**Comprehensive Overview of The Protection of Human Rights Act, 1993: Key Provisions, Powers, and Case Examples**

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 Detailed Summary and Breakdown of The Protection of Human Rights Act, 1993

The Protection of Human Rights Act, 1993, establishes the National Human Rights Commission (NHRC), State Human Rights Commissions (SHRCs), and Human Rights Courts for the protection and promotion of human rights in India. https://www.indiacode.nic.in/bitstream/123456789/18135/1/the_protection_of_humen_rights_act_1993.pdf

Key Provisions of The Protection of Human Rights Act, 1993

Chapter I – Preliminary

  1. Short Title, Extent, and Commencement

    • The Act applies to the whole of India.
    • Came into effect on September 28, 1993.

  2. Definitions

    • Human Rights: Rights relating to life, liberty, equality, and dignity guaranteed by the Constitution or International Covenants.
    • Commission: Refers to the NHRC or SHRC.
    • Human Rights Court: Special courts designated for speedy trial of human rights violations.

Chapter II – National Human Rights Commission (NHRC)

  1. Constitution of NHRC

    • A statutory body constituted by the Central Government.

  2. Composition of NHRC

    • Chairperson: Former Chief Justice of India.
    • Members:
      • One former Supreme Court Judge.
      • One former Chief Justice of a High Court.
      • Two human rights experts.

  3. Appointment and Removal of NHRC Members

    • Appointed by the President of India on the recommendation of a high-level committee.
    • Members can resign or be removed on grounds of misbehavior or incapacity.

  4. Term of Office

    • 5 years or until the age of 70 (whichever is earlier).
    • Members are not eligible for further government employment after retirement.

  5. Officers and Staff of the NHRC

    • Includes investigation officers, legal advisors, and administrative staff.

Chapter III – Functions & Powers of NHRC

  1. Functions of NHRC
  • Inquire into human rights violations (on petitions or suo motu).
  • Intervene in legal proceedings for human rights enforcement.
  • Review existing laws and recommend changes.
  • Spread awareness of human rights.
  • Conduct research and training programs.
  1. Inquiry Powers of NHRC
  • Has civil court powers (summoning witnesses, examining evidence).
  • Can visit jails and detention centers for monitoring conditions.
  1. Investigation Procedures
  • NHRC can use Central and State investigation agencies.
  • It can summon and examine any person under oath.
  1. Protection of Witnesses and Victims
  • Ensures that affected individuals have opportunities to be heard.

Chapter IV – Complaint Procedures

  1. Inquiry into Complaints
  • NHRC can call for reports from governments.
  • It can conduct independent inquiries if unsatisfied with government reports.
  1. Actions After Inquiry
  • Recommends compensation or prosecution for human rights violations.
  • Can approach the Supreme Court or High Court for legal intervention.
  1. Cases Involving Armed Forces
  • NHRC can only seek reports from the Central Government in cases involving the Army, Navy, or Air Force.
  • The Central Government must inform NHRC of the action taken within three months.

Chapter V – State Human Rights Commissions (SHRCs)

  1. Constitution of SHRCs
  • Each State Government may establish a State Human Rights Commission.
  1. Composition of SHRCs
  • Chairperson: Former Chief Justice of a High Court.
  • Members:
    • One former High Court Judge or District Judge.
    • One human rights expert.
  1. Powers and Functions of SHRCs
  • Similar to NHRC but limited to state-level issues.

Chapter VI – Human Rights Courts

  1. Establishment of Human Rights Courts
  • Special courts are designated in each district for speedy trial of human rights cases.
  1. Appointment of Special Public Prosecutors
  • The State Government must appoint a Special Public Prosecutor to handle human rights cases.

Chapter VII – Finance, Accounts, and Audit

32-35. Funding and Audits

  • NHRC and SHRCs receive grants from the government.
  • Annual audits are conducted by the Comptroller and Auditor General of India (CAG).

Chapter VIII – Miscellaneous Provisions

  1. Matters Outside NHRC Jurisdiction
  • NHRC cannot inquire into cases pending before another statutory commission.
  1. Special Investigation Teams
  • The government can form investigation teams for serious human rights violations.
  1. Protection of NHRC Actions
  • No legal action can be taken against NHRC members for acts done in good faith.

40-41. Rulemaking Powers

  • The Central and State Governments can frame rules under this Act.

10 Key Examples of Human Rights Violations & NHRC Interventions

  1. Police Custodial Deaths

    • NHRC can investigate deaths in police custody and recommend compensation or prosecution.

  2. Jail Conditions

    • NHRC inspects prisons and recommends reforms.

  3. Encounter Killings

    • NHRC can order independent probes into extrajudicial killings.

  4. Dalit and Minority Rights Violations

    • NHRC ensures protection against caste-based discrimination.

  5. Child Labor Cases

    • NHRC can direct rehabilitation of rescued child laborers.

  6. Illegal Land Evictions

    • NHRC can intervene in forced displacement of people.

  7. Acid Attack Cases

    • NHRC can recommend medical aid and compensation for victims.

  8. Human Trafficking Cases

    • NHRC works with law enforcement to combat trafficking.

  9. Violations by Armed Forces

    • NHRC can seek reports on human rights violations by security forces.

  10. Rights of LGBTQ+ Individuals

  • NHRC can take up cases of discrimination against LGBTQ+ individuals.

Conclusion

The Protection of Human Rights Act, 1993, plays a crucial role in safeguarding fundamental rights. It establishes NHRC, SHRCs, and Human Rights Courts to ensure accountability and justice.


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