SCHOOL OF LAW, FORENSIC JUSTICE AND POLICY

STUDIES

CRIMINAL JUSTICE SYSTEM & HUMAN RIGHTS

(SLMLCL-S2-EIA-P2)
Academic Year: 2023-2024

CONTINUOUS ASSESSMENT- 01

TOPIC: THE PROTECTION OF HUMAN RIGHTS ACT, 1993

SUBMITTED BY:
AKANSHA SHARMA
LL.M. (Criminal law and Criminal Justice Administration)
2023-2024
 INTRODUCTION

Human rights are fundamental for each member of the human family to be safeguarded
against the state and other public authorities. The concept of Human Rights dates back to the
dawn of Human Civilization. They are an essential aspect of human life. The current laws
regarding Human Rights have their origins in ancient times. From the Vedic era onwards,
people have recognized the importance of having certain freedoms and liberties to lead a
dignified life, which eventually evolved into the concept of Human Rights. 1

The term "human rights" is a relatively recent concept, emerging from international
agreements and conventions established after World War II. . In India, the Protection of
Human Rights Act, 1993 was passed by both Houses of Parliament and received presidential
assent on January 8, 1994, solidifying the importance of human rights in the country.

HISTORY

The term "human rights" was first officially used in the United Nations Charter, created in
San Francisco on June 25, 1945, after World War II. Although this charter was not legally
binding, it set the groundwork for the development of human rights by various organizations.
In December 1948, the United Nations General Assembly made a crucial move by adopting
the Universal Declaration of Human Rights to safeguard human rights. However, the
challenge remained as the UN lacked a mechanism to enforce this declaration due to its non-
legally binding nature.

The United Nations General Assembly sought to tackle the issue by adopting two covenants
for the safeguarding of human rights in December 1965:

 The Covenant on Civil and Political Rights, and

 The Covenant on Economic, Social, and Cultural Rights.

The former established legally enforceable individual rights, while the latter encouraged
states to implement them through legislation. Both Covenants came into effect in December
1976, once they were ratified by the necessary number of member states. Subsequently, by
the end of 1981, numerous states, such as India, had ratified the Covenants. Consequently,
the ratifying states became legally obligated by these covenants.

In the early 1910s, India faced widespread criticism on the global stage due to human rights
violations committed by its armed forces in Jammu and Kashmir 2. The Indian government
was pressured by the United States and several Western nations to acknowledge and address
these violations. Simultaneously, there was a significant domestic demand for a
comprehensive legislation to tackle various human rights issues. In response to both the
national demand and as a constructive response to foreign criticism, the Human Rights
Commission Bill was introduced in the Lok Sabha on May 14, 1992 3. Following extensive

1
Vedic age and the emergence of human rights, available at: http://ijrar.com/upload_issue/ijrar_issue_333.pdf
2
(Kaushik Dhar, 2012)
3
(Md. Rasikh Raza Pahalwi & Vishakha Singh, 2022)
discussions, the Bill was subsequently referred to the Parliament's Standing Committee on
Home Affairs.

WHY THE HUMAN RIGHTS PROTECTION ACT, 1993

1. Member of International Conventions & Treaties

India, as a signatory to the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social, and Cultural Rights, ratified both of these
covenants through the United Nations General Assembly on December 16, 1966. The
Constitution of India provides substantial protection for the human rights enshrined in
these covenants. Therefore, the enactment of this law was an urgent requirement.

2. Social Pressure

Concerns pertaining to human rights have witnessed a substantial rise within the country
and across borders. In light of the evolving social realities and emerging patterns of crime
and violence, the government has undertaken a comprehensive reassessment of the
existing legal framework, procedures, and systems of justice administration. The
objective is to enhance accountability, transparency, and to develop more streamlined and
effective approaches to address the prevailing situation. As a result, the government has
acknowledged the necessity of enacting a dedicated law that specifically addresses human
rights issues.

3. Conferences and Discussions around the Globe

Several dialogues occurred at different platforms, including the Chief Ministers’

Conference on Human Rights, nationwide seminars, and consultations with leaders of
prominent political parties. The perspectives shared in these interactions strongly
advocated for the implementation of this legislation.

