75 Years: Laws that Shaped India | The Protection of Human Rights Act, 1993

SANSAD TV - Discussion May 19, 2024 92 Add to Reading List

The Protection of Human Rights Act, 1993, elucidates "Human Rights" as encompassing the rights pertaining to life, liberty, equality, and dignity of individuals, enshrined in the Constitution or reflected in international agreements, enforceable by Indian courts.

The National and State Human Rights Commissions epitomize India's commitment to advancing and safeguarding human rights.

The Protection of Human Rights Act originated from India's commitment to the Universal Declaration of Human Rights signed in 1948, aiming to ensure the universal recognition and adherence to human rights principles.

India further solidified its dedication by incorporating human rights provisions into its Constitution, including fundamental rights. This laid the foundation for the development and significance of human rights in the country between 1968 and 1993, culminating in the enactment of the Protection of Human Rights Act.

India has ratified various international treaties concerning the protection of human rights, including:

India's parliament enacted the landmark Protection of Human Rights Act on December 18, 1993.

The establishment of the National Human Rights Commission (NHRC) aligns with the Paris Principles, established for the advancement and safeguarding of human rights in Paris (October 1991). These principles were endorsed by the United Nations General Assembly on December 20, 1993.

The Paris Principles serve as a set of global standards that shape and direct the operations of National Human Rights Institutions (NHRIs).

The Protection of Human Rights Act, 1993 was implemented with retrospective effect starting September 28, 1993.

It extends its jurisdiction across the entirety of India, with specific application to matters concerning the Union List and the Concurrent List in the case of Jammu and Kashmir.

Enacted to safeguard human rights, the Protection of Human Rights Act, 1993 established the:

National Human Rights Commission (NHRC)
State Human Rights Commission (SHRC)
Human Rights Courts

National Human Rights Commission (NHRC):

Overview: The NHRC serves as a watchdog for human rights in India, focusing on rights related to life, liberty, equality, and dignity as guaranteed by the Indian Constitution and international agreements enforceable by Indian courts.

Establishment: Established on October 12, 1993, under the Protection of Human Rights Act (PHRA), 1993, the NHRC was subsequently amended by the Protection of Human Rights (Amendment) Act, 2006, and Human Rights (Amendment) Act, 2019.

Alignment with Paris Principles: Conforming to the Paris Principles, adopted to promote and protect human rights in Paris in October 1991, the NHRC was endorsed by the United Nations General Assembly in December 1993.

Composition:

Key Members: The National Human Rights Commission (NHRC) comprises a chairman and four members, forming a multi-member body. The chairman must have served as the Chief Justice of India or as a judge of the Supreme Court.

Appointment: Appointments to the NHRC are made by the President upon the recommendations of a six-member committee. This committee is chaired by the Prime Minister and includes the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, and leaders of the Opposition from both Houses of Parliament, along with the Union Home Minister.

Tenure: The chairman and members of the NHRC serve a term of three years or until they reach the age of 70, whichever comes earlier. The President retains the authority to remove the chairman or any member under specific circumstances.

Role of National Human Rights Commission (NHRC):

Investigate any infringement of human rights or failure to prevent such violations by public officials, either spontaneously or upon receiving a petition or court order.
Intervene in legal proceedings involving alleged human rights violations.
Conduct visits to prisons and detention facilities to assess inmates' living conditions and provide recommendations.
Evaluate constitutional and legal safeguards for human rights protection and propose measures for their effective enforcement.
Examine factors, including terrorism, that obstruct the enjoyment of human rights and suggest corrective actions.
Analyze international treaties and instruments related to human rights and propose strategies for their implementation.
Conduct and encourage research in the human rights field.
Promote human rights awareness among the public and disseminate information about available safeguards.
Support the activities of non-governmental organizations (NGOs) engaged in human rights work.
Undertake additional tasks deemed necessary for promoting human rights.

State Human Rights Commission (SHRC):

Members & Appointment: The State Commission's chairman and members are appointed by the Governor in consultation with the Chief Minister, State Home Minister, Speaker of the Legislative Assembly, and the Leader of the Opposition in the State Legislative Assembly.

Tenure: Both the chairperson and members serve a term of three years or until they reach the age of 70, whichever occurs first.

Removal: While the Governor appoints the chairperson and members of a State Human Rights Commission, only the President holds the authority to remove them from office.

Limitations Regarding NHRC:

Investigation Mechanism: The NHRC lacks an independent investigation mechanism. Typically, it relies on the Central and State Governments to investigate human rights violations.
Time Limitation: Many grievances remain unaddressed as the NHRC cannot investigate complaints filed more than one year after the incident.
Decision Enforcement: The NHRC can only issue recommendations and lacks the authority to enforce its decisions.
Underestimation & Financial Constraints: The NHRC is sometimes perceived as a post-retirement option for judges and bureaucrats with political affiliations. Additionally, inadequate funding hampers its effectiveness.
Neglected Recommendations: Government often rejects NHRC recommendations outright or partially complies with them.
Limitations of Powers: State human rights commissions lack the authority to seek information from the national government, limiting their ability to investigate human rights violations by armed forces under national jurisdiction.

Conclusion:

While the Protection of Human Rights Act, 1993 and the establishment of the National Human Rights Commission (NHRC) and State Human Rights Commissions represent significant steps towards safeguarding human rights in India, there are evident limitations and areas for improvement. The NHRC's effectiveness is hindered by constraints such as limited investigation mechanisms, lack of enforcement power, inadequate funds, and neglected recommendations. To enhance the NHRC's efficacy, reforms such as restructuring, enforcement of decisions, inclusion of diverse members, development of an independent cadre, updating laws, and fostering participation are imperative. Addressing these issues will bolster the NHRC's role as a vigilant guardian of human rights and contribute to a more just and equitable society in India.