EDUCATOR OF DELHI

BA LLB 4TH SEMESTER

HUMAN RIGHTS
(BL-4004)

BY MUKESH KIRAR

UNIT – 4
QUES 1:- “What is protection of Human Rights act 1993,” Discuss it.
ANS :- The Protection of Human Rights Act, 1993 is a law enacted by
the Indian Parliament to protect and promote human rights in India.
The Act came into force on 28th January 1994 and established the
National Human Rights Commission (NHRC) and State Human Rights
Commissions (SHRCs) to investigate violations of human rights and
recommend measures to prevent their recurrence.
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. The Act also provides for the constitution of a Human Rights
Court at the district level for speedy trial of offenses arising out of
violation of human rights.
The NHRC is a statutory body that consists of a Chairperson and four
members, appointed by the President of India. The NHRC has the power
to investigate complaints of violation of human rights by public
servants, and it can also inquire on its own initiative or on the basis of
media reports. The NHRC also has the power to recommend to the
government to take appropriate action to prevent the recurrence of
human rights violations.
The Act also provides for the establishment of SHRCs in each state to
protect and promote human rights at the state level. Each SHRC
consists of a Chairperson and two members, appointed by the Governor
of the state. The SHRCs have the power to inquire into complaints of
human rights violations and recommend measures to prevent their
recurrence.
The Act empowers the NHRC and SHRCs to investigate complaints of
human rights violations against the police and armed forces. However,
their recommendations are not binding on the government, and there
have been criticisms that the NHRC and SHRCs lack teeth and that
their recommendations are often ignored by the government.
The Protection of Human Rights Act, 1993 is an important law that
seeks to protect and promote human rights in India. While the NHRC
and SHRCs have done valuable work in investigating human rights
violations, there is a need for greater awareness and implementation of
the Act to ensure that human rights are respected and protected in
India.

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:
1. Definition of “Human Rights” [Chapter I, Sec. 2 of the Act]
2. NHRC: Constitution, Functions, Power, and Procedure [Chapters
II, III, & IV, Sec. 3-20]
3. SHRC: Constitution, Functions, Power and Procedure [Chapter V,
Sec. 21-29]
 4. Human Rights Courts [Chapter VI, Sec. 30 & 31]
QUES 2:- What is the Role of the National Human Rights Commission in
the Protection of Human Rights.

ANS :- National Human Rights Commission (NHRC)

National Human Rights Commission, abbreviated as NHRC, is a public

body which is constituted for benefiting the citizens of the country. It
has been playing vital roles since its establishment on October 12,
1993.
Human Right's means the rights relating and including 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.
NHRC was established after a thorough assessment of needs for
establishing such bodies in order to address the human rights related
issues and by keeping in consideration the ways and measures to apply
for their protection. Thus, the Central Government of India established
the National Human Rights Commission of India in the year 1993
under the Protection of Human Rights Act which itself was made
effective in the same year. NHRC was given a complete statutory basis
by The Protection of Human Rights Act, 1993 (TPHRA). NHRC since
then is considered as a national human rights institution.

NHRC is one of the important Commission for creating awareness and

in promoting the rights which have been given the key importance in
the Act.

History:
The National Human Rights Commission was established on October
12, 1993. The statute of NHRC is contained in the Protection of Human
Rights Act, 1993, and further it is in conformity with the Paris
Principles, adopted at the first International workshop on national
institutions for the promotion and protection of human rights held in
Paris in October in the year 1991, and as endorsed by the General
Assembly of the United Nations in Resolution 48/134 of December 20,
1993. The NHRC is an embodiment of India's concern towards the
promotion and protection of human rights.

Composition of NHRC:
National Human Rights Commission is an independent body
constituted by the Central Government and consists of highly
knowledgeable team to work in the areas of human rights.
The composition of this Commission is:
• A Chairperson who is a retired Chief Justice of India
• One Member who is or has been a Judge of the Supreme Court
• One Member who is or has been the Chief Justice of a High Court
• Two persons having knowledge or practical experience in matters
relating to Human Rights.
The President appoints the chairperson and the members of National
Human Rights Commission, for which a committee nominates the
names. This committee consists of Chairperson, the Prime Minister
and the members including Home Minister, Leader of the Opposition in
Lok Sabha, Leader of the Opposition in Rajya Sabha, Speaker and the
Rajya Sabha Deputy Chairman.

Further in addition to this, the Chairperson of the National

Commission for Minorities, the National Commission for the Scheduled
Castes and Scheduled Tribes and the National Commission for Women
are deemed to be members of the National Human Rights Commission
for the discharge of specific functions laid down.

Removal of a Member of the Commission:

Section 5 of the Protection of Human Rights Act, 1993, lays down the
procedures and ground for the removal of any member of the
Commission. Further, the President can remove the Chairperson or any
other member if he:
1. Is adjudged an insolvent; or
2. Engages during his term of office in any other paid employment
outside the duties of his office;
3. Is unfit to continue in office by reason of infirmity of mind or
body; or
4. Is of unsound mind and stands so declared by a competent court;
or
5. Is convicted and sentenced to imprisonment for an offence,
which in the opinion of the President involves moral turpitude[1].
Additionally, the Chairperson or any other member of the
Commission can only be removed from his office by the order of the
President on the ground of proved misbehavior or incapacity.
However, in these cases, the President is supposed to refer the
matter to the Supreme Court for conducting an inquiry. And if the
 Supreme Court, after the inquiry, upholds the cause of removal and
advises so, then the President can remove the Chairperson or a
member of NHRC.