SCOPE OF THE ACT

The Act originally stated in Section 1(2) 4 that it applies to all of India and, in the case of
Jammu and Kashmir, it applies only to the union list and concurrent list. However, Act 34 of
20195 has removed this provision, and now the Act extends to the entirety of India.

SALIENT FEATURES OF THE ACT6

 The Act serves as a protective mechanism to uphold the rights of individuals,

commonly known as "Human Rights." These rights encompass crucial aspects such as
the right to life, liberty, equality, and dignity, which are constitutionally guaranteed.

4
Protection of Human Rights Act, 1993, available at: https://www.drishtiias.com/loksabha-rajyasabha-
discussions/75-years-laws-that-shaped-india-the-protection-of-human-rights-act-1993
5
The Jammu & Kashmir Recognition Act, 2019, available at https://ladakh.gov.in/document/the-jammu-and-
kashmir-reorganisation-act-2019/
6
Ibid at 4
  Its primary objective is to prevent any abuse of power by state bodies, ensuring the
preservation of these rights.
 Furthermore, the Act aims to establish an organization dedicated to the advancement
and personal growth of all living beings. It also provides effective and necessary
measures to address rights violations promptly.
 The most significant aspect of this legislation is the establishment of the National
Human Rights Commission, State Human Rights Commissions, and Human Rights
Courts, which play a vital role in preventing and prosecuting severe human rights
violations.

IMPORTANT PROVISIONS OF THE HUMAN RIGHTS PROTECTION ACT,

1993

Following are the important provisions of the Act:

1. DEFINITION: SECTION 2 OF THE ACT

2. NATIONAL HUMAN RIGHTS COMMISSION: SECTION 3-20 OF THE ACT
3. STATE HUMAN RIGHTS COMMISSION: SECTION 21-29 OF THE ACT
4. HUMAN RIGHTS COURTS: SECTION 30 & 31 OF THE ACT

DEFINITION: CHAPTER I- SECTION 2 OF THE ACT

a. HUMAN RIGHTS: Section 2(d)7

As per Section 2 of the Protection of Human Rights Act, 1993 (referred to as 'the Act'),
"human rights" encompass the rights concerning life, liberty, equality, and dignity of the
individual as guaranteed by the Constitution or enshrined in the International Covenants,
which can be upheld by Indian courts. The term "International Covenants8" refers to the
International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights adopted by the United Nations General Assembly on
December 16, 1966.

The definition mentioned restricts the scope of the functions of the National Human Rights
Commission as India has ratified solely the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social, and Cultural Rights. However,
these covenants are not directly enforceable as law in Indian courts. Therefore, under the
Protection of Human Rights Act 1993, the definition of human rights is firmly limited to the
fundamental rights included in Part III of the Constitution, which are enforceable by Indian
courts.

In the celebrated case of Kesavananda Bharati v. State of Kerala (1974)9 , the court
conducted a comparison between the Universal Declaration of Human Rights (UDHR) and

7
Section 2(d) of The Protection of Human Rights Act, 1993, ‘’ "human rights’’ means 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”.
8
Section 2(f) of The Protection of Human Rights Act, 1993
9
Kesavananda Bharati v. State of Kerala, AIR 1972 SC 1461
the Fundamental Rights, concluding that, apart from Article 13(2) 10 of the Indian
constitution, which is based on the UDHR, the Fundamental Rights are immutable. As a
result, the court introduced the "Basic Structure Doctrine," asserting that the essential features
of fundamental rights cannot be revoked or modified through amendments, whether by the
parliament or through constitutional amendments.

This particular case holds significant importance in the realm of Human Rights as it pertains
to the core rights that form the foundation of basic human rights, enabling individuals to seek
redress for violations of their fundamental human rights.

In the landmark judgement of Chairman of Railway Board v. Chandrima Das (2000)11 the
court granted compensation to the victim in accordance with Public Law, due to the violation
of the victim's Fundamental Rights and Human Rights Jurisprudence (as per UDHR'S Moral
Code of Conduct).

