8, 2018:

All about Protection of Human Rights Act, 1993 By Shivani Johri (Download PDF)

The Author, Shivani Johri is a 3rd Year student of Amity Law School, Delhi. She is currently interning with LatestLaws.com.

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.

Wide ranging discussions were held at various fora such as the chief minister’s conference on Human Rights and seminars were organised in various parts of the country. As a result of which the President promulgated the protection of human rights Ordinance,1993 under article 123 of the Constitution of India on 28 th September ,1993 and further, it was replaced by Protection of Human Rights Bill,1993 in the Lok Sabha which paved way for the present act.

The National Human Rights Commission in India is an autonomous public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993.

The Act is legislated to establish the National and State Human Rights Commission. The act gives immense powers to the Commission in furtherance of prevention of violation of human rights

Q1-When did the Protection of Human Rights Act, 1993 came into force?

Ans. 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.

Q2.What do you mean by the term “Human Rights?”

Ans. 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.

Q3-What are the main objectives of The Protection of Human Rights Act,1993?

Ans. 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.

Q4 Mention in brief the historical background of the Protection of Human rights Act, 1933?

Ans. The Western countries, America in particular, criticised lndia on the violation of human rights by Indian armed forces and para-military forces, especially, in the State of Jammu and Kashmir. In the early 1990's lndia , felt the need for establishing a ÿ commission as a positive response to the criticisms of the foreign Governments in the context of political unrest and violence in Punjab, Jammu and Kashmir, the North-East and Andhra Pradesh. Though it is now a well-recognised fact that  terrorism is a serious violation of human rights. America, never missed the opportunity to criticize lndia, whenever Indian security forces sought to deal sternly with extremists and ultras.

In addition to the pressure from foreign countries, there was a strong demand from the domestic front as well for the creation of a National Hunian Rights Commission. All these led the Government to enact a law to establish a Human Rights Commission. The Government's proposal to establish the Commission was of course sudden and without due deliberations. The President of lndia on September 27, 1993 promulgated an Ordinance for the creation of a National Human Rights Commission. Justice Ranganath Mislra, the former Chief Justice of lndia, was appointed the Chairperson of the Commission on October 12, 1993. Justice M.N. Venkatachaliah, the former Chief Justice of lndia assumed office on November 26, 1996 :IS the Chairperson after the retirement of Justice Rangnath Mishra. Justice J.S Verma, the former Chief Justice of lndia became the Chairperson on November 4, 1999 when Justice Venkatachaliah attained the age of 70 years. After the retirement of Justice J.S. Verma on January 16, 2003, the former Chief Justice of lndia Justice A.S. Anand was appointed the Chairperson of the Commission.

Q5-What are 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.

Q6. What is 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:-

• 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

• ii) negligence in the prevention of such violation, by a public servant;
• b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
• 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 ;
• 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;
• e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
• f) study treaties and other international instruments on human rights and make recommendations for their effective implementation;
• g) undertake and promote research in the field of human rights;
• 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;
• i) encourage the efforts of non - Governmental organizations and institutions working in the field of human rights;
• j) such other functions as it may consider necessary for the promotion of human rights.

Q7. Who all are the 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.

Current Members

The current chairperson of the NHRC is K.G. Balakrishnan and the other members are:

Justice Shri Cyriac Joseph

Justice Shri D. Murugesan

Shri Sharad Chandra Sinha

Ex-officio Members:

Shri Wajahat Habibullah, Chairperson, National Commission for Minorities

Panna Lal (P.L.) Punia, Chairperson, National Commission for Scheduled Castes

Dr Rameshwar Oraon, Chairperson, National Commission for Scheduled Tribes

Mamta Sharma, Acting Chairperson, National Commission for Women.

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.

Q7.What powers have been 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;

• a) Summoning and enforcing the attendance of witnesses and examining them on oath;
• b) discovery and production of any document;
• c) receiving evidence on affidavits;
• d) requisitioning any public record or copy thereof from any court or office;
• e) issuing commissions for the examination of witnesses or documents;
• f) any other matter which may be prescribed

Q8 .What are the types of complaints dealt by the commission and what is the procedure of handling such complaints ?

Ans. 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

• Custodial deaths
• Encounter deaths
• Atrocities on SC and ST
• Child Labour
• Dowry Demand
• Abduction, rape and murder
• Sexual Harassment and indignity to women
• 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':

• 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:
• 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
• c) which are vague, anonymous or pseudonymous
• d) which are of frivolous nature; or
• 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.

Q9. What is the 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.

Q10.What is 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.

Q11 How does the central and state government facilitate the work of the Human rights Organisation?

Ans. The Central and State government shall provide the commission with grants of which the state and the national commission shall maintain proper accounts which shall be audited by auditor general. The Commission shall not inquire into matters pending in State Commission. The State and Central from time to time shall make rules of regulation for the commission.

Q12. Who is the Comptroller and general of India? What is his role in NHRC and State Human Rights Organisation?

Ans. The  Comptroller and Auditor General (CAG) of India  is an authority, established by Article 148 of the Constitution of India, which audits all receipts and expenditure of the Government of India and the state governments, including those of bodies and authorities substantially financed by the government. The CAG is also the  external aud i tor  of Government-owned corporations and conducts supplementary audit of government companies, i.e., any non-banking/ non-insurance company in which Union Government has an equity share of at least 51 per cent or subsidiary companies of existing government companies.

Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. The accounts of the Commission as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Commission and the Central Government shall cause the audit report to be laid as soon as may be after it is received before each House of Parliament.

The accounts of the State Commission, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the 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.

Q13 Critically analyze the work of NHRC and the recommendations made by commission to the government in December 2010.

Ans. By the end of December 2000, the Commission submitted seven reports to the Government along with a number of recommendation^^^ suggesting steps to make the. functioning of the Commission more effective for the promotion and protection of human rights. Some of the recommendations are: 1. The Commission recommended amendments to the Protection of Human Rights Act, 1993 to ensure more autonomy to the Commission so that it can grant relief to the victims or to their family members.