Functions of NHRC:
The National Human Rights Commission has a very wide mandate and
includes civil and political rights, economic rights, social and cultural
rights, and other group rights. Section 12 of the Protection of Human
Rights Act, 1993, lays down that the Commission shall perform all or
any of the following functions, namely:
• Inquire, on its own initiative or on a petition presented to it by a
victim or any person on his behalf, into complaint of[2]:
o Violation of human rights or abetment
o or negligence in the prevention of such violation, by a
public servant;
• Intervene in any proceeding involving any allegation of violation
of human rights pending before a court with the approval of such
court;
• Visit, by intimating 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, in order to study the living condition
of the inmates and make recommendations thereon;
• 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;
• Review the factors, including acts of terrorism that inhibit the
enjoyment of human rights and further recommend appropriate
remedial measures on the same;
• Study treaties and other international instruments on human
rights and make recommendations for their effective
implementation;
• 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[3];
• Encourage the efforts of non - Governmental organizations and
institutions working in the field of human rights;
• Undertake and promote research in the field of human rights.
 • Other functions considered necessary for promotion of human
rights.
• Responsibility of Government authority.
• The Central Government or the State Government or any other
Authority is supposed to indicate its comments including actions
that are taken on the report/recommendations of the
Commission within a period of one month in respect of
complaints against public servants other than members of the
armed forces.
• In respect of complaints against members of the armed forces,
the Central Government has to indicate action taken on the
recommendations within three months to the Commission.
• Issue of the one-year limitation period.
• Purpose - not to have another judicial body it is an institution
which will give primary focus on the allegation of violation of
human rights and to provide quicker redressal as compared to
other redressal mechanisms. The court: District Courts to the
Supreme Court are always available to the people and the
Commission's role is not to replace these mechanisms.

Powers of 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.

Major Human Rights issues in India:

Despite India having the status of world's largest sovereign, secular,
democratic republic, human rights in India are considered as
complicated issue due to the country's large size and population,
widespread poverty, lack of proper education, diverse culture.

Nobody can deny the humongous magnitude of human right violations

that are taking place in our country and are having huge effects on the
being. The world's largest democracy is plagued by widespread
violations. Few major issues which are taken up by NHRC are:
• Custodial Torture
• Right to Work and Labour Rights
• Arbitrary Arrest and Detention
• Excessive Powers of the Armed Forces and the Police
• Sexual Violence
• Child Labour
• Violence and discrimination against Women, Children
• Lesbian, Gay, Bisexual, Transgender Rights

Conclusion:
If human rights commissions are to truly protect the human rights in
India, it needs a revamp. The efficacy and authority of the
commissions will be greatly enhanced if their decisions are made
enforceable by the government as well. Misuse of laws by the law
enforcing agencies itself is often considered as the root cause of human
right violations.

Therefore, in order to make the efforts of the commission more

impactful, then the weakness of laws are supposed to be removed and
the laws that run contrary to the human rights should be amended or
repealed.
QUES 3:- Explain the term Equality, What is the relation between
Liberty and Equality.
ANS :- Equality refers to the state of being equal, which means that
people are treated fairly and without discrimination on the basis of
their age, gender, race, religion, or any other factor. It implies that
every individual has the same opportunities, rights, and
responsibilities, and that there are no privileges or advantages granted
to any particular group or individual based on their characteristics.
Equality can be seen as a social ideal that aims to create a society in
which everyone has an equal chance to succeed, regardless of their
background or circumstances. This means that people are not judged
by their race, ethnicity, gender, or any other characteristics, but rather
by their abilities and merits.
Equality can also be viewed as a human right, as it is enshrined in
many international legal documents, such as the Universal Declaration
of Human Rights, which states that "all human beings are born free and
equal in dignity and rights." This means that every person has the right
to be treated with dignity, respect, and fairness, and to have access to
the same opportunities and resources as everyone else.
Achieving equality is a complex process that requires the cooperation
and effort of individuals, communities, and governments. It involves
addressing and eliminating the structural and institutional barriers
that prevent people from achieving their full potential and living
fulfilling lives. This includes dismantling systems of oppression and
discrimination, promoting diversity and inclusion, and creating
policies and programs that support equality and fairness for all.

Kinds of Equality
Equality is a concept that is often discussed in social, political, and
legal contexts, and it refers to the state of being equal in status, rights,
and opportunities. However, equality can be approached in different
ways, and there are several kinds of equality that are important to
understand. In this answer, we will discuss five kinds of equality,
namely political equality, economic equality, social equality, legal
equality, and cultural equality.

1. Civil Equality :-
Civil equality refers to the idea that every individual has the same civil
rights and liberties, regardless of their background or circumstances.
This includes the right to due process, freedom of speech, freedom of
religion, and the right to privacy, among other things. Civil equality is
essential for ensuring that everyone has the same legal protections and
rights, regardless of their race, gender, or other factors. Achieving civil
equality requires addressing the institutional and structural barriers
that prevent individuals from accessing their rights and liberties and
creating policies and programs that protect and promote civil equality.