Within this context, the court has implemented a crucial and current branch of law known as
Human Rights Jurisprudence. It has effectively upheld human rights in the face of state
imposition and recognized the significance of Universal Declarations of Human Rights in its
interpretations.

In the case of Beenu Rawat v. Union of India12, the Apex Court In compliance with Section
12(a) of the Protection of Human Rights Act of 1993, directed the National Human Rights
Commission to investigate the purported infringement of the protesters' fundamental right to
life and dignity. The court also clarified that the concept of "human rights" encompasses
rights to life, liberty, equality, and dignity as enshrined in the Constitution.

In another case of P.T. Munichikkanna Reddy v. Revamma (2007)13, the Supreme Court has
ruled that the right to property is now considered a human right in addition to being a
constitutional or statutory right. Human rights have typically been seen as individual rights,
such as the right to health, livelihood, shelter, and employment, but they are evolving into a
more intricate concept. The right to property is also seen as a significant aspect of this new
development. Consequently, even a claim of adverse possession should be analyzed within
this framework.

b. Commission: According to Section 2(c) of the Act, “Commission” means

National Human Rights Commission (herein referred as NHRC), Constituted
under Section 3 of the Act.

c. Human Rights Courts: According to Section 2(e) of the Act, “Human Rights
Courts” means the Courts constituted as specified under Section 30 of the Act.

NATIONAL HUMAN RIGHTS COMMISSION

10
“The State shall not make any law which takes away or abridges the rights conferred by this Part and any law
made in contravention of this clause shall, to the extent of the contravention, be void.”
11
Chairman of Railway Board v. Chandrima Das, AIR 2000 SC 988
12
Beenu Rawat & Ors v. Union of India & Ors, AIR 2014 SC 538
13
P.T. Munichikkanna Reddy v. Revamma,AIR 2007 SC 1753
Chapters II, III, and IV of the Act specifically address the constitution, composition, and
functioning of the NHRC. It acts as a watch-dog of human rights in India. 14 The NHRC was
founded in accordance with the Paris Principles of Human Rights in 1991 15, which were
created to advance and safeguard human rights.16 These principles were approved by the
United Nations during its General Assembly17 in 1993. It was amended by the Protection
of Human Rights (Amendment) Act, 2006 and Human Rights (Amendment) Act, 2019.

SECTION 3: CONSTITUTION AND COMPOSITION OF NHRC

The establishment of the National Human Rights Commission (NHRC) is outlined in Chapter
II of the Act. Section 3 (1)18 of the Act specifies that it is the responsibility of the Central
Government to set up the NHRC.

The Act's Section 3(2), (3) & (4) specifies the composition of the Commission. The following
details provide a comprehensive understanding.

Chairman of
Retired Chief Justice of India
NHRC

Member 1 One who is/has been a Judge of the Supreme Court of India

Member 2 One who is/has been a Chief Justice of a High Court

Three Members
(out of which at They are to be appointed from amongst persons having knowledge
least one shall be a of, or practical experience in, matters relating to human rights.
woman)

Deemed members are chairpersons of the following national

commissions: National Commission for Backward Classes
Deemed Members National Commission for Minorities National Commission for
(Ex-officio Protection of Child Rights National Commission for the Scheduled
Members) Castes National Commission for the Scheduled Tribes National
Commission for Women Chief Commissioner for Persons with
Disabilities

14
Ibid 4
15
The Paris Principles of Human Rights, 1991, available at
https://ganhri.org/parisprinciples/#:~:text=The%20Paris%20Principles%20('Principles%20Relating,are%20plur
alism%2C%20independence%20and%20effectiveness.
16
Ibid 4
17
General Assembly of UN, document available at https://www.un.org/en/ga/
18
It shall be deemed to have come into force on the 28th day of September, 1993
SECTION 4: APPOINTMENT OF NHRC MEMBERS