• The Commission recommended ratification of the 'Convention against Torture and other Forms of Cruel, Inhuman and Degrading Treatment or Punishment' adopted by the United Nations In December 1984, which came into force in June 1987.
• The Commission recommended for making reforms and educating the Police. It recommended that serious action be taken on the second report of the Police Reforms Commission, 1979 including those that suggest the insulation of the investigative function of the Police from political pressure
• Custodial crimes are particularly heinous and revolting as they reflect betrayal of trust by a public servant against defenceless persons. The Commission recommended that the Indian Prison Act of 1894 should be revised. The Commission has prepared a new 'All India Jail Manual' for making reforms in the prison system. The Commission in its 1999-2000 report recommended that in order to bring about qualitative improvement in prison administration officers of proven integrity and competence should be selected.
• The Commission expressed the view that to make people aware of their human rights there is the need for an effective movement which unfortunately is ns2t in force, in spite of the existence of a large number of N.G.Os.
• The Commission stated that one of its priorities relating to human rights is to improve the status of the Scheduled Castes and Scheduled Tribes and the minorities. The Commission opined that the nation requires a vast programme of social regeneration to deal with ancient societal wrongs
• The Commission suggested that the dialogue between policy makers, the security forces, and human rights proponents be sustained. This can contribute greatly to clarity of thought and action in dealing with insurgency and terrorism.

The National Human Rights Commission has earned considerable prestige and reputation by its suo motu action. In fact its very first action related to the Bijbehara lncident (in Jammu and Kashmir) in which there were press reports of death of about 60 civilians as a result of firing by the security forces.

In the first meeting of the Commission held on 17 November 1, 1993, it issued suo- motu notice to the Government of India seeking a report on the incident. The Commission has also handled some cases on alleged custodial deaths in such an effective manner that it has inspired the confidence of the people. For example, with regard to the case of the alleged custodial death of Madan Lal in Delhi, the Commission took cognizance of this case suo motu and appointed Sri. R.C. Chopra, a member of higher judicial services to investigate the matter.

Even though the Commission can neither render decisions like a regular court nor can its decisions be enforced like judgements, nevertheless the National Human Rights Commission cannot be branded as a weak body and is quite successful in solving major human right violations.

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Protection of Human Rights Act, 1993

This article has been written by Ziya ur Rahman Karimi of Jamia Millia Islamia, New Delhi. This article provides a detailed analysis of the Protection of Human Rights Act, 1993.

This article has been published by Sneha Mahawar .

Table of Contents

Introduction

As a member of the human family, every individual must have some rights against the state or other public authorities, and these rights are known as “human rights”. Human rights are as old as the ancient doctrine of natural rights, which is based on natural law. The term “human rights” as we know it today is a relatively new concept. They are derived from international charters and conventions enacted after World War II.

In India, the Protection of Human Rights Bill, which had already been passed by both Houses of Parliament, got the assent of the President on January 8, 1994. It was thus enacted as The Protection of Human Rights Act, 1993 .

Historical background of Protection of Human Rights Act, 1993

The first documented use of the term “human rights” can be found in the United Nations Charter, which was established after World War II in San Francisco on June 25, 1945. This charter was not legally binding. It actually defined the ideal, which would later be developed by many agencies and entities. In December 1948, the United Nations General Assembly took a significant step to ensure the protection of human rights and adopted the Universal Declaration of Human Rights . But the problem was that the UN had no mechanism for enforcing this declaration because it was not a legally enforceable covenant. 

The United Nations General Assembly aimed to address the issue by adopting two covenants for the protection of human rights in December 1965:

• the Covenant on Civil and Political Rights,, and
• the Covenant on Economic, Social, and Cultural Rights. The first established legally enforceable individual rights, while the second urged states to put them into effect through legislation. 

The two Covenants entered into force in December 1976, after being ratified by the required number of member states. Following that, at the end of 1981, many states, including India, ratified the Covenants. As a result, the ratifying states became legally bound by these covenants.

In the early 1910s, India was globally criticized for the violations of human rights by its armed forces in the state of Jammu and Kashmir. The USA and various other countries from the western world pressured the Indian government to take cognizance of the cases of human rights violations in the country. In addition to the international pressure, there was a considerable demand on the national level for such a law that would deal with the various issues related to human rights violations.

Therefore, considering the demand at the national level and as a constructive reply to the criticism of foreign countries, the Human Rights Commission Bill was first introduced in the Lok Sabha on May 14, 1992. After a deliberate discussion, the Bill was referred to the Parliament’s Standing Committee on Home Affairs.

However, in response to international and local demands, the President of India promulgated an Ordinance on September 27, 1993, that established a National Commission on Human Rights. Following that, on December 18, 1993, the Lok Sabha passed a Bill on Human Rights to replace the ordinance, and the Bill became an Act on January 8, 1994. This Act came into force on September 28th, 1993, as provided in Section 1(3) of the Act .

Thus, the commission was established by an ordinance of the President on September 27, 1993. Justice Ranganath Misha, the former Chief Justice of India, was the first chairperson of the commission, appointed on October 12, 1993.

Need for the Protection of Human Rights Act, 1993

• India is a member of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights, both of which have been ratified by the United Nations General Assembly on December 16, 1966. The Constitution substantially protects the human rights enshrined in the aforementioned Covenants. Therefore, it was the need of the hour to enact this law.
• There was a significant increase in the country and abroad on issues relating to human rights. Considering the changing social realities and emerging trends in the nature of crime and violence, the government reviewed the existing laws, procedures, and systems of justice administration with a view of bringing greater accountability and transparency to them, and developing efficient and effective methods of dealing with the situation. As a result, the government realized that the enactment of a law that specifically deals with the issues of human rights is now necessary.
• Numerous conversations were held at various fora, including the Chief Ministers’ Conference on Human Rights, seminars hosted throughout the country, and talks with leaders of major political parties. The viewpoints expressed in these discussions strongly urged the enactment of this legislation.

Scope of the Protection of Human Rights Act, 1993

Originally, it was provided in Section 1(2) of the Act that this Act applies to the whole of India and, in the case of Jammu and Kashmir, it applies to the union list and concurrent list only. However, this proviso has been omitted by Act 34 of 2019 , and effectively, now this Act extends to the whole of India.

Salient features of the Protection of Human Rights Act, 1993

• To protect human beings from violations of their rights. “Human Rights” include the right to life, liberty, equality, and dignity, as guaranteed by the constitution.
• To protect these rights from abuses of power committed by state bodies.
• To establish an organization for the advancement of existing living beings and the development of their personalities.
• To provide effective and necessary actions for securing remedies in the event of a violation of rights.
• The most significant feature of the Act is that it establishes the National Human Rights Commission , State Human Rights Commissions, and Human Rights Courts to prevent and prosecute serious human rights violations.