2. Political Equality:
Political equality refers to the idea that every citizen has the same
political rights and opportunities, regardless of their social status,
gender, ethnicity, religion, or other factors. This includes the right to
vote, run for office, and participate in the democratic process. Political
equality is essential for ensuring that all voices are heard and that all
individuals have an equal say in how decisions are made. Without
political equality, certain groups may be excluded from the decision-
making process, leading to unequal representation and unfair
outcomes.

3. Economic Equality:
Economic equality refers to the equal distribution of resources, wealth,
and income in society. This means that everyone has access to basic
necessities such as food, shelter, healthcare, and education, regardless
of their income or social status. Economic inequality can have a
significant impact on individuals and communities, leading to poverty,
social exclusion, and unequal opportunities. Achieving economic
equality requires policies and programs that promote fair distribution
of resources and that address the structural and institutional barriers
that prevent people from accessing opportunities and resources.

4. Social Equality:
Social equality refers to the elimination of discrimination and
prejudice in all areas of life, including education, employment, and
housing. This means that everyone has equal access to opportunities
and resources, regardless of their gender, ethnicity, religion, sexual
orientation, or other factors. Achieving social equality requires
addressing the root causes of discrimination and prejudice, such as
biases and stereotypes, and promoting diversity and inclusion in all
aspects of society.

5. Legal Equality:
Legal equality refers to the idea that everyone is treated equally under
the law, regardless of their background or circumstances. This means
that everyone has the same legal rights and protections, and that the
law is applied equally to all individuals. Achieving legal equality
requires creating laws and policies that do not discriminate based on
factors such as gender, race, religion, or sexual orientation, and
ensuring that the justice system is fair and impartial.

6. Cultural Equality:
Cultural equality refers to the recognition and respect of all cultures
and traditions, without discrimination or prejudice. This means that
everyone has the right to practice their cultural beliefs and traditions
without fear of discrimination or persecution. Achieving cultural
equality requires promoting diversity and understanding across
cultures and traditions, and addressing the root causes of cultural
discrimination and prejudice.
In conclusion, the concept of equality is complex and multifaceted, and
there are several kinds of equality that are important to understand.
Achieving equality requires a concerted effort from individuals,
communities, and governments, and it requires addressing the root
causes of discrimination and inequality. By promoting political,
economic, social, legal, and cultural equality, we can create a society
that is fair, just, and inclusive for all.

Relation between Liberty and Equality

Liberty and equality are two fundamental principles of modern
democratic societies, and their relationship has been a subject of
debate and discussion for centuries. Liberty refers to the individual's
freedom to act, think, and express oneself without interference from
external forces, while equality refers to the state of being equal in
status, rights, and opportunities.
The relationship between liberty and equality is complex and often
debated. Some argue that these principles are incompatible, as the
pursuit of liberty may result in inequality, while others argue that they
are complementary, as the pursuit of equality may lead to greater
liberty. In reality, the relationship between liberty and equality is more
nuanced and depends on how these principles are defined and applied
in different contexts.
In some cases, the pursuit of liberty can lead to inequality. For
example, if individuals are free to accumulate wealth without any
constraints, this may result in significant economic inequality, as
those with more resources can accumulate even more wealth and
power, while those with fewer resources may be left behind. Similarly,
if individuals are free to discriminate against others based on their
race, gender, or other factors, this may result in significant social and
legal inequality.
On the other hand, the pursuit of equality can also have an impact on
individual liberty. For example, if the state enforces strict regulations
on individual behaviour in the pursuit of equality, this may limit
individual freedom and autonomy. Similarly, if the state enforces strict
regulations on economic activity to promote economic equality, this
may limit individual economic freedom and autonomy.
Despite these potential conflicts, liberty and equality are often seen as
complementary values that can reinforce each other. For example, if
individuals have equal access to education, healthcare, and other basic
resources, they may be better equipped to exercise their individual
freedom and autonomy. Similarly, if individuals have equal access to
political power and representation, they may be better able to protect
their individual liberties and rights.
In conclusion, the relationship between liberty and equality is complex
and depends on how these principles are defined and applied in
different contexts. While the pursuit of liberty and equality may
sometimes conflict, they are often seen as complementary values that
can reinforce each other and lead to a more just and democratic
society.
QUES 4:- What do you understand by New World Order ? Explain it.
ANS :- The term "New World Order" refers to a vision of a new global
political and economic system that would replace the existing
international order. The idea of a New World Order has been discussed
and debated by politicians, economists, and scholars for decades, and
its meaning and implications vary depending on who is using the term.
At its most basic level, the concept of a New World Order reflects a
belief that the current international system is no longer effective or
sustainable, and that a new system is needed to address the challenges
of the 21st century. This new system would be based on different
principles and values than the current system, and would require
significant changes to the existing political and economic structures.
Some proponents of the New World Order envision a more integrated
global community, with greater cooperation and coordination between
countries and regions. They argue that the existing system of nation-
states is outdated and inefficient, and that a more unified global
community would be better equipped to address issues such as climate
change, terrorism, and economic inequality.
Others see the New World Order as a more sinister development, driven
by powerful elites seeking to consolidate their power and control over
the global population. They argue that the New World Order would be a
system of global governance that would restrict individual freedoms
and rights, and that it would be imposed on the population through
force and coercion.
There is also a conspiracy theory that suggests that the New World
Order is a secret plan by a shadowy cabal of global elites to create a
one-world government and impose a totalitarian regime on the
population. This theory has been widely discredited by scholars and
experts, who argue that there is no evidence to support such claims.
In reality, the concept of a New World Order is a highly contested and
debated topic, and its meaning and implications depend on who is
using the term. Some see it as a positive vision of a more integrated
and cooperative global community, while others see it as a threat to
individual freedoms and national sovereignty. Regardless of one's
perspective, it is clear that the idea of a New World Order reflects a
growing awareness of the need for significant changes to the existing
international system in order to address the challenges of the 21st
century.

