INTRODUCTION

In today’s arena, human rights violations are very common to see, to hear and therefore
the awareness among individuals pertaining with their rights which are humanly
recognized has emerged as a potential discourse as far as development among the
citizens are concerned. And thus, it also on the other hand becomes very responsive role
of Judiciary that it should come into the action and perform its supportive role for
pronouncement up of the judgments regarding human rights into reality.

The strengthening of the judiciary is much required in context with human rights as it
would be accustomed to be the part of the Constitutional remedy which would provide
progressive efforts in the fields to evolve for the subject like human rights which is
protected by the law of the land i.e. The Constitution of India. In regards to this in Section
30 of the Human Rights Protection Act 1993, which enumerates us about the
establishments of the human rights courts but the offences arising out of the human
rights violations have not been enumerates under the Act.

It has been deduced that the states where the human rights courts are established, made
them functional. What is really happening is that issues which are getting occurred due
to gross human rights violations are mostly getting punished under the criminal courts as
considering the penal offence. Now the things which should be taken into the account is
that the offences which are prescribed under the criminal law, must move towards the
criminal courts and the offences not mentioned under the law of crimes should be given
a place under the human rights courts as they too constitute the gross violations of the
human rights arena.

It becomes very necessitate that the article 32(3) of the Constitution can be looked upon
in regards with the enforcement of the human rights by the judiciary or the functioning
of the human rights courts in India, as it imparts that the Parliament by law, can empower
any other Courts except the Supreme Court, to exercise with the local limits of the
jurisdiction or any other power which has been exercisable even by the Supreme Court,
thus the section of Constitutional remedy under the constitution of the India for securing
the rights, becomes very indispensable and which shall be known by each and every
citizens of the India.

By this means, it would be possible to the other courts except the Supreme Court of India,
for providing with the remedies which are themselves engrossed with the gross human
rights violation have been taken place which will protect the sufferer from getting violated
his fundamental right as well as the rights which has been inclusive of the Universal
Declaration of Human Rights, of which the India is signatory.

The several rights which are not been mentions specifically by the Constitution of the
India but has been proliferated under the wide ambit of the Article 21 of the Constitution
which enunciates us with many of the rights which includes as Right to health, Right to
food, Right to shelter, Right to live in a healthy environment, Right to Livelihood, Right of
Education, Right to privacy, Right against Solitary confinement, speedy trial, legal aid and
many more can be classifies as those right which shall be enforced by the Human Rights
Courts.

And for the great purpose as well as objective to be getting accomplished, India is in need
of extraordinary as well as having wide ambit for practicing or issuing the cases of
violations of the human rights in the Human Rights Courts, to provide for the bilateral as
well as smooth functioning of the system of justice in India.

From the several objectives specified in the Act of Protection of Human Rights, 1993, one
of the specifically talks about as mentioned in the preamble is in regards with the
establishment up of Human Rights Courts at the District Level, as from the base line as
well as each and every court will be having its jurisdiction to work upon, thus providing
with the great caliber for the protection up of the Human Rights.

The object so mentioned in the preamble of this act for the building up of the courts at
the district level to ensue for the speedy function of the cases where the matter is being
in relation of the suffering of human rights violations and gets its decision without being
getting delayed in any form.
Human courts in India

As been prescribed under the Act of the Protection of Human Rights Act, 1993 (Chapter
6, Section 30) says that for the purpose of providing speedy trial to the cases involving
Human Rights issues, the State Government may, with the concurrence of the Chief
Justice of India of the High Court, and specifying in each district a court of session or it can
be said a Human Rights Court to try the cases pertaining to the field of only and only
Human rights.

Special public prosecutor for the Human Rights courts

The Protection of Human Rights Act 1993, section 31- emphasis upon for the appointment
of the Special Prosecutor for the Human Rights Court to be appointed by the State
Government, who would be acting as an advocate who have been in the practice for not
less than 7 years.

Such Courts have been established in many states which are inclusive of Andhra Pradesh,
Tamil Nadu, Sikkim, Uttar Pradesh and Assam. Madras and Guwahati are getting into the
process to be done in regards of the same.

Human Rights Court, when gets established will surely be having the status of a Court to
adjudicate the justice for the Human Rights issues, and thus would be different body from
the Human Rights Commission whether National or the State level, as the work which
Court plays is differentiated from the Human Rights Commission.

Active role of judiciary

Everyone reading this article, would be satisfied by knowing that in India, every Legal
Right would be considered as Human Right, as meant for their own interests of protection
and somewhere or the other for the promotion, but each and every right, which should
be humanly recognized have not been still tagged with the assistance of Legal Right.
It is very well known by everyone that Law takes steady and gradual time period to evolve
itself and coming up with its perfect version, as well as it should also be noted that Law
follows a sequence or a consequence to be get evolved as well as for more of its proper
interpretation it requires full proof measures as well as arguments put forth for its
evolved form to get enforced.

Hence, it should be understood that because of the above mentioned principle, it may
not always be possible to implement of codify all the requisite or the probable laws to get
formulated or anticipated in the manner for the protection up of the Human Rights, and
thus the role of our Indian Judiciary comes into the existence when it is enumerated about
the principles of natural justice as due process of Law will govern and adjudicate for the
protection and promotion of the rights of the people when they have suffered violations
of the their rights and when to protect it no legislation has been framed, Thus Judiciary in
this way don’t let anybody’s rights get infringed, rather protects them taking the issuance
of the principles of natural justice.

Thus, it becomes a very implicit fact that rights which are humanely recognized makes up
the base for any legislation to get framed in the country like India, as it becomes the duty
of Judiciary or more specifically the Judges to understand the issues and provide for the
enforcement of the rights for the well – being of the society.

Extraordinary role of district judiciary

The District Judiciary provides for an effective role in adjudicating the Justice, as it would
be a very big and huge responsibility for the Human Rights Courts for protecting up of the
Rights which either by guaranteed by the Constitution of India or by any other specific
statute incorporated by the India.

Matters for the entertaining up of the application and its interpretation of the clauses like
of Article 14, 19, 21 of the Constitution of India, in such cases would be looked up by the
District Judicial Officer.
The point which is needed here to be understood that these Human Rights issues if got
separated will be providing effectiveness in the working procedural functioning to the
Courts as well as by adjudicating the cases of Human Rights provide for the great potential
to solve as many as cases of the Human Rights in India.

It should be worthily be noted that the West Bengal State Government becomes the first
state Government to establish the Human Rights Courts in all of its nineteen districts of
the whole of the State, dated 9th September, 2011 for solving up the issues pertaining
with the Human Rights Violations.

The courts are functioning under the aegis of the District Courts which are preceded by
the District Sessions Judge. Even in this context, in West Bengal special public prosecutors
are too being appointed as mentioned under the guidelines of the section 31of the
protection of Human Rights Act 1993.

Thus, taking examples of such established principles, each and every state should
recognize the importance for setting up of the Human Rights Courts which will indeed
work very efficiently for the protection and promotion of the Human Rights based
violation issue and trying up for the speedy trial for the concern to the Human Rights
which are being put up or taken from the vulnerable.