Introduction:
The Expression "Human Rights" denotes all those rights which are inherent in our very nature and without which we can not live as Human Beings. These are inalienable rights which belong equally to the all the members of the Human family and, as such should be protected by the Rule of Law.For the enforcement of the Human Rights, number of special bodies have been established in accordance with International Conventions dealing with particular aspects of human rights. These various bodies pay their full time and attention to regulate the enforcement of the provisions of all these conventions. It includes Human Rights Committee, the committee on economic, social and cultural rights, the committee on the elimination of racial discrimination, the committee on the elimination of discrimination against women, the committee against torture and committee on the right of the child.
These bodies, in general, supervise the enforcement of the relevant International human rights conventions. They receive information from all reliable sources including reports from States, International and non-governmental organizations and communications made to them by the victim of violations of human rights. These bodies review the information and take appropriate actions to meet the situation.
The enforcement mechanism available in India for the Protection of Human Rights
In India, the Parliament has enacted the Protection of Human Rights Act, 1993 for the Constitution of National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for protection of Human Rights and matters related to Human Rights Violation.
National Human Rights Commission:
Protection of Human Rights Act National Commission on Human Rights was set up in India on 27 September 1993 when the President of India Prolumgated an Ordinance. Provisions for the setting up of similar Commissions at State level were also made in the Ordinance. Later, The Lok Sabha passed the Protection of Human Rights Bill on 18 December 1993 to replace Presidential Ordinance. After the assent of President of India on 8 January 1994 which is known as the Protection of the Human Rights Act. The purpose of the Act was to provide for the constitution of a National Human Rights Commission in State and Human Rights Courts for better protection of Human Rights and for matters connected therewith.
Constitution:
The Commission shall consist of:
(a) A Chairperson who has been a Chief Justice of the Supreme Court;
(b) One Member who is or has been, a Judge of the Supreme Court;
(c) One Member who is, or has been, the Chief Justice of a High Court;
(d) two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights and the Chairpersons of the National Commission for Minorities, the Scheduled Castes and Scheduled Tribes and Women.
Protection of Human Rights Act National Commission on Human Rights was set up in India on 27 September 1993 when the President of India Prolumgated an Ordinance. Provisions for the setting up of similar Commissions at State level were also made in the Ordinance. Later, The Lok Sabha passed the Protection of Human Rights Bill on 18 December 1993 to replace Presidential Ordinance. After the assent of President of India on 8 January 1994 which is known as the Protection of the Human Rights Act. The purpose of the Act was to provide for the constitution of a National Human Rights Commission in State and Human Rights Courts for better protection of Human Rights and for matters connected therewith.
Constitution:
The Commission shall consist of:
(a) A Chairperson who has been a Chief Justice of the Supreme Court;
(b) One Member who is or has been, a Judge of the Supreme Court;
(c) One Member who is, or has been, the Chief Justice of a High Court;
(d) two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights and the Chairpersons of the National Commission for Minorities, the Scheduled Castes and Scheduled Tribes and Women.
Appointment of Chairperson and Members:
The Chairperson and the Members of the Commission shall be appointed by the President of India on the recommendation of six members and shall hold office for a Period of Five years from the date on which they enter upon the office. They shall be eligible for reappointment for another term. A person can serve at the Commission until the age of Seventy years.
The Chairperson and the Members of the Commission shall be appointed by the President of India on the recommendation of six members and shall hold office for a Period of Five years from the date on which they enter upon the office. They shall be eligible for reappointment for another term. A person can serve at the Commission until the age of Seventy years.
See....Powers and Functions of National Human Rights Commission
State Human Rights Commission:
The Act also provided under Chapter V for the Setting up of the State Human Rights Commission in States which shall Consist of:
(1) A Chairperson who has been Chief Justice of a High Court;
(2) One member who is or has been a Judge of a High Court;
(3) One member who is or has been a District Judge in the State and two members to be appointed from amongst persons having knowledge of or practical experience in matters relating to Human Rights. The Chairperson and other members of the Commission shall be appointed by the governor on the recommendation of a committee consisting of the of the Chief Minister (the Chairperson) and the three members i.e.
1. Speaker of the Legislative assembly
2.Minister in charge of the department of House in that State and
3. The Leader of the opposition in the Legislative assembly.
The State Commission is empowered to perform all those functions which have been entrusted to the National Human Rights Commission.The state Commission may inquire into violation of human rights only in respect of matters related to any of the entries enumerated in List II and III in the seventh schedule of the constitution. The commission is required to submit its annual report to the state government and it may submit at any time special reports on any matter which in its opinion is of such urgency or importance that it should not be deferred till submission of the annual report.The state government shall submit these reports before each house of the Legislature with a memorandum of action taken or the reasons for non-acceptance of the recommendations if any.
The Act also provided under Chapter V for the Setting up of the State Human Rights Commission in States which shall Consist of:
(1) A Chairperson who has been Chief Justice of a High Court;
(2) One member who is or has been a Judge of a High Court;
(3) One member who is or has been a District Judge in the State and two members to be appointed from amongst persons having knowledge of or practical experience in matters relating to Human Rights. The Chairperson and other members of the Commission shall be appointed by the governor on the recommendation of a committee consisting of the of the Chief Minister (the Chairperson) and the three members i.e.
1. Speaker of the Legislative assembly
2.Minister in charge of the department of House in that State and
3. The Leader of the opposition in the Legislative assembly.
All the members of the Commission shall hold office for a period of five years and will be eligible for the re-appointment. for another term. Headquarter of the Commission shall be at such place as the State Commission as it may by notification, specify.
The State Commission is empowered to perform all those functions which have been entrusted to the National Human Rights Commission.The state Commission may inquire into violation of human rights only in respect of matters related to any of the entries enumerated in List II and III in the seventh schedule of the constitution. The commission is required to submit its annual report to the state government and it may submit at any time special reports on any matter which in its opinion is of such urgency or importance that it should not be deferred till submission of the annual report.The state government shall submit these reports before each house of the Legislature with a memorandum of action taken or the reasons for non-acceptance of the recommendations if any.
Human Rights Courts in Districts:
Chapter VI of the said Act compressing of Section 30 and 31 makes the provision relating to the creation of Human Rights Courts in each district. This setting up of Human Rights court in every district of the country or the speedy trial of offenses arising out of the violation of human rights is a novel provision of the Act. These Court may be set up by the State government with the concurrence of the Chief Justice of the High Court by notification specifying for each district a Court of Session to be a Human Rights Court. For every Human Rights Court, the state government shall appoint a public prosecutor or an advocate who has been in practice as an advocate for not less than 7 years for the purpose of conducting cases in the human rights Courts such a person shall be called a special Public Prosecutor.
Such Courts have been notified in the State of Andhra Pradesh, Assam, Sikkim, Tamil Nadu and Uttar Pradesh and have been constituted in Madras and Guwahati.
In India like many other developing countries much has to be done for the better protection of human rights although other social and economic problems like poverty, illiteracy, Unemployment, population growth, and law and order have sir passed by the importance due to human rights and all efforts are required to be made to make the people aware of their rights the strong will and determination for the promotion of human dignity and work will certainly make the Human Rights movement a great success.
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