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The Act provides for the constitution of a National Human Rights Commission, State Human Rights Commissions and Human Rights Courts for better protection of human rights in India. It also defines human rights, armed forces, international covenants and other related terms.
THE PROTECTION OF HUMAN RIGHTS ACT, 1993 [As amended by the Protection of Human Rights (Amendment) Act, 2019,No. 19 of 2019 w.e.f. 2-8-2019 vide Notification No. S.O. 2756(E)dt. 1-8-2019] Download (872.47 KB)
- Introduction
- Historical Background of Protection of Human Rights Act, 1993
- Need For The Protection of Human Rights Act, 1993
- Scope of The Protection of Human Rights Act, 1993
- Salient Features of The Protection of Human Rights Act, 1993
- Important Provisions of The Protection of Human Rights Act, 1993
- Lacune in The Protection of Human Rights Act, 1993
- Suggestions
- Conclusion
- References
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As a member of the human family, every individual must have some rights against the state or other public authorities, and these rights are known as “human rights”. Human rights are as old as the ancient doctrine of natural rights, which is based on natural law. The term “human rights” as we know it today is a relatively new concept. They are deriv...
The first documented use of the term “human rights” can be found in the United Nations Charter, which was established after World War II in San Francisco on June 25, 1945. This charter was not legally binding. It actually defined the ideal, which would later be developed by many agencies and entities. In December 1948, the United Nations General As...
India is a member of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights, both of which have been ratified by the United...There was a significant increase in the country and abroad on issues relating to human rights. Considering the changing social realities and emerging trends in the nature of crime and violence, the...Numerous conversations were held at various fora, including the Chief Ministers’ Conference on Human Rights, seminars hosted throughout the country, and talks with leaders of major political partie...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.
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 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....
There are some shortcomings in the Act. They are as follows: 1. The NHRC cannot penalise authorities that do not carry out its orders. 2. If a complaint is filed more than one year after the event, the NHRC cannot investigate it. 3. This Act makes no mention of whether judges (NHRC members) should have a proven record of human rights activism or ex...
The 1993 Act compels all states to establish SHRCs and HRCs in their territories in order to achieve the goal of timely redress and remedy for all. The issue to examine is that the law does not specify how Human Rights Commissions should handle such complaints. The act makes no mention of the jurisdiction of such courts over charges alleging violat...
People in India are now well aware of their constitutional rights, and this is because of the enactment of the Protection of Human Rights Act, 1993, and the establishment of the National Human Rights Commission (NHRC). The State Human Rights Commissions are also working along the same lines as the National Human Rights Commission. However, it still...
Universal Publications’ The Protection of Human Rights, 1993 Bare ActA detailed analysis of the Protection of Human Rights Act, 1993, which was enacted to protect and promote human rights in India. The article covers the historical background, scope, features, provisions, case laws, amendments, lacunae, and suggestions of the Act.
THE PROTECTION OF HUMAN RIGHTS ACX 1993 No. 10 of 1994 ' (8th January,1994) An Act to provide for the constitution of a National Human ' R igh tsC om n. S aeHu !l rx d Human Rights Courts for better protectioh of human rights and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Fortp-fourth Year of the
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An Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and for matters connected
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An Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto.
itu. payable out of the grants referred to in sub-section (1).33. Grants by the State Government.—(1) The State Government shall, after due, appropriation made by Legislature by law in this behalf, pay to the State Commission by way of grants such sums of money as the State Governme.
