Introduction - 

        A healthy relationship between human rights and the Government is essential. If a man is not compelled to have recourse to rebellion against oppression Human Rights should be protected by law. In India, the Parliament has enacted the Protection of Human Rights Act, 1993 for the Constitution of National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for protection of Human Rights and matters related to Human Rights Violation.


Human Rights Meaning - 

     "Human Rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embedded in the International Covenant and enforceable by Courts in India.

See also...Human Rights of Children and International Instruments to Protect their Rights


Human Rights In India 

               In India like many other developing countries much has to be done for the better protection of human rights although other social and economic problems like poverty, illiteracy, Unemployment, population growth, and law and order have surpassed by the importance due to human rights and all efforts are required to be made to make the people aware of their rights the strong will and determination for the promotion of human dignity and work will certainly make the Human Rights movement a great success.

Human Rights of Women In India

Human Rights of Children In India

Human Rights of Aged Person

Human Rights of Prisoners 

Human Rights of Minorities


Human Rights Courts in India 

               Chapter VI Section 30 of the Protection of Human Rights Act, 1993 says that,  Human Rights Courts For the purpose of providing speedy trial of offences arising out of violation of human rights, the State Government may, 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 Courts to try the said offences: 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 offenses under any other law for the time being in force.



Special Public Prosecutor -

          Section 31 of the Protection of Human Rights Act 1993 provides for the appointment of special Prosecutors for every Human Rights Court to be appointed by the State Government who should be an advocate who has been in practice as an advocate for not less than seven years. He is to be designated as a Special Public Prosecutor for the purpose of conducting cases in that Court.

          Human Rights Courts when established, will have the status of a Court empowered to administer the justice. Their status would be different from that of Human Rights Commissions whether National or of a State, form which has been given powers to inquire, investigate and recommend to Central or State Government steps to be taken or make petitions to the Supreme Court or a High Court. But are not empowered to hold Court themselves or even as appellate or revisional Court or to issue writs or directions in the matter coming before them. Section 36 of the said Act provides for matters which are not subject to jurisdiction of the National Human Rights Commission (1) The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force. (2) The Commission or the State Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting and violation of human rights is alleged to have been committed.

Human Rights Courts in Districts: 

         Chapter VI of the said Act compressing of Section 30 and 31 makes the provision relating to the creation of Human Rights Courts in each district. This setting up of Human Rights court in every district of the country for the speedy trial of offenses arising out of the violation of human rights is a novel provision of the Act. These Court may be set up by the State government with the concurrence of the Chief Justice of the High Court by notification specifying for each district a Court of Session to be a Human Rights Court. For every Human Rights Court, the state government shall appoint a public prosecutor or an advocate who has been in practice as an advocate for not less than 7 years for the purpose of conducting cases in the human rights Courts such a person shall be called a special Public Prosecutor. Such Courts have been notified in the State of Andhra Pradesh, Assam, Sikkim, Tamil Nadu and Uttar Pradesh and have been constituted in Madras and Guwahati.



See also...

Universal Declaration of Human Rights and The Constitution of India

Human Rights of Children In India

0 comments:

Post a comment

See Also..