In order to appoint the chairman and members, the President follows the recommendations
put forth by a six-member committee. This committee is headed by the Prime Minister and
comprises the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the
leaders of the Opposition in both the Houses of Parliament, and the Union Home Minister. 19

Furthermore, it is outlined in this section that the appointment of a sitting Supreme Court
Judge or Chief Justice requires consultation with the Chief Justice of India. 20

In the landmark case People’s Union for Civil Liberties v. Union of India (2005)21, the
Supreme Court rejected the petition, emphasizing that Section 3(2)(d) is crystal clear and
leaves no room for interpretation. It explicitly states that individuals with expertise in human
rights can be part of the Commission, without any bias or exclusion based on public
perception or prejudice.

SECTION 6 : TENURE OF THE MEMBER OF NHRC

The chairman and members are in office for a term of three years or until they turn 70,
whichever happens first 22. The President is able to dismiss the chairman or any member from
their position under certain circumstances. 23

CHAPTER III : FUNCTIONS & POWERS OF NHRC

In accordance with Section 12 of the Act, the National Human Rights Commission has the
following functions and powers:

- NHRC is authorized to investigate complaints regarding Human Rights violations or

negligence in preventing such violations by a public servant, either on its own initiative or
after receiving a petition.

- NHRC can intervene in any legal proceedings involving allegations of human rights
violations.

- It has the power to inspect any prison or institution under state government control to assess
the living conditions of inmates. It can also provide recommendations to the authorities based
on its findings.

- NHRC can review the constitutional provisions protecting human rights and suggest
punitive measures.

- Identify barriers to the enjoyment of human rights, including terrorism, and recommend
appropriate solutions.

19
Section 4 of the Protection of Human Rights Act, 1993
20
Ibid 23
21
People’s Union for Civil Liberties v. Union of India (2005), AIRONLINE 2005 SC 162
22
Section 6 of the Protection of Human Rights Act, 1993
23
Section 5 of the Protection of Human Rights Act, 1993
- Analyze human rights treaties and other international agreements and propose ways to
effectively implement them.

- The Commission conducts and encourages research in the field of human rights.

- NHRC promotes Human Rights literacy and awareness of available safeguards through
various means such as media, seminars, and publications.

- Support non-governmental organizations and institutions working in the human rights

sector.

- The National Human Rights Commission may undertake any other functions it deems
necessary for the advancement of human rights.

In the matter of Paramjit Kaur v. State of Punjab(1999)24, the Supreme Court of India
elucidated certain guidelines and regulations governing the functions and powers of the
Commission. In the exercise of its jurisdiction under Article 32 of the Constitution of India,
the Supreme Court has entrusted the National Human Rights Commission with the
responsibility to address specific matters as directed in its order. All authorities in the country
are bound by the Supreme Court's directives and are required to act in support of the Court.
The National Human Rights Commission is no exception to this obligation. The Commission
operates in accordance with the directions issued by the Supreme Court, rather than the Act
that establishes its framework. When deliberating on cases referred by the Supreme Court,
the National Human Rights Commission enjoys autonomy and is not limited by any
conditions. Hence, the jurisdiction exercised by the Commission in these matters is of a
unique nature, not governed by existing laws, and can be considered sui generis.

The NHRC has intervened in several important cases, taking a proactive approach to prevent
human rights violations. For example in Gujarat Riots case, Punjab mass cremations case,
encounter deaths in Andhra Pradesh, Issue of deportation of illegal Rohingya immigrants, and
many more.

Under Section 13 of the Act, the NHRC is granted the same powers as a civil court under the
Code of Civil Procedure when conducting investigations into complaints.

As per Section 14, the Commission has the authority to engage the services of any officer or
intelligence agency from the Central or State Government to carry out investigations
pertaining to the inquiry.

Section 20 mandates the Commission to submit both an annual report and special reports to
the Central Government and state governments.

24
Paramjit Kaur v. State of Punjab, CRWP no. 4338 of 2021
STATE HUMAN RIGHTS COMMISSION (herein referred as SHRC)

Chapter V, Sections 21–2925, outlines the regulations pertaining to the establishment,

structure, and operations of the SHRC.