Important provisions of the Protection of Human Rights Act, 1993

The important provisions of the Act could be divided into four parts as follows:

• Definition of “Human Rights” [Chapter I, Sec. 2 of the Act]
• NHRC: Constitution, Functions , Power, and Procedure [Chapters II, III, & IV, Sec. 3-20]
• SHRC:  Constitution, Functions, Power and Procedure [Chapter V, Sec. 21-29]
• Human Rights Courts [Chapter VI, Sec. 30 & 31]

All of the topics listed above, including the relevant sections and case laws, will be thoroughly covered in the following.

Part I of the Act: Definition of Human Rights

Section 2(d) of the Act defines human rights as individual rights to life, liberty, equality, and dignity guaranteed by the Constitution or recognized in international covenants and enforceable by Indian courts. The abovementioned definition, however, limits the scope of the functions of the National Human Rights Commission. As a result, India ratified only the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights . However, the covenants are not directly enforceable as law in Indian courts. Therefore, under the Protection of Human Rights Act 1993, the definition of human rights is firmly limited to the fundamental rights included in Part Ill of the Constitution, which are enforceable by Indian courts.

Case laws related to the definition of “Human Rights”

Beenu rawat v. union of india (2013).

In this case , the members of the Aam Aadmi Party, while protesting against the non-registration of FIR in of rape case, were lathi-charged by the police, which resulted in injuries to the protesters.

Whether the use of force exercised by the police was unjustified and excessive and whether the act of the police violated the fundamental right to life of dignity.

The Supreme Court transferred this case to the National Human Rights Commission and in view of Section 12(a) of the Protection of Human Rights Act of 1993, the commission was asked to investigate the alleged violation of the fundamental right to life and dignity of the protesters. The court further clarified that the definition of “human rights” is broad enough to include rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution.

P.T. Munichikkanna Reddy v. Revamma (2007)

In this case , the Supreme Court declared that the right to property is now recognized to be a human right as well as a constitutional or statutory right. Human rights have traditionally been understood as individual rights, including the right to health, the right to a livelihood, the right to shelter and employment, and so on, but they are now taking on a more complex character. The right to property is likewise regarded as an important part of the new dimension. Therefore, even an adverse possession claim must be viewed from that perspective.

Facts, issues, and judgments related to this case are given below.

The appellants purchased the entire land (5 acres 25 guntas), by two different sale deeds of 1934 and 1936. However, when the appellants’ possession was sought to be disturbed by the respondent in 1988, they filed a suit claiming their title on the basis of adverse possession, stating that they had perfected their title by adverse possession as they had been in open, continuous, and hostile possession of the property, adversely to the interest of the respondent-defendant for the past 50 years, exercising the absolute right of ownership in respect of the said property. The trial court decreed the suit.

On appeal, the High Court reversed the judgment of the trial court, holding that an important ingredient of adverse possession had not been satisfied. The High Court held that important averments of adverse possession, viz., to recognise the title of the person against whom adverse possession was claimed, and to enjoy the property adverse to the title-holder’s interest after making him aware that such enjoyment was against his interest, were absent both in the pleadings as well as in the evidence. The High Court also held that the finding of the trial court that possession of the plaintiffs became adverse to the defendants between 1934 and 1936 was an error apparent on the face of the record.

Had the High Court overlooked the concept that acknowledgment of the owner’s title was not a prerequisite for claiming ownership by prescription?

The Supreme Court dismissed the appeal and awarded Rs 25,000 as damages. The court further ruled: “Adverse possession, in one sense, is based on the theory or presumption that the owner has abandoned the property to the adverse possessor on the acquiescence of the owner to the hostile acts and claims of the person in possession.”

Part II of the Act: National Human Rights Commission (NHRC)

Chapters II, III, and IV of the Act deal with the constitution, composition, and functioning of the  NHRC.

Constitution of the NHRC

The constitution of the National Human Rights Commission (NHRC) is dealt with in Chapter II of the Act. Section 3 (1) of the Act provides that the Central Government shall establish the National Human Rights Commission.

Composition of the Commission

Section 3(2), (3) & (4) of the Act provides for the composition of the Commission. Details are as follows.

Click here for a detailed list of current members of NHRC.

Headquarters of NHRC [Section 3 (5)]

Section 3(5) of the Act provides that Delhi shall be the headquarters of the Commission. However, the Commission may, with the prior approval of the Central Government, establish offices in other places in India.

Appointment of NHRC Members [Section 4]

Section 4 deals with the appointment of the Chairperson and other members. As per this section, a selection committee will recommend the candidates to the President.

The Selection Committee includes:

• Prime Minister (Chairman)
• Speaker of the Lok Sabha
• Union Home Minister
• Deputy Chairman of the Rajya Sabha
• Leaders of the Opposition in both Houses of Parliament

This section further provides that a sitting Supreme Court Judge or Chief Justice can not be appointed without consultation with the Chief Justice of India.

Case Law Related to the Appointment of Members of the NHRC

People’s Union for Civil Liberties v. Union of India (2005) was a landmark judgment. In this case, the procedure for the appointment of members of the Commission and various other issues related to the NHRC was discussed. Details of the case are as follows.

The central government appointed an ex-senior police officer who has served as the director of the CBI and was also Vice President of (Asia) Interpol, as a member of the NHRC.

The petitioner filed a writ petition and challenged this appointment.

The central government was respondent 1 in this case, and the police officer who was appointed was respondent 2.

According to the petitioner, the installation of a person who served in the police force as a member of the NHRC violates the terms of the Act, as well as the fundamental goals and objectives for which the Commission was established.

Therefore, such an appointment would impact the status of the Commission as well as its international recognition as a human rights agency.

• The question that arose before the Supreme Court was whether Section 3(2)(d) of the Act required any interpretation or construction which would exclude police officers from becoming members of the NHRC.
• The second issue was that there was a statutory error in the appointment of the second respondent because one of the six members of the selection committee did not attend the meeting.
• The third issue was that since the “ Paris Principles ” (these principles were subsequently endorsed by the UN Human Rights Council and the UN General Assembly ) prohibited the appointment of a civil servant like a police officer to such a Commission, the appointment of the second respondent, who is a former police officer, is also violative of international covenants.
• The fourth issue was that the second respondent was appointed without consulting the Chairperson of the Commission, as has been the practice since the establishment of the Commission. As a result, the appointment is invalid as per the law.

The Supreme Court dismissed the petition, holding that the clear text of Section 3(2)(d) leaves no space for interpretation because the text is quite clear. It simply means that any two people with knowledge of or practical expertise in human rights issues are eligible to serve in the Commission. This section’s straightforward language cannot be corrupted by any conclusion based on public perception or prejudice. This section does not exclude any group of people as long as they have knowledge of, or practical experience with, human rights issues, as required by the Selection Committee.  Because there is no exclusion in Section 3(2)(d) of the Act and the language is unambiguous, the Court cannot read an exclusionary clause to exclude police officers from serving on the Commission irrespective of the fact that the Act does not provide for the same.