Concept of a “New World Order”

The concept of a "New World Order" has been a topic of discussion and
debate for decades. While the term can refer to various visions and
ideas, it generally refers to a desire to create a new global political and
economic system to replace the existing one. The idea of a New World
Order reflects a belief that the current international system is no
longer effective or sustainable, and that a new system is needed to
address the challenges of the 21st century.
There are several different visions of what a New World Order might
look like. Some proponents envision a more integrated global
community, with greater cooperation and coordination between
countries and regions. They argue that the existing system of nation-
states is outdated and inefficient, and that a more unified global
community would be better equipped to address issues such as climate
change, terrorism, and economic inequality.
Others see the New World Order as a more sinister development, driven
by powerful elites seeking to consolidate their power and control over
the global population. They argue that the New World Order would be a
system of global governance that would restrict individual freedoms
and rights, and that it would be imposed on the population through
force and coercion.
In reality, the concept of a New World Order is complex and
multifaceted, and its meaning and implications vary depending on who
is using the term. Some see it as a positive vision of a more integrated
and cooperative global community, while others see it as a threat to
individual freedoms and national sovereignty.
One of the main drivers of the New World Order concept is the
recognition that the current international system is facing a number of
significant challenges that require new approaches and solutions.
These challenges include global economic inequality, environmental
degradation, terrorism, nuclear proliferation, and geopolitical
instability.
Advocates of a New World Order argue that a more integrated and
coordinated global community would be better able to address these
challenges. They argue that existing institutions such as the United
Nations and the World Bank are insufficient to meet these challenges,
and that a new system of global governance is needed to ensure that
the world's resources are used in a more equitable and sustainable
manner.
Critics of the New World Order concept, on the other hand, argue that
it represents a threat to national sovereignty and individual freedom.
They argue that a system of global governance would be undemocratic
and unaccountable, and that it would be controlled by a small group of
powerful elites with their own agendas and interests.
While the idea of a New World Order has been the subject of much
debate and speculation, it is important to recognize that the concept is
complex and multifaceted. Its meaning and implications depend on
who is using the term and what vision of a New World Order they are
advocating. Ultimately, the future of the international system will
depend on the choices and actions of governments, civil society
organizations, and individuals around the world.
QUES 5:- What is Liberalization. Discuss its impact on Development.

ANS :- Liberalization refers to a set of economic policies aimed at

reducing government intervention in the economy, promoting
competition, and increasing the role of the private sector. It is often
associated with the broader ideology of liberalism, which emphasizes
individual freedom, limited government, and free markets.
The term liberalization can be applied to a range of economic policies,
including trade liberalization, financial liberalization, and labour
market liberalization. In each case, the goal is to reduce government
regulation and increase the freedom of individuals and businesses to
operate in the market.
Trade liberalization involves reducing or eliminating barriers to trade,
such as tariffs, quotas, and other restrictions. The aim is to increase
the volume of international trade, promote efficiency, and lower prices
for consumers. This often involves negotiating free trade agreements
between countries, which can create new opportunities for businesses
and consumers alike.
Financial liberalization refers to the removal of restrictions on
financial markets, such as limits on the amount of foreign investment,
the types of financial instruments that can be traded, and the number
of financial institutions that can operate in the market. This can lead
to increased competition, improved efficiency, and greater access to
capital for businesses and consumers.
Labour market liberalization involves reducing government regulation
of labour markets, such as restrictions on hiring and firing, minimum
wage laws, and collective bargaining agreements. The goal is to
increase flexibility in the labour market, making it easier for businesses
to hire and fire workers, and allowing workers to negotiate more
flexible employment arrangements.
Critics of liberalization argue that it can lead to negative social and
economic outcomes, such as increased inequality, job loss, and
environmental degradation. They argue that reducing government
intervention in the economy can lead to a concentration of wealth and
power in the hands of a small elite, and that it can undermine
important social and environmental protections.
Proponents of liberalization, on the other hand, argue that it can lead
to increased efficiency, greater innovation, and higher levels of
economic growth. They argue that reducing government intervention
in the economy can create new opportunities for businesses and
individuals, and that it can lead to a more dynamic and prosperous
society.
In conclusion, liberalization is a set of economic policies aimed at
reducing government intervention in the economy and increasing the
role of the private sector. While it has been associated with the broader
ideology of liberalism, it can take many different forms, including trade
liberalization, financial liberalization, and labour market liberalization.
Its impact on society and the economy is subject to ongoing debate and
discussion.