State Human Rights Commissions, operating within the framework of statutory provisions,
play a crucial role in upholding human rights and addressing instances of violations within
their specific states. Similar to the National Human Rights Commission's mandate at the
national level, these commissions diligently fulfil their responsibilities.

The State of West Bengal took the lead in India by establishing the first-ever State Human
Rights Commission on January 31st, 1995. As per official data, this commendable initiative
has been emulated by 26 other states, each having their own State Human Rights
Commission.26

CONSTITUTION & COMPOSITION OF SHRC

In accordance with Section 21 of the Act, the State Government has the authority to create
the Human Rights Commission for that particular state.

The Supreme Court, in the matter of D.K. Basu v. State of W.B. (2015)27, determined that the
formation of a state Human Rights Commission is compulsory and cannot be left to the
discretion of the state government.

The Section 21 of the Act provides that the State Human Rights Commission shall consist of
the following:

Chairperson Former Chief Justice or a Judge of a High Court

A Judge of a High Court or District Judge in the State with at least seven
Two years of experience as a District Judge.
members A person who has knowledge as well as practical experience in human rights
issues.

Two Persons having knowledge and practical experience in the field of Human
Members Rights.

SCOPE AND JURISDICTION OF SHRC

The State Commission is empowered to probe human rights violations pertaining to any
items listed in Lists II and III of the Seventh Schedule of the Indian Constitution, in
accordance with the principle of res judicata.28

25
The Protection of Human Rights Act, 1993
26
Ibid 4
27
D.K.Basu v. State of West Bengal, AIR 1997 SC 610
28
Section 21(5) of The Protection of Human Rights Act, 1993
With the agreement of a chairperson or member of a state commission, it is possible for two
or more state governments to appoint them as a chairperson or member of another state
commission at the same time, provided they give their consent.29

FUNCTIONS AND POWERS OF SHRC

In Bihar State Electricity Board v. Bihar State Human Rights Commission (2012)30, it was
observed by the High Court of Patna that the State Human Rights Commission has the same
functions and powers within the jurisdiction of the State as the NHRC has under Section 12
of the Act.31

HUMAN RIGHTS COURTS : SECTION 30 & 31 OF THE ACT

Section 30 and 31 of Chapter VI of the Act outlines the establishment of Human Rights
Courts in every district.

State Governments are empowered by Section 30 of the Act to establish Human Rights
Courts in each District, with the approval of the Chief Justice of the High Court, through a
Notification that designates a Court of Sessions as a Human Rights Court.

Pursuant to Section 31 of the Act, the State Government is required to designate a public
prosecutor or an advocate with a minimum of seven years of practice as an advocate to
handle cases in the Human Rights Courts. This individual would hold the title of "Special
Public Prosecutor."

It should be noted, though, that establishing Human Rights Courts in every district is not
obligatory, as Section 30 of the Act states that "the State Government may establish the
Courts." Nonetheless, to ensure prompt trials for human rights violations, it is recommended
that states, especially those with high numbers of such violations, establish these courts.

AMENDMENTS IN THE PROTECTION OF HUMAN RIGHTS ACT, 1993

 The Protection of Human Rights (Amendment) Act, 200032

Amendments were made to the act in order to authorize the retroactive implementation of
rules. Section 40A was introduced into the act to address this particular issue.

 The Protection of Human Rights (Amendment) Act, 200633

The amendment Act brought about several changes to the structure of the SHRC, notably
by reducing the number of SHRC members and modifying the criteria for membership.
Additionally, this amendment Act empowered the NHRC with new authorities, such as
the ability to visit prisons without prior notice to state governments.

29
Ibid 32
30
Civil Writ Jurisdiction Case no. 6443 of 2013
31
Section 12 of The Protection of Human Rights Act, 1993: Functions of the Commission
32
Protection of Human Rights Act, 1993, available at: https://www.drishtiias.com/loksabha-rajyasabha-
discussions/75-years-laws-that-shaped-india-the-protection-of-human-rights-act-1993
33
Ibid 36
 Furthermore, this amendment Act specified that the Chairperson of the National
Commission for the Scheduled Castes and the Chairperson of the National Commission
for the Scheduled Tribes would be considered as members of the NHRC.