The quorum for selection: A review of the Act reveals that no quorum has been established for the selection, that no meeting has been scheduled, and that no specific procedure has been established. Consultation by circulation is not prohibited by the Act. In such a case, the absence of one of the six members of the Selection Committee would not invalidate the decision of the other five members. Section 4(2), on the other hand, expressly states that no appointment of a chairperson or a member shall be void only because of a vacancy on the committee. There is no statutory mistake in the appointment of the second respondent because the Prime Minister, the Speaker of the House of People, the Minister in charge of the Ministry of Home Affairs in the Government of India, the Leader of the Opposition in the House of People, and the Deputy Chairman of the Council of States all agreed on it.

Declarations in international fora are not binding: The Supreme Court ruled that neither the Paris Principles nor the subsequent UN General Assembly Resolution can be brought to the level of a covenant in international law. Because the NHRC is governed by an Act of the Indian Parliament, neither the Paris Principles nor the UN General Assembly Resolution can overrule the provisions of the Protection of Human Rights Act.

Consultation with the Chairperson of NHRC for the appointment of Members of NHRC: The court ruled that there is no obligation under the Act for the Selection Committee, which is composed of high-ranking officials in this country, to communicate with the Chairman of the Commission before appointing a member. When a statute vests a function in a committee composed of such high dignitaries holding high constitutional positions, it would be unconstitutional to put the necessity of consultation with the Chairman of the Commission into the statute. The provision for the appointment of the Chairperson and other Commission members envisions a self-contained system, and no other mandatory requirement can be imported into the Act where none exists.

Tenure of office of the members [Section 6]

Section 6 of the Act provides that the Chairperson or any other member shall hold office for a term of 3 years or until they attain the age of 70 years, whichever is earlier and shall be eligible for re-appointment.

Removal of the Chairperson or any other member [Section 5]

Section 5 of the Protection of Human Rights Act, 1993, lays down the procedures and grounds for the removal of any member of the Commission.

As per this section, the Chairperson or any other member of the Commission may be removed from office only by the President on proven misbehavior or incapacity. In this case, however, the President is required to refer the matter to the Supreme Court for investigation. And, if the Supreme Court upholds the cause of removal and advises the President, the Chairperson or a member of the NHRC can be removed.

Further, the President, under the provisions of this section as mentioned above, has the authority to remove the Chairperson or any other member if he:

• is adjudged insolvent; or
• engages in any other paid employment outside the duties of his office during his term of office; or
• is unfit to continue in office due to infirmity of mind or body; or
• is of unsound mind and is so declared by a competent court; or
• is convicted and sentenced to imprisonment for an offense that, in the President’s opinion, involves moral corruption.

Functions and powers of the Commission

As per Section 12 of the Act, the functions and powers of the National Human Rights Commission are as follows:

• NHRC can investigate any complaints related to violations of Human Rights or negligence in the prevention of such violations by a public servant; either suo-moto or after receiving a petition.
• NHRC can interfere in any judicial process involving any allegation of human rights violation.
• It has the authority to visit any prison or institute under the control of the state governments to observe the living conditions of inmates. It can also make recommendations to the authorities based on its observations.
• NHRC can examine the articles of the Constitution that protect human rights and make recommendations for punitive measures.
• Examine the causes that obstruct the enjoyment of human rights, including acts of terrorism, and make recommendations for proper remedies.
• Study human rights treaties and other international instruments and make suggestions for their effective implementation.
• The Committee undertakes and promotes research in the field of human rights.
• Human Rights Literacy and awareness of the safeguards available for the protection of these rights are promoted by NHRC in various sectors of society through different media, seminars, publications, etc.
• Encourage non-governmental organizations and institutions that work in the field of human rights;
• The National Commission for Human Rights may perform any other function that it considers necessary for the promotion of human rights.

Section 13 of the Act provides that the NHRC while investigating complaints under this Act, has all of the powers of a civil court trying a case under the Code of Civil Procedure .

According to Section 14 , the Commission is authorized to employ any officer or intelligence agency of the Central Government or any State Government to conduct an investigation related to the inquiry.

Section 20 provides that the Commission is obliged to submit an annual report as well as special reports to the Central Government and state governments.

Case Law related to functions and powers of NHRC

In Paramjit Kaur v. State of Punjab (1999), the Supreme Court of India laid down some guidelines and rules regarding the functions and powers of the Commission. Details of the case are as follows.

The Union of India has filed a petition to the Supreme Court, seeking clarification of an order issued by the same Court in a Writ Petition, in which the National Human Rights Commission was asked to investigate the blatant violations of human rights on a large scale in the state of Punjab, as revealed in the CBI Report submitted to this Court (Supreme Court) in the aforementioned writ petitions.

When the matter was brought before the Commission, preliminary objections were raised regarding the jurisdiction of the Commission, citing its statutory obligations and limitations, including the prohibition on inquiring into any matter after one year from the date on which the act of the violation of human rights is said to have been committed, as set out in Section 36(2) of the Protection of Human Rights Act, 1993.

The Supreme Court, in the exercise of its jurisdiction under Article 32 of the Constitution of India, entrusted the National Human Rights Commission to deal with certain matters in the manner indicated in the course of its order. All authorities in the country are bound by the directions of the Supreme Court and have to act in aid of the Supreme Court. The National Human Rights Commission is no exception. The Commission would function pursuant to the directions issued by the Supreme Court and not under the Act under which it is constituted. In deciding the matters referred to it by the Supreme Court, the National Human Rights Commission is given a free hand and is not circumscribed by any conditions. Therefore, the jurisdiction exercised by the National Human Rights Commission in these matters is of a special nature not covered by enactment or law, and thus, acts sui generis .

Human rights Violations: landmark judgments by NHRC

The following are some of the important cases in which the NHRC intervened and formed a positive approach to prevent human rights violations.

Case One: Gujarat Riots

In this case , the National Human Rights Commission took suo-moto cognizance in response to media reports about the finding of a mass grave in Lunawada village, Panchmahal District, Gujarat. The Commission asked for a report on the matter from the State Government and the CBI.

In Gujarat, communal violence on a large scale was recorded in February and March 2002. Approximately three thousand members of the minority Muslim community were massacred, and the property was destroyed.