Liberalization impact on Development

Liberalization, which refers to the process of reducing government
intervention in the economy, has had a significant impact on
development in many countries. The impact of liberalization on
development is a topic of ongoing debate and discussion, with
proponents arguing that liberalization has led to increased economic
growth and improved living standards, while critics argue that it has
led to increased inequality, environmental degradation, and social
dislocation.
One of the main ways in which liberalization has impacted
development is through its impact on economic growth. Proponents of
liberalization argue that reducing government intervention in the
economy has led to increased efficiency, greater innovation, and higher
levels of economic growth. This growth, in turn, has led to increased
employment opportunities, higher wages, and improved living
standards for many people. In many cases, liberalization has led to
increased foreign investment and trade, which can bring new resources
and opportunities to developing countries.
However, critics of liberalization argue that economic growth has not
necessarily translated into improved living standards for everyone.
They argue that liberalization has led to increased inequality, with the
benefits of economic growth accruing primarily to a small elite, while
many people remain in poverty. They also argue that liberalization has
led to environmental degradation, as businesses and individuals pursue
short-term economic gain at the expense of the long-term health of the
environment.
Another way in which liberalization has impacted development is
through its impact on social services and public goods. Proponents of
liberalization argue that reducing government intervention in the
economy can lead to increased efficiency in the provision of public
goods, such as health care, education, and infrastructure. They argue
that the private sector can provide these services more efficiently and
effectively than the government.
However, critics of liberalization argue that reducing government
intervention in the provision of public goods can lead to a decline in
the quality and availability of these services, particularly for the poor
and marginalized. They argue that the private sector is primarily
motivated by profit, and may not prioritize the needs of the most
vulnerable members of society.
Finally, liberalization has impacted development through its impact on
political and social institutions. Proponents of liberalization argue that
reducing government intervention in the economy can lead to
increased political and social freedom, as individuals and businesses
are able to operate more freely in the market. They argue that this
increased freedom can lead to greater innovation, creativity, and
entrepreneurship, which can benefit society as a whole.
However, critics of liberalization argue that reducing government
intervention in the economy can lead to increased political and social
instability, as businesses and individuals pursue their own interests at
the expense of the common good. They argue that liberalization can
lead to increased corruption, inequality, and social dislocation, which
can undermine political and social stability.
In conclusion, the impact of liberalization on development is a topic of
ongoing debate and discussion. While proponents of liberalization argue
that it has led to increased economic growth and improved living
standards, critics argue that it has led to increased inequality,
environmental degradation, and social dislocation. The impact of
liberalization on social services and public goods, as well as on political
and social institutions, is also subject to ongoing debate and
discussion. Ultimately, the impact of liberalization on development is
complex and multifaceted, and requires careful consideration of the
trade-offs involved.
QUES 5:- Write about the establishment of NHRC.
ANS :_ The establishment of the National Human Rights Commission
(NHRC) in India was a long and arduous process that was driven by a
strong demand for the protection of human rights in the country. Prior
to the NHRC's establishment, there was no specific institutional
mechanism for the protection of human rights in India, and human
rights violations were rampant across the country.
The demand for a dedicated institution to protect human rights in
India began to grow in the 1970s, as the country was going through a
period of political turmoil and social upheaval. Civil society
organizations, activists, and intellectuals began to highlight the issue
of human rights violations in the country and demanded that the
government take action to address the issue.
However, it was not until the 1980s that the demand for a human
rights commission began to gain momentum. In 1982, the Indian
government established the National Police Commission, which was
tasked with investigating police brutality and other forms of police
misconduct. This move was welcomed by civil society organizations
and activists, who saw it as a step towards establishing a more
comprehensive human rights commission.
In 1987, the Indian government established the National Human Rights
Commission of India, which was a non-statutory body. The commission
was tasked with investigating complaints of human rights violations
and recommending remedial measures. However, the non-statutory
nature of the commission limited its effectiveness, and civil society
organizations continued to demand the establishment of a statutory
human rights commission.
Finally, in 1993, the Protection of Human Rights Act was passed by the
Indian parliament, and the NHRC was established as a statutory body.
The NHRC was given the power to investigate complaints of human
rights violations against both government and non-government
entities, and to recommend remedial measures and provide
compensation to victims of human rights violations.
The establishment of the NHRC was a significant milestone in the
protection of human rights in India. The commission played a critical
role in investigating and reporting on cases of human rights violations,
and in promoting awareness about human rights among the general
public. The NHRC also played a key role in advocating for changes in
laws and policies to better protect the human rights of Indian citizens.
Despite the challenges faced by the NHRC, including political
interference and bureaucratic obstacles, the commission has continued
to be an important institution in the protection of human rights in
India. The NHRC's establishment was a testament to the resilience and
determination of civil society organizations and activists in India, who
worked tirelessly to ensure that the human rights of all Indians are
protected and promoted.