 The Protection of Human Rights (Amendment) Act, 2019

According to this amendment Act, an individual who has previously served as a Supreme
Court Judge, along with the Chief Justice of India, is eligible to be selected as the
Chairperson of the Commission. Furthermore, the Act proposes to expand the number of
Members in the Commission from two to three, with one of them being a woman.
Additionally, it includes the Chairperson of the National Commission for Backward
Classes, the Chairperson of the National Commission for Protection of Child Rights, and
the Chief Commissioner for Persons with Disabilities as designated Members of the
Commission.34

This amendment Act has reduced the term of the Chairperson and Members of the
Commission and State Commissions from five to three years. Additionally, it has
expanded the eligibility criteria for the position of Chairperson of the State Commission
to include individuals who have served as Judges of a High Court.35

THE SHORTCOMINGS: WHERE IS THE LACKUNE?

The Constitution of India has indeed enshrined a multitude of rights; however, a considerable number
of individuals remain oblivious to these rights, which are safeguarded by the Constitution. This lack
of awareness stems from their vulnerable conditions and the constant battle they endure for their mere
existence. Regrettably, these individuals, who are frequently subjected to human rights violations, are
unable to prioritize seeking justice through the legal system, as their immediate focus lies on securing
their daily wages rather than protecting their basic human rights. 36

The Constitution has incorporated the responsibilities of the State under Part IV, known as the
Directive Principles of State Policy37, to pass laws and strive for the well-being of the Indian people in
different areas. However, it should be noted that these directive principles are not legally binding, and
individuals cannot seek legal recourse if the government fails to implement them. 38

The NHRC lacks the power to penalize authorities who fail to comply with its directives. If a
complaint is lodged more than a year after the incident, the NHRC is unable to conduct an
investigation. This legislation does not specify whether NHRC members, who are judges,
must possess a proven track record in human rights activism, relevant experience, or
qualifications in the field. When addressing human rights violations by the armed forces, the
commission can request a report from the government and offer suggestions. There is no

34
The Protection of Human Rights (Amendment) Act, 2019
35
Ibid 38
36
UNVELING THE PROMINENCE OF PRIMORDIAL CONCEPT OF HUMAN RIGHTS: IN THE LIGHT
OF HUMAN RIGHTS IN INDIA, MD. RASIKH RAZA PAHALWI & VISHAKHA SINGH (Sep 2022),
available at https://articles.manupatra.com/article-details/UNVELING-THE-PROMINENCE-OF-
PRIMORDIAL-CONCEPT-OF-HUMAN-RIGHTS-IN-THE-LIGHT-OF-HUMAN-RIGHTS-IN-INDIA
37
Part IV of Indian Constitution, available at: https://www.mea.gov.in/Images/pdf1/Part4.pdf
38
Ibid 40
legal obligation to include academics, NGO representatives, or civil society members who
have contributed to the advancement of human rights. The NHRC can only request
authorities to seek relief for victims from higher courts. The competent authority must either
implement the recommendations or provide reasons for not doing so within one month. The
NHRC does not have jurisdiction over private entities that violate human rights. It can only
suggest remedies but lacks the power to enforce them.

The functioning of the Human Rights Commission is meant to be independent, but the
absence of specific provisions leaves it reliant on the Government. Notably, the
Commission's human resources and finances are tied to the Government as per Section 11
and Section 32 of the Act, respectively. 39

In order to seek redressal for grievances, the Act has imposed a limitation period of one year
before the human rights commissions. As per Section 36 clause 2 40, if a complaint is lodged
after one year from the incident, the human rights commissions are unable to conduct an
investigation. Consequently, a considerable number of legitimate grievances are left
unattended if the victim fails to approach the commission within the specified timeframe. 41

SUGGESTIONS ON THE TABLE

The author the followings suggestions to make The Protection of Human Rights Act, 1993
more effective and efficient:

