The Protection of Human Rights Act, 1993

The Protection of Human Rights Act, 1993, enacted by the Indian Parliament, is a significant piece of legislation aimed at safeguarding human rights in India. It defines “human rights” as rights relating to life, liberty, equality, and dignity of the individual, as guaranteed by the Constitution or embodied in international covenants and enforceable by Indian courts.

National Human Rights Commission

Key Features of the Act:

  1. Establishment of the National Human Rights Commission (NHRC):
    • Composition: The NHRC consists of a Chairperson and four members, including:
      • The Chairperson must be a person who has been the Chief Justice of India or a judge of the Supreme Court.
      • Members should have knowledge or experience in human rights, law, or public administration.
    • Functions: The NHRC is empowered to:
      • Inquire into complaints of human rights violations.
      • Review existing laws and recommend necessary amendments.
      • Promote human rights education and awareness.
      • Visit jails and other institutions to assess conditions.
  2. State Human Rights Commissions (SHRCs):
    • Establishment: Each state in India is mandated to establish its own SHRC to address human rights issues at the state level.
    • Composition and Functions: Similar to the NHRC, SHRCs have a Chairperson and members with expertise in human rights and related fields. They perform functions analogous to those of the NHRC within their respective states.
  3. Human Rights Courts:
    • Purpose: The Act provides for the establishment of Human Rights Courts to ensure speedy trials in cases of human rights violations.
    • Jurisdiction: These courts have jurisdiction over offenses related to human rights violations and are empowered to try such cases expeditiously.
  4. Powers and Procedures:
    • Inquiries: The NHRC and SHRCs have the authority to inquire into complaints of human rights violations, either suo-motu or based on information received.
    • Recommendations: After an inquiry, the commissions can make recommendations to the concerned government or authority, including measures to prevent future violations.
    • Reports: The commissions are required to submit annual reports to the President of India and the respective state governors, detailing their activities and findings.
  5. Amendments to the Act:
    • Protection of Human Rights (Amendment) Act, 2006: This amendment expanded the scope of the NHRC’s functions and improved its operational framework.
    • Protection of Human Rights (Amendment) Act, 2019: This amendment introduced provisions to strengthen the NHRC’s autonomy and operational efficiency.

Significance:

The Protection of Human Rights Act, 1993, represents India’s commitment to the promotion and protection of human rights. By establishing independent bodies like the NHRC and SHRCs, the Act provides a mechanism for addressing human rights violations and promoting awareness and education on human rights issues.

For a comprehensive understanding, you can refer to the official text of the Act and its amendments:

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