Establishment of NHRC
The National Human Rights Commission (NHRC) is an independent
statutory body established in India to protect and promote human
rights. The NHRC was established by the Protection of Human Rights
Act, 1993, which came into effect on October 12, 1993.
The establishment of the NHRC was a significant step towards
protecting the human rights of Indian citizens. Prior to the NHRC's
establishment, there was no specific institutional mechanism for the
protection of human rights in India. The lack of a formal institution to
address human rights violations was a major cause of concern for civil
society organizations and the international community.
The NHRC was established in response to a growing demand for the
protection of human rights in India. The NHRC was created with the
mandate to investigate, inquire, and intervene in cases of human rights
violations. The commission is also empowered to recommend remedial
measures and provide compensation to victims of human rights
violations.
The NHRC is a multi-member body, consisting of a Chairperson and
four members. The Chairperson is a retired Chief Justice of India, and
the members are appointed by the President of India, in consultation
with the Prime Minister, the Speaker of the Lok Sabha, the Leader of
the Opposition in the Lok Sabha, and the Chief Justice of India.
The NHRC has the power to investigate and inquire into complaints of
human rights violations against both government and non-government
entities. The commission can also conduct suo-motu investigations
into incidents of human rights violations based on media reports or
other sources of information.
The NHRC has been instrumental in promoting awareness about human
rights in India. The commission conducts public hearings, seminars,
and workshops to educate people about their rights and to promote
human rights values.
Since its establishment, the NHRC has played an important role in
addressing human rights violations in India. The commission has
investigated and reported on cases of police brutality, custodial deaths,
extrajudicial killings, and other human rights violations. The NHRC has
also provided compensation to victims of human rights violations, and
recommended changes in laws and policies to protect human rights.
In conclusion, the establishment of the NHRC was a significant step
towards protecting the human rights of Indian citizens. The
commission has played an important role in promoting awareness
about human rights, investigating human rights violations, and
providing compensation to victims of such violations. The NHRC is a
critical institution in ensuring that the human rights of all Indians are
protected and promoted.
QUES 6:- Discuss the Structure and Function of State Human Rights
Commission .
ANS :- State Human Rights Commission was established for the
promotion and safeguarding of human rights in the country. As the
name suggests, it is a state-specific body that came into existence
through an Act of Parliament. The Protection of Human Rights Act of
1993 was the driving force behind the establishment of the State
Human Rights Commission.
The State Human Rights Commission is meant for a specific state and
therefore looks after the human rights protection of the people
belonging to that particular state and also looks at certain violations if
made in the same direction. Get the complete details of the State
Human Rights Commission and gain an in-depth knowledge about its
functions and powers.

State Human Rights Commission

The State Human Rights Commission was created at the state level
under the Protection of Human Rights Act 1993, which also brought
the National Human Rights Commission into existence. Apart from
protecting human rights, the SHRC is also supposed to probe the
violation of human rights, but it can only deal with those subjects that
are mentioned in the List II of the State List and List III of
the Concurrent List.

State Human Rights Commission

The subjects of the SHRC must conform to are mentioned in the
Seventh Schedule of the Indian Constitution. The respective State
Governments are given the power to create a Human Rights
Commission for their particular state if needed.

State Human Rights Commission Members

The State Human Rights Commission, or SHRC, comprises two
members and one chairperson who heads the commission. Here are
other details about SHRC Composition.
 • Appointment of SHRC Members: The State Human Rights
Commission members are appointed by the Governor. They can
only be removed by the President, though.
• Tenure of SHRC Members: The Chairperson and the members of
the State Human Rights Commission are appointed for a term of
three years or till they reach the age of 70 years.
• Salary of SHRC Members: As per the recent change in the salary
& allowances of the SHRC Chairperson & members, the Tamil
Nadu govt. has increased the salary by approx. 177%. The
Chairperson now will receive a salary of Rs 2.5 lakh instead of Rs
90,000 & the members will receive around Rs 2.25 lakh as
compared to Rs 80,000 a month.

Qualification of SHRC Members

There are certain conditions under which a State Human Rights
Chairman & the members need to be appointed.
• The SHRC chairman will be eligible if he/she is a retired judge of
the High Court or a retired Chief Justice.
• The members will also be eligible only if they have been serving
or are retired as a Judge of the High Court or a District Judge
with at least seven years of experience as a District Judge.
• The candidates should also possess prior experience or knowledge
of human rights.
• The office to be held by the SHRC chairman & members has a
term of three years or until they reach 70, whichever is first.
• The Chairman and members of the State Human Rights
Commission are only appointed by the Governor based on
recommendations made by a specific Committee of Chief
Ministers (head of the committee) & the Legislative Assembly
speaker.
• Irrespective of the appointment of the Chairman & State Human
Rights Commission members, made by the Governor, their tenure
can only be terminated by the President of India.

Functions of State Human Rights Commission

Having the protection of human rights as the major goal, the State
Human Rights Commission has to perform various other functions and
responsibilities in order to fulfill its main aim.
 • To look into the violation of human rights in the given state and
especially prevent it from happening in the case of a public
servant.
• To arbitrate in case of pending legal proceedings, including the
claim of human rights violations at any given time in the state.
• To assess the living conditions of prisoners & people who have
been spending time in other detention centres.
• To advocate more research and development on the subject of
human rights.
• To evaluate the conditions that hamper people’s lives & rob them
of their basic human rights and recommend solutions for the
same.
• To raise general awareness of people with respect to human rights
and make them aware of the various ways in which they can
protect their rights from getting violated.