1. Enhancing the effectiveness of human rights commissions can be achieved by making their
decisions immediately enforceable by the government, thus saving time and resources.
Furthermore, providing commissions with clear authority to take action against government
departments that provide false information will help prevent biased outcomes, particularly in
cases involving allegations against law enforcement agencies.
2. Independence in Recruitment of Staff: Human rights commissions should establish
an autonomous team of staff members who possess relevant experience. The current
practice of depending on individuals seconded from various government departments
is inadequate, as it has been observed that many lack sufficient knowledge and
comprehension of human rights matters. This issue can be addressed by hiring
specially selected and skilled staff to effectively manage the high volume of
complaints.
3. Separate team dealing with misconduct of Law Enforcement Agencies: The
majority of human rights commissions' workload revolves around addressing
complaints concerning police misconduct and abuses. To streamline this process and
allocate resources more effectively, it is worth considering the creation of a
specialized agency solely responsible for overseeing civilian complaints against the
police. By establishing such an independent body, we can enhance accountability and
ensure a fair and thorough investigation of police-related grievances. Valuable

39
Ibid 40
40
Protection of Human Rights Act, 1993 (Act 43 of 2006) s. 36(2)
41
Protection of Human Rights in India, available at: https://niu.edu.in/sla/online-classes/Amartish-
Kaur_Human-Rights.pdf
 insights can be gained from international examples: the UK, for instance, has an
Independent Police Complaints Commission; South Africa has an Independent
Complaints Directorate; and Brazil has Police Ombudsmen offices in specific
provinces that focus solely on addressing police complaints.

CONCLUSION

Human rights are fundamental rights that are essential for the growth and well-being of
individuals. Without these rights, a person cannot lead a life of dignity. The Constitution of
India upholds these fundamental rights, not only in its Articles but also in the Preamble which
highlights the importance of protecting individual freedoms and dignity. The Indian Judiciary
has even relaxed the rule of locus standi to safeguard human rights, leading to the evolution
of Public Interest Litigation. Through PILs, instances of human rights violations have been
brought to the attention of the Courts, resulting in the protection of rights for various groups
such as women, workers, children, and prisoners. The judiciary acts as a protector of human
rights, ensuring that every individual can live with dignity.

The protection of human rights is a significant concern worldwide, with international

instruments in place to safeguard these rights. The Protection of Human Rights Act 1993 is
an example of national initiatives to protect human rights, establishing bodies like the
National Human Rights Commission and State Human Rights Commissions. Furthermore,
Human Rights Courts at the district level aim to ensure justice for victims of human rights
violations at all levels. The National Human Rights Commission has played a crucial role in
protecting human rights and providing financial assistance to victims and their families.
Amendments to the Act may be required for better implementation of existing laws.
REFERENCES

 Universal Publications’ The Protection of Human Rights, 1993 Bare Act

 Role of Judiciary in protection of Human Rights, available
at: https://madhavuniversity.edu.in/human-rights.html
 Background of 'Kesavananda Bharti' case, available
at: https://corporate.cyrilamarchandblogs.com/2017/09/kesavananda-bharati-v-state-
kerala-basic-structure-doctrine/
 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3761174
 https://nhrc.nic.in/sites/default/files/Unit_2.pdf
 Case of Kesavanada Bharti v. State of Kerela, 1974, available at: https://www.ebc-
india.com/lawyer/articles/74v1a2.html
 Article 12 of UDHR, available
at: https://www.humanrights.com/course/lesson/articles-12-18/read-article-12.html
 https://articles.manupatra.com/article-details/UNVELING-THE-PROMINENCE-OF-
PRIMORDIAL-CONCEPT-OF-HUMAN-RIGHTS-IN-THE-LIGHT-OF-HUMAN-
RIGHTS-IN-INDIA
 Background of the case of Chairman of Railway Board v. Chandrima Das, available
at: https://lawplanet.in/chairman-railway-board-v-chandrima-das-case-summary/
 More Effective Human Rights Commissions in India, available
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effective_hr_comm_india.pdf
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