The Gujarat state government and police failed to take the necessary measures to avoid violence and failed to provide protection, security, and justice to Muslim minority community victims. The NHRC initiated a suo-moto inquiry into these incidents and instructed the state administration to report on the steps taken to restore calm in Gujarat. The Commission also petitioned the Supreme Court of India on behalf of the Gujarat riot victims.

Case two: Punjab mass cremations

The Supreme Court referred this case of gross violation of human rights to the NHRC. The Commission found that the bodies of these people were burned by state authorities in contempt of cremation procedures for unidentified bodies. The Commission held that the act violated the dignity of the dead and harmed the emotions and sentiments of their kin, who would have wanted to perform their last rites. Therefore, the Commission held the State of Punjab accountable and responsible for the infringement of the right to life. Accordingly, the Punjab government was directed by the NHRC to deposit Rs. 18,39,25,000/- within three months for distribution to the next of kin.

Besides this, the National Human Rights Commission also awarded compensation of Rs 1.75 lakh to the next of kin of the 1051 victims of this case of mass cremation in the state of Punjab.

Case three: starvation deaths in Orissa

The NHRC investigated complaints of starvation deaths in the Koraput, Bolangie, and Kalahandi Orissa districts.

On December 23, 1996, the Indian Council of Legal Aid and Advice and others filed a writ petition with the Supreme Court of India under Article 32 of the Constitution. On July 26, 1997, the Supreme Court of India concluded that the petitioner could approach the NHRC since this case is pending with them and they are likely to make a ruling. Recognizing the urgency of the situation, the Commission moved quickly to develop an interim measure for a two-year term and suggested that the Orissa State Government form a committee to review all land concerns. They dispatched a team to provide an update on the current situation and also appointed a special rapporteur to examine relief and rehabilitation activities.

In January 2004, the Commission held a conference with recognized specialists on the subject to discuss issues concerning the right to food. The Commission has authorized the establishment of a Core Group on the Right to Food, which will provide advice on issues raised and recommend suitable programs for the Commission to implement. In the context of India, this decision clearly confirms that economic, social, and cultural rights are recognized by the courts and the Commission in the same way as they recognize civil and political rights.

Case four-encounter deaths in Andhra Pradesh

In this case , the Andhra Pradesh Civil Liberties Committee (APCLC) complained to the NHRC regarding encounter deaths in which police killed people suspected of belonging to the People’s War Group. The police claimed that the deaths occurred as a result of armed militants resisting arrest, while the Andhra Pradesh Civil Liberties Committee insisted on extrajudicial killings that amounted to unjustified and unprovoked murders. They provided information on 285 similar cases. The NHRC reviewed six incidents involving the deaths of seven people and issued guidelines describing the procedure in relation to encountering deaths for the first time in India in 1997.

Case five: deaths due to silicosis

In this case , the National Human Rights Commission raised great concern about the deaths of tribals from Alirajpur Tehsil, Jhabua District, Madhya Pradesh, who worked as laborers in the quartz crushing plants of Godhra, Gujarat, from silicosis/silicotuberculosis. The Commission got informed of this tragedy after reading a news story titled “Death Stalks Godhra Again, in the Form of Silicon Dust” in the Indian Express on September 19, 2007. According to the report, these tribal people were exposed to silica dust at their workplaces with no protection. As per the report, around 2001 tribals have died in the last four years. The report added that those laborers who returned to their communities in Jhabua and died of silicotuberculosis in their villages received neither compensation nor retribution because they lacked formal proof to process compensation claims.

After going through the report, the Commission directed that the same be forwarded to the Chief Secretaries of Gujarat as well as the District Collectors of Panchmahal and Jhabua, for a factual report within four weeks. The Commission also dispatched a team from the Investigation Division to conduct an on-the-spot investigation.

Part III of the Act: State Human Rights Commissions (SHRC)

Chapter V, Sections 21–29, contains the provisions regarding the constitution, composition, and functioning of the SHRC.

State Human Rights Commissions are statutory, non-constitutional bodies (at the state level) involved in protecting human rights and examining violations that occur within their respective states, just like what the National Human Rights Commission does at the national level.

West Bengal was the first state in India to constitute a State Human Rights Commission, It was established on 31st January 1995. Now, As per the official information , 26 states have constituted the State Human Rights Commission. 

Click here for current updates and details regarding the chairpersons, members, and other officials of SHRCs in various states.

Constitution of SHRC

According to Section 21 of the Act, the State Government may establish a body known as the Human Rights Commission of that state.

Case Law related to the constitution of SHRC

In D.K. Basu v. State of W.B. (2015), the Supreme Court held that constituting a state Human Rights Commission is mandatory and does not depend upon the discretion of the state government.

Composition of SHRC

Section 21 of the Act provides that the State Human Rights Commission shall consist of the following:

This section further provides that the Secretary shall be the Chief Executive Officer of the State Commission.

Appointment of members of SHRC

Section 22 provides that the Governor shall appoint the Chairperson and other members of the State Commission on the recommendation of a committee consisting of the Chief Minister, the Speaker, the Minister in charge, etc. A sitting High Court judge or a district judge could be appointed only after consulting with the Chief Justice concerned.

Tenure of the office of members

Provisions regarding the term of office of the chairperson and other members of the state commission are contained in Section 24 , and it is the same as it was in the national commission. (3 years or 70 years of age, whichever is earlier, and they are also eligible for reappointment).

Scope and jurisdiction of SHRC

Subject to the principle of res judicata, the State Commission is authorized to investigate violations of human rights relating to any of the entries in Lists II and III of the Seventh Schedule of the Constitution of India.

Two or more state governments may, with the consent of a chairperson or member of a state commission, appoint such a chairperson or member of another state commission simultaneously if he consents to such appointment.

Functions and Powers of SHRC

In Bihar State Electricity Board v. Bihar State Human Rights Commission (2012), the Patna HC observed that the State Human Rights Commission has the same functions and powers within the jurisdiction of the State as the National Commission has under Section 12 of the Act.

Part IV of the Act: Human Rights Courts

Chapter VI of the Act, comprising Sections 30 and 31, makes the provisions relating to the creation of Human Rights Courts in each district.

Section 30 of the Act authorizes the State Governments, with the consent of the Chief Justice of the High Court, to establish Human Rights Courts by Notification, specifying for each District a Court of Sessions to be a Human Rights Court. In line with Section 31 of the Act, the State Government shall appoint a public prosecutor or an advocate who has been in practice as an advocate for at least seven years for the purpose of conducting matters in the Human Rights Courts. Such a person would be known as a “Special Public Prosecutor.” It is, however, to be noted that it is not mandatory for the States to create Human Rights Courts in each and every district, as Section 30 of the Act expressly uses the expression “the State Government may set up the Courts.” However, in order to provide a speedy trial of offenses arising out of violations of human rights, it is desirable that states, particularly those where human rights violations take place in large numbers, should establish such courts.