Powers of SHRC
As discussed above, the State Human Rights Commission protects
human rights and prevents violations by adopting various measures. It
has been given certain powers to accomplish the given task easily.
• The State Human Rights Commission is given complete power to
manage the whole process independently.
• It possesses a complete set of powers similar to a civil court and
conducts judicial proceedings in the same way as a court.
• The SHRC has been vested with the power to demand information
from the Governor of the State or any other authority with
respect to the case & can also ask for compensation to be paid to
the victim.
• It can also reach out to the Supreme Court or the State High
Court if a direction or order is required.
Despite all the powers given to the State Human Rights Commission, it
is required to take any action with respect to a case only within the
year of its occurrence, or else it stays no more in its purview.
To this day, 26 states have formed the State Human Rights
Commission in their respective states and are successfully working
towards protecting human rights.

Achievements of State Human Rights Commission

State Human Rights Commissions (SHRCs) were established in India to
protect and promote human rights in different states. Here are some of
the achievements of State Human Rights Commissions in India:
• The Tamil Nadu State Human Rights Commission has ordered the
state government to pay a compensation of Rs. 75 lakhs to 15
Irula tribal members who were subjected to harassment by the
Villupuram police.
• SHRCs have conducted several awareness campaigns to educate
people about their rights and the importance of respecting the
rights of others.
• SHRCs have provided legal aid to victims of human rights
violations who cannot afford legal representation.
• The SHRC in Assam took a suo moto case regarding the fake
encounters that occurred in the city.

Limitations of SHRC
The State Human Rights Commission (SHRC) is a statutory body
established in 1993 in India. While the SHRC is important in promoting
and protecting human rights in India, its functioning has several
limitations. Some of these limitations include:
• The SHRC has limited jurisdiction and can only investigate cases
related to human rights violations in India.
• The SHRC has no enforcement powers and relies on the
government to implement its recommendations.
• The SHRC does not have the authority to take action against
violations of human rights committed by private parties.
• The State Human Rights Commission has little jurisdiction over
cases that concern the armed forces.

How Can SHRC Be Made More Effective?

While the SHRC has effectively raised awareness about human rights
issues in the country, there is always room for improvement. For
starters, the SHRC should be given more powers to investigate and
punish human rights violations. This is because the Commission
currently can only recommend action, but it does not have the power
to enforce its recommendations.
Furthermore, the State Human Rights Commission must create more
awareness about human rights in the country by organizing seminars,
workshops, and training sessions.
QUES 7:- Write an essay on public Interest Litigations.
ANS :- Introduction:
Public Interest litigation, itself says that this is a litigation for any
public interest. In the words of some learned people we can say that
public interest litigation in a litigation which can be file in any court of
law by any public spirited person for the protection of “public interest.”
any act for the benefit of public is public interest.’ and those act are
such as pollution, Terrorism, Road safety, constructional hazards etc.
in all these activities we can clearly see the public interest. As it is said
that this petition can file any public spirited person so its mean that
there should not be interest of only himself.
Public interest litigation is not defined in any statute or any act. It has
been interpreted by judge to consider the intent of public at large. This
is just like a writ petition which is file in high court or supreme court
under article 226 for high court and article 32 for supreme court. When
public interest in affecting at large then this can be filed but affection
on only one person is not a ground for filing this petition. There are
some various area where a public interest litigation can be filed.
• Violation of basic human rights of the poor.
• Content or conduct of government policy.
• Compel municipal authorities to perform a public duty.
• Violation of religious rights or other basic fundamental rights.
In India the first case of PIL was filed in 1976 named Majdur kaamgar
sabha v Abdul bhai Faizulla bhai. Where Krishna Iyar allowed a group of
people to file petition on behalf of others. The rights of the member
were violated Krishna Iyar held either one individual or group of
individuals together can come to the court. But some time misuse of
this petition also comes into picture. This is the problem in PIL that
many time this misused by some people. There are various cases in
which PIL is misused as S.P. Gupta v union of India. In this can misuse
of PIL was cane into picture. and the secondly in the case of Shushes
Kumar v Union of India. in this case there was a manager in a company
and his boss faired him and he gave a PIL in spite of not being any
ground of PIL.

When can PIL be Filed

These are some of the possible areas where a PUBLIC INTEREST
LITIGATION can be filed.
• Where a factory / industrial unit is causing air pollution, and
people nearly are getting effected.
 • Where, in an area / street there are no street lights, causing
inconvenience to commuters
• Where some “Banquet Hall” plays a loud music, in night causing
noise pollution.
• Where some construction company is cutting down trees, causing
environmental pollution.
• Where poor people, are affected, because of state government’s
arbitrary decision to impose heavy “tax”.
• For directing the police / Jail authorities to take appropriate
decisions in regards to jail reforms, such as segregation of
convicts, delay in trial, production of under trial before the court
on remand dates.
• For abolishing child labour, and bonded labour.
• Where rights of working women are affected by sexual
harassment.
• For keeping a check on corruption and crime involving holders of
high political officer.
• For maintaining Roads, Sewer etc in good conditions.
• For removal of Big Hoarding and signboard from the busy road to
avoid traffic problem.
• Recently a PUBLIC INTEREST LITIGATION has been filed, for
directing the “Delhi Traffic Police” to stop the method of sending
challans to address by post, as it is being misused.
So these are the various area in which any public spirited person can
file any PIL for the interest of public. As first point is talking about
factory / industrial unit of the state. As per in this point I want to
focus that if any factory is producing any air pollution and public is
affecting by that then any person can file a PIL on the behalf of the
that public group or particular area. Secondly where in no street light
and it should be must at that place cause of meeting accident regularly.