Amendments to the Protection of Human Rights Act, 1993

The Act has been amended four times till now. The list of amending acts is as follows:

The Protection of Human Rights (Amendment) Act, 2000

The act was amended to provide the power to make rules retrospectively. Section 40A was incorporated into the Act to provide for the same.

The Protection of Human Rights (Amendment) Act, 2006

In this amendment Act, a few changes were made to the structure of SHRC, like reducing the members of SHRCs and changing the eligibility criteria for membership. Likewise, this amendment Act gave some more powers to the NHRC, like the power to visit jails even without intimation to the state governments.

This amendment Act also provided that the Chairperson of the National Commission for the Scheduled Castes and the Chairperson of the National Commission for the Scheduled Tribes shall be deemed to be members of the NHRC.

Click here for the detailed list of the sub-sections that were added through this Amendment. 

The Protection of Human Rights (Amendment) Act, 2019

This amendment Act provides that a person who has served as a Supreme Court Judge, in addition to the Chief Justice of India, is qualified to be chosen as Chairperson of the Commission. It also provides to increase the Members of the Commission from two to three, including one who must be a woman,, and further includes include Chairperson of the National Commission for Backward Classes, Chairperson of the National Commission for Protection of Child Rights,, and the Chief Commissioner for Persons with Disabilities as deemed Members of the Commission.

The term of the Chairperson and Members of the Commission and State Commissions was lowered from five to three years by this amendment Act, and a person who has been a Judge of a High Court was also made eligible to be selected as Chairperson of the State Commission.

Lacune in the Protection of Human Rights Act, 1993

There are some shortcomings in the Act. They are as follows:

• The NHRC cannot penalise authorities that do not carry out its orders.
• If a complaint is filed more than one year after the event, the NHRC cannot investigate it.
• This Act makes no mention of whether judges (NHRC members) should have a proven record of human rights activism or experience or qualifications in the area.
• Dealing with human rights violations by the armed forces, the commission can simply ask for a report from the government and then provide recommendations.
• There is no statutory requirement to include academics, representatives of NGOs,, or members of civil society that have contributed towards the enhancement of human rights.
• It can only ask the authorities to approach the higher courts to provide relief to the victims. Within one month, the competent authority must either execute its recommendations or express its reasons for not doing so.
• If private entities violate human rights, the NHRC has no jurisdiction.
• It can only provide recommendations for remedies but cannot enforce them.

Suggestions

The 1993 Act compels all states to establish SHRCs and HRCs in their territories in order to achieve the goal of timely redress and remedy for all. The issue to examine is that the law does not specify how Human Rights Commissions should handle such complaints. The act makes no mention of the jurisdiction of such courts over charges alleging violations of human rights. This ambiguous and unclear aspect must be resolved by lawmakers as soon as possible so that the protection provided to human rights and the consequences of existing legislation are not frustrated.

People in India are now well aware of their constitutional rights, and this is because of the enactment of the Protection of Human Rights Act, 1993, and the establishment of the National Human Rights Commission (NHRC). The State Human Rights Commissions are also working along the same lines as the National Human Rights Commission. However, it still demands that the Special Courts/Human Rights Courts, as defined in Section 30 of the PHR Act, be continued in order to provide a speedy trial for offenses resulting from violations of human rights. Apart from that, human rights commissions in India need to be revamped if they are to truly protect human rights in the country. If the decisions and recommendations of the commission were made enforceable by the government as well, their efficacy and authority would be greatly enhanced. Misuse of laws by authorities is widely recognized as the root cause of human rights violations. Therefore, the NHRC should be provided more powers for the speedier disposal of cases.

• How are human rights defined in the Protection of Human Rights Act, 1993?

According to Section 2 of the Protection of Human Rights Act, 1993 (hereafter referred to as “the Act”), “human rights” refer to the rights of the individual to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in International Covenants and enforceable by Indian courts. The terms “International Covenants” refer to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights, both of which were ratified by the United Nations General Assembly on December 16, 1966.

• What powers have been vested with the Commission relating to inquiries?

The Commission shall have all of the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, while examining complaints under the Act, including, in particular, the following:

• Summoning and enforcing witnesses to appear and questioning them under oath;
• Document discovery and production;
• Taking affidavit evidence;
• Demanding a public document or a copy of one from any court or office;
• Appointing commissions to examine witnesses or documents;
• Any other matter that may be specified.
• Does the Commission have its own investigation team?

Yes, the Commission has its own investigation committee, led by a Director General of Police, to look into complaints of human rights violations. The Commission has the authority under the Act to use the services of any officer or investigation agency of the Central Government or any State Government. In a number of cases, the Commission has collaborated with non-governmental organizations on the investigation.

• Is the Commission autonomous?

Yes, the autonomy of commission arises, inter alia, from the method of appointing its Chairperson and Members, their fixed tenure and statutory guarantees, the status they have been accorded, and the manner in which the Commission’s staff- including its investigative agency- will be appointed and conduct themselves. Section 32 of the Act specifies the Commission’s financial independence.

The President appoints the Chairperson and Members of the Commission based on the recommendations of a committee composed of the Prime Minister as Chairperson, the Speaker of Lok Sabha, the Home Minister, the leaders of the opposition in Lok Sabha and Rajya Sabha, and the Deputy Chairman of the Rajya Sabha as Members.

•  How does the Commission inquire into complaints?

While examining complaints of violations of human rights, the Commission may ask for information or a report from the Central Government, any State Government, or any other authority or organization subordinate to it within the time specified by it; provided, however, that if the information or report is not received within the time specified by the Commission, the Commission may proceed to investigate the complaint on its own; on the other hand, if the information or report is received within the time specified by the Commission, the Commission may proceed to investigate the complaint on its own.

• What steps are open to the Commission after the inquiry?

Step – I: If the inquiry reveals the commission of a human rights violation or negligence in the prevention of a human rights violation by a public servant, the Commission may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission deems appropriate against the concerned person or persons.

Step – II: Appeal to the Supreme Court or the respective High Court for any required directives, orders, or writs.

Step – III: Recommend to the concerned government or authority that the victim or members of his family be granted such urgent interim treatment as the Commission considers appropriate.