Where a PIL can be Filed

PIL are used to filed in high court or Supreme Court. If a person want
to go to high court to filing that then he can go under article 226 of
Indian constitutional law and if any person wants to go to supreme
court then he can go under article 32 of the Indian constitutional law
but Article 226 is something distinguished from article 32 of
constitutional law. Under article 32 that person can go to supreme
court whose only fundamental rights are violation nothing else but if
any person going through the violation of not only fundamental right
but also constitutional right and any other legal right also or secondly
we can see by this view that It will purely and solely depend on the
“Nature of the case”, if the question involves only a small group of
people being effected by action of State authority, the PUBLIC
INTEREST LITIGATION can be filed in high court. For e.g. if there is a
sewage problem in a locality effecting 50 families, the PUBLIC
INTEREST LITIGATION can be filed in High court. If a large section of
people is affected whether by State Government or Central
Government, PUBLIC INTEREST LITIGATION can be filed in Supreme
Court For e.g. placing a ban on adult movies, prohibition industrial unit
from causing pollution etc.
So we can say that both of the court have power to entertain the public
interest litigation.

Procedure To File A Public Interest Litigation:

Procedure to file a public interest litigation is just like a filing a general
writ in high court or supreme court.

In High Court:
If a PUBLIC INTEREST LITIGATION is filed in a High court, then two (2)
copies of the petition have to be filed. Also, an advance copy of the
petition has to be served on the each respondent, i.e. opposite party,
and this proof of service has to be affixed on the petition.

In Supreme Court:
If a PUBLIC INTEREST LITIGATION is filed in the Supreme court, then
(4)+(1) (i.e. 5) sets of petition has to be filed opposite party is served,
the copy only when notice is issued.

Court Fees:
A Court fee of RS. 50, per respondent (i.e. for each number of opposite
party, court fees of RS. 50) has to be affixed on the petition.
Procedure:
1. Proceedings, in the PUBLIC INTEREST LITIGATION commence
and carry on in the same manner, as other cases.
2. However, in between the proceedings if the judge feels he may
appoint a commissioner, to inspect allegations like pollution
being caused, trees being cut, sewer problems, etc.
3. After filing of replies, by opposite party, and rejoinder by the
petitioner, final hearing takes place, and the judge gives his final
decision.
The Evolution of PIL in India:
PIL has its origins in the United States, where it was first introduced
as a means of providing legal remedies to the marginalized and
disadvantaged sections of society. In India, PIL was first introduced in
1979 in the case of Mumbai Kamgar Sabha v. Abdul Bhai. The concept
was further developed in the case of SP Gupta v. Union of India in
1981, where the Supreme Court recognized the right of any citizen to
approach the courts on issues of public interest. The concept of PIL
was further strengthened in the case of Hussainara Khatoon v. State of
Bihar in 1985, where the Supreme Court emphasized the importance of
providing access to justice to the marginalized sections of society.

The Concept of PIL:

PIL is a legal mechanism that allows individuals or groups to approach
the courts seeking legal remedies for issues that affect public interest.
It is a means of bringing to the notice of the courts issues that affect
the rights and interests of the public at large. PIL is based on the
principle of access to justice, which ensures that every citizen has the
right to seek legal remedies for any issue that affects their rights and
interests.

Types of PIL:
There are different types of PILs that can be filed in courts. Some of
the common types of PILs are:

1. Environmental PILs: These are filed on issues related to

environmental degradation, pollution, and conservation of natural
resources.

2. Socio-Economic PILs: These are filed on issues related to

poverty, unemployment, and inequality.

3. Human Rights PILs: These are filed on issues related to

violation of human rights, including police brutality, custodial
deaths, and torture.

4. Corruption PILs: These are filed on issues related to corruption

and maladministration.

Impact of PIL on Society:

PIL has had a significant impact on society. It has helped in the
protection of the rights of the marginalized and disadvantaged sections
of society. PIL has also played a significant role in the protection of the
environment, conservation of natural resources, and the promotion of
good governance.
PIL has also been instrumental in bringing about social and political
change. It has helped in the development of a culture of accountability
and transparency in governance. PIL has also played a significant role
in the promotion of human rights and the protection of the rights of
minorities.
Conclusion: PIL is a legal mechanism that has helped in the protection
of the rights and interests of the public at large. It has helped in the
development of a culture of accountability and transparency in
governance. PIL has also played a significant role in bringing about
social and political change in India. PIL has emerged as an essential
tool in the hands of citizens to ensure that their rights and interests
are protected, and the government is held accountable for its actions.