• What procedure is prescribed under the Act with respect to armed forces?

The Commission may seek a report from the Central Government on its own initiative or in response to petitions filed with it alleging human rights breaches by military forces. After receiving the report, it may decide not to pursue the complaint or, in some cases, offer recommendations to the government. According to the Act, the Central Government must notify the Commission of any action taken in response to the recommendations within three months, or within such further time as the Commission may allow. It is also provided that the Commission shall publish its report, as well as its recommendations to the Central Government and the measures taken by that government in response to those recommendations. The petitioner will also receive a copy of the published report.

• Can the complaint be in any language?

They may be in Hindi, Urdu, English,, or in any language included in the Eighth Schedule of the Constitution. The complaints should be self-contained. The filing of a complaint is free of charge. When it considers it necessary, the Commission may ask for more information and affidavits in support of claims. The Commission may, at its discretion, accept telegraphic complaints as well as complaints transmitted via FAX or email. Complaints can also be made via the mobile telephone number of the Commission.

• What kinds of complaints are not entertained by the Commission?

Ordinarily, the Commission does not entertain complaints of the following types:

• complaints pertaining to events that occurred more than one year prior to the filing of the complaints;
• Matters that are under-judice;
• matters that are vague, anonymous, or pseudonymous; d) Which are of frivolous nature
• pertaining to service matters.
• What is the responsibility of the authorities/states/central governments to which reports/recommendations have been sent by the Commission?

In the case of general complaints, the authorities/State Government/Central Government must respond to the Commission’s report and recommendations within one month, and in the case of complaints involving the armed forces, within three months.

• What are the kinds of issues on which complaints have been received?

The Commission has dealt with a diverse variety of complaints since its establishment. The following are the most common types of complaints that the commission has received in the recent period:

• Failure to take action (in respect of administration)
• Unlawful detention
• False implication
• Custodial violence
• Illegal arrest
• Custodial deaths
• Encounter deaths
• Harassment of prisoners; jail conditions
• Atrocities on SCs and STs
• Bonded labour, child labour
• Child marriage
• Communal violence
• Dowry death or its attempt; dowry demand
• Abduction, rape and murder
• Sexual harassment and indignity to women, exploitation of women
• Numerous other complaints which cannot be categorized, have also been taken up.
• What has been the focus of the work of the Commission?

Inquiring into complaints is one of the major activities of the Commission. Individual complaints have led the Commission to the generic issues involved in violations of human rights in several instances, allowing it to approach the relevant authorities for systemic improvements.

However, the Commission actively seeks out matters of relevance in human rights, either on its own initiative or when brought to its attention by civil society, the media, concerned individuals, or expert consultants. Its primary objective is to strengthen the extension of human rights to all sectors of society, particularly disadvantaged groups.

• What are the major initiatives of Human Rights Commissions?
• Civil Liberties.
• Review of statutes such as the Terrorist and Disruptive Activities Act and the Prevention of Terrorism Bill (draught), 2000, were reviewed by the commission.
• Human rights protection in regions of insurgency and terrorism.
• Guidelines to prevent police officers from abusing their power to arrest.
• Formation of Human Rights Cells in State/City Police Headquarters.
• Measures to check custodial deaths, rape, and torture.
• Commitment to the Convention Against Torture, as well as Additional Protocols to the Geneva Conventions.
• The adoption of a refugee law for the country is now being discussed.
• Systemic improvements in police, prisons, and other detention centers.
• Take a visit to prisons, mental hospitals, and other such institutions.
• Review of legislation, implementation of treaties, and international human rights instruments.
• Economic, Social & Cultural Rights.
• The abolition of bonded labour and child labour issues concerning the right to food.
• Prevention of maternal anemia and congenital mental disabilities In the child.
• Human Rights of Persons Affected by HIV/AIDS.
• Public health as a human rights issue.
• Rights of the vulnerable groups.
• Rights of women and children, minorities, scheduled castes, and scheduled tribes.
• Rights of people displaced by mega projects.
• People affected by severe disasters such as the Orissa super-cyclone and the Gujarat earthquake.
• Under a Supreme Court mandate, they monitor the functioning of the mental hospitals at Ranchi, Agra, and Gwalior, as well as the Agra Protection Home.
• Action Research on Trafficking.
• Promotion and protection of the rights of the disabled.
• Rights of Denotified and Nomadic Tribes.
• Welfare of the destitute widows of Vrindavan.
• Elimination of manual scavenging
• Promotion of human rights literacy and awareness in the educational system and in society more widely.
• Human rights training and education for the military forces and police, as well as for public officials, civil society, and students.
• Research through well-known academic institutions and NGOs on various issues relating to human rights.
• Research on various human rights issues through well-known academic institutions and non-governmental organizations (NGOs).
• Consultation with NGOs and experts/specialists on issues related to human rights.
• Who is the current chairman of the National Human Rights Commission of India?

The current chairperson of the National Human Rights Commission is Shri Justice Arun Kumar Mishra, who entered office on June 2, 2021.

• Where is the commission (NHRC) located and what are its contact numbers?

National Human Rights Commission

Manav Adhikar Bhawan Block-C,

GPO Complex, INA, New Delhi-110023

Facilitation Center (Madad): (011) 24651330, 24663333

Fax No. (011) 24651332

Web site: www.nhrc.nic.in

• Universal Publications’ The Protection of Human Rights, 1993 Bare Act
• https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3761174
• https://nhrc.nic.in/sites/default/files/Unit_2.pdf
• https://www.mha.gov.in/MHA1/Par2017/pdfs/par2018-pdfs/ls-18122018/1194.pdf
• https://police.py.gov.in/NHRC%20-%20National%20Human%20Rights%20Commission/The%20Protection%20of%20Human%20Rights%20Act%201993.PDF

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SANSAD TV: 75 YEARS- LAWS THAT SHAPED INDIA- THE PROTECTION OF HUMAN RIGHTS ACT, 1993

Introduction:

The Act defines “Human Rights” as 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 India. And the National and the State Human Rights Commissions are embodiment of India’s concern for the promotion and protection of human rights. The National Human Rights Commission (NHRC) is a statutory body established on 12th October, 1993 under the Protection of Human Rights Act (PHRA), 1993 . The commission is the watchdog of human rights in the country. It works to protect the right to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the international covenants and enforceable by courts in India.

Role of National Human Rights Commission

• Eg: Suo moto cognizance of Sonbhadra tribal killing in UP and sent a fact-finding mission.
• Prevention and Safeguard: Monitoring the living conditions of the inmates in prisons and to make recommendations thereon. Reviewing statutory safeguards or treaties for the protection of human rights.
• Research and promotion: Promoting research and encouraging NGOs in the field of human rights. While making an inquiry into the complaints, the commission enjoys the powers of a civil court. It also studies treaties and other international instruments on human rights and make recommendations for their effective implementation.
• Commission has awarded 11 cr compensation (recommendation) between 2012-17.
• Human rights: NHRC review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.
• Awareness: NHRC 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.
• Working with NGOs: It encourages the efforts of non-governmental organisations and institutions working in the field of human rights.

Criticism against NHRC

• It can only ask the authority to approach the higher Courts to provide relief to the victims. The concerned authority has to implement its recommendations within one month or communicate reasons for not complying.
• Even today atrocities against Dalits is continuing but the conviction rate is only 25.52%.
• NHRC failed to provide evidence in the famous Kairana Migration Case (forced mass migration in UP between 2014-16) as a result of extortion threat.
• If violation of human rights is by private parties, NHRC has no jurisdiction.
• If the complaint is made after 1 year of occurrence, it cannot investigate into such matters.
• NHRC has limited powers with regard to Armed forces and must accept a report from the centre in such cases.
• It can only provide recommendations of remedy but cannot enforce it.

There is need for complete revamping of NHRC to make it more effective and truly a watchdog of human right violations in the country. NHRC efficacy can be enhanced by government if commission decisions are made enforceable. This would remove the infamous ‘toothless’ adjective from the commission’s reputation.

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Role of the National Human Rights Commission (NHRC) in Protection of the Human Rights in India (an Overview of Protection of Human Rights Act, 1993 With the Latest Annual Report of NHRC)

8 Pages Posted: 5 Mar 2021

Yogesh Mahajan

Alumini of lc-1, faculty of law, university of delhi.

Date Written: January 6, 2021

The parliament of India which leads to the constitution of the National Human Rights Commission (NHRC passed the Protection of the Human Rights). The brief provisions of “The PHR-1993” and the role of the NHRC in the disposal of the cases with its latest annual report pertaining to 2017-18 have discussed in this paper.

Keywords: Protection of Human Rights Act, National Human Rights Commission, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights

Suggested Citation: Suggested Citation

Yogesh Mahajan (Contact Author)

Delhi, DE Delhi 110007 India

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The Protection of Human Rights Act 1993

• February 19, 2021
• Posted by: OptimizeIAS Team
• Category: DPN Topics

Subject: Polity

Context: THE DELHI High Court has ruled that Delhi, as a Union Territory, can designate human rights courts in each district

• The court was hearing a petition filed by an activist, arguing that since Delhi is a ‘Union Territory’ and not a ‘State’ within the meaning of Constitution, the notification specifying a Court of Sessions as a Human Rights Court under The Protection of Human Rights Act, 1993 can only be issued by the Centre .
• It challenged notification last year designating the court of Additional Sessions Judge-2 in each district as a Human Rights Court in Delhi.
• The court held that merely because the enactment is a Central legislation, it does not follow that its implementation can only be undertaken by the Central Government.
• The court said that for the purpose of Section 30 of the Protection of Human Rights Act, the expression ‘State’ would include the Union Territory.

About the Protection of Human Rights Act, 1993 and NHRC

NHRC – Optimize IAS

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The Protection of Human Rights Act, 1993

The Protection of Human Rights Act, 1993 was enforced on 28th January 1993.  The National Human Rights Commission in India is an autonomous public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 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 India.  The national Human Rights Commission is in New Delhi.

“Commission” means the National Human Rights Commission 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 under chapter II of the Act.

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. Apart from this the commission may look into court proceedings pending for violation of human rights, keep a check on jails, spread human rights literacy, and encourage non-governmental organisations to work in the field of human rights. The Commission under section 13, while inquiring into complaints under the Act shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908. It shall have power to receive complaints, issue summons, receive evidence, examine witness and requisition any public document where after the Commission shall forward the matter to Magistrate who shall further try the matter.  Every proceeding before the Commission shall be a judicial proceeding under sections 193, 228, and 196 of the Indian Penal Code, and 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. 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. The 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.

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. The State Commission from time to time submits report on matters of concern and urgency.

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 concurrence of the Chief Justice of the High Court, by notification, 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.

The Central and State government shall provide the commission with grants  of which the state and the national commission shall maintain proper accounts which shall be audited by auditor general. The Commission shall not inquire into matters pending in State Commission. The State and Central from time to time shall make rules of regulation for the commission.

The Act is legislated to establish the National and State Human Rights Commission. The act gives immense powers to the Commission in furtherance of prevention of violation of human rights.

by Vibhuti Nakta.

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The Protection of Human Rights Act, 1993

Gender-neutral Act with regard to human rights.

Protection of Human Rights Act, 1993 – As amended by Protection of Human Rights (Amendment) Act, 2006

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Protection of Human Right (Amendment) Bill, 2019

• 20 Jul 2019
• GS Paper - 2
• Constitutional Amendments
• Statutory Bodies
• To make the National Human Rights Commission (NHRC) more inclusive and efficient, Lok Sabha passes the Protection of Human Rights (Amendment) Bill, 2019 which amends the Protection of Human Rights Act,1993.

Amendment proposed

• A person who has been a Judge of the Supreme Court is also made eligible to be appointed as Chairperson of the Commission in addition to the person who has been the Chief Justice of India.
• Increasing the members of the commission who have knowledge of human rights issues, from two to three, out of which one must be a woman;
• Include Chairperson of the National Commission for Backward Classes , Chairperson of the National Commission for the Protection of Child Rights and the Chief Commissioner for Persons with Disabilities as deemed Members of the Commission;
• Reduces the term of the Chairperson and Members of the Commission and the State Commissions from five to three years and shall be eligible for re-appointment;
• A person who has been a Judge of the High Court is also made eligible to be appointed as Chairperson of the State Commission in addition to the person who has been the Chief Justice of the High Court; and,
• Confer upon State Commissions, the functions relating to human rights being discharged by the Union territories, other than the Union territory of Delhi, which will be dealt with by the Commission.

Protection of Human Right Act, 1993

• The Protection of Human Rights Act, 1993 came into force with retrospective effect from September 28, 1993.
• It applies to the whole of India and in case of J&K, it applies to matters pertaining to Union List and the Concurrent List only.
• National Human Rights Commission (NHRC),
• State Human Rights Commission (SHRC) and
• Human Rights Courts for the protection of human rights.

Human Right

• According to Section 2 of the act -“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 India.

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