Human Rights act 1993

The protection of Human Rights act 1993

          Human rights the most fundamental of all rights, are the rights people have simply because they are people.  These rights belong to each person: man, woman and child.  They are the rights to life.  Liberty child.  They are the rights to life, liberty including all the political, civil, Social, economic and cultural rights necessary for people to live dignified lives.  without human rights.  people cannot live as human beings.  Human rights are those requirements that allow us to develop to the fullest extent and satisfy our basis human needs.  They are ideals based on humanity is increasing and persistent demand for dignity, respect, justice,  protection and freedom for decent human existence.  The essential elements of all human rights are that they belong to everyone and they are unalienable birth rights of all members of the human family.

          Human rights effect the daily lives of each individual.  They are to be enjoyed by al without discrimination with regard to race, gender, language, religion, political, social or national  origin, property, birth or other status.  In other words.  it does not maths what colour a person is or what country a person belongs to or what religion he or she believes in.

          All of them share the same human right as human rights belongs to all of us.  It is in comber on all of us to protect that human rights.  Human rights are about caring for other people in the same way that we would wish them to care for uys.  Each individual needs to be treated as special and unique.  Human rights are for everybody.  even those people you diagree with or whom you actually dislike. 

          The underlying principles of the global human rights struggle include the following recognition of the equality and dignity of all individuals.  recognition of cultural diversity as a fundamental human value, recognition and guarantee of the fundamental equality of all persons in human rights without discrimination with regard to race, creed colour, nationality.  ancestry, language,  gender, place of origin or other status. 

Meaning of human Rights:-

          Human rights are those basic or fundamental rights which are quite essential for sustaining the life including the substance required for making the meaningful.  The protection of Human Rights Act. 1993 tells the human rights or Section 2 (d).

          “Human rights” means the rights relating to life.  Liberty equality and dignity of the individual guaranteed by the constitution or embodies in the International covenants are enforceable by courts in India.

          This section doesn’t enlist the human rights specifically,, but gives an inclusive definition.  The reason of not choosing exhaustive pattern may be simplicity. convenience, compatibility, further prospects etc.

          The section makes it clear that the rights relating to life, liberty, equality, and dignity of the individual, as guaranteed by the constitution are included in the category of “Human rights” we known the constitution of India through Article 32 guarantees the fundamental rights as enshrined under part III of the constitution.  The cumulative effect of these two provisions is that all the fundamental rights relating to life, liberty, equality and dignity are  included in human right.  Al human rights.

          Similarly, all fundamental rights are not human rights.  For instance Article 21 (right to life and personal liberty).  Article 19 (freedom of speech and expression freedom to assemble peacefully and without arms, freedom to form association or unions, freedom to move freely throughout the territory of India and freedom to reside and settle in any part of the territory of India).  Article 17 (Abolition of untouchability) etc. are fundamental as well  as human rights.

          Not only the said rights, but the said section 2(d) also included those rights which are conferred by the International covenants and are enforceable by the Indian courts.  All human rights are not necessarily fundamental or constitutional rights, because even the legal rights as conferred by the international covenants are also part of the human rights.

Case law : P.T Munichikkanna Reddy V.Revamma Air – 2007 SC 1753, 1761.

          Wherein it has been held that the right of property is now considered to be not only a constitutional right but also a human right.  Further, human rights have been historically considered in the realm of individual rights.  such as, right to health, right to livelihood, right to shelter and employment, etc but now human rights are gaining a multifaceted dimension.  Right of property is also considered very much a part of the new dimension.  Even claim of adverse possession has to be read in that context.  However,   that the expanded jurisprudence of the European court  of Human rights the sourt has taken an unkind view to the concept of adverse possession.

          Supreme court observed that adverse possession is a right which comes into play not just because someone losses his right to reclaim the property out of continuous and willful neglect but also on accounts of possessor’s positive intent to dispossess.

          The human rights that everyone has and everyone equally by virtue of their very humanity.  They are grounded in our appeal to human nature.  As such, their main implications and characteristic features may be enumerated as under:-

1.       It means in the first place, that every body has them.  The subject of human rights are not the members of this or that society but of the community of humankind.   There is no question about full membership in this community for example, for children or the insane.  and there is some doubt as to whatever gouts can count as members in the sense of themselves being subjects of Human Rights.  But the basic justification, for holding human rights is belong to the human race.

2.       The objects of human rights, like those of plain rights, are of great importance.  But just as rights may be said to override other considerations, human rights may be said to override mere rights.  The human rights to life may be judged to out rank in a situation where there is a contest between them, a right under a particular civil law, say, to the use of land among trumps, it may be side, human rights are the coloured cards. And this is what is meant by reference to human rights as absolute rights.  It does not mean that human rights are indivisible.  Even the ace of trumps may be topped by a joker (the right not to be tortured for example) against the need to know where the nuclear bomb has been planted in the underground of by decision to play another game (the transition for example from place to war). It means only that they are in general of the greatest importance.

3.       The exercise of human rights might have a more restricted range that that of civil rights. We referred earlier to claiming, asserting demanding enjoying protecting and enforcing a right. In the case of human rights the assertive and of this spectrum is the most prominent. For very often human rights are appealed to when the claim they encompass are not locally acknowledge in positive law.

4.     There is the question of the location of the duties that correlate with human rights. In this regard it has been argued that there are universal human rights in a strong and a weak sense.

          Rights in the strong sense are held against every body else. Rights in a weak sense are held against a particular Section of humanity. Everyone has a right to life against everyone else. There is general duty to respect it. But if every body holds, say economic and social rights, it is against a particular government: duties are laid only on the responsible authorities. Thus, all basic human rights are said to have three correlative duties-duties to avoid depriving duties to protect from deprivation and duties to aid the deprived.

          According to circumstances the duty bearers may be different (individuals, responsible nations, exploitative companies) and the particular duty varied by aid in a natural disaster, avoidance of deprivation in a monopolistic Market. But basic rights trigger all these kinds of duty.

5.     What is characteristic of the justification of human rights? It is not an appeal to this statute or that contract, for if the rights in question were written into the statutes or contracts, those provisions under municipal law would by them selves be a sufficient justification. The justification of human  right moves up one level to regional international law (e.g. the European convention on Human Rights) or two levels to global international law (e.g. International covenant on civil and political Rights and International covenant on Economic, Social and Cultural Rights), so that the appeal is that standards internationally recognized should be met by domestic practice. And there is a level above these which is the ultimate justification of human rights. It is the level at which what is appealed to is not any kind of positive law, but is what ought by some rational calculation to prevail.

Powers of this Act

          Section 37 of the protection of human Rights Act. 1993 empowers the Government to constitute one or More Special investigative teams consisting of such Police Officers as it thinks necessary for the purpose of investigation and prosecution of offences arising out of violations of human rights. The commission’s power to utilize the services of any officer or investigating  agency of the Government for conducting any investigation pertaining to the inquiry is however made dependent on the concurrence of the Government by see luci).

          The Human Rights constituted under section 30 of the Protection of Human Rights Act. 1993 is competent to entertain any complaint or take cognizance of any case complaining violation of rights to privacy due to obtrusive surveillance of police and give appropriate relief both under criminal as well as Civil law. Human Rights court is also competent to award compensation under  section 357, Cr. P.C.

Objectives:

          The main objective of protection of Human Rights Act 1993 is protecting human beings from violations. Without Human rights there would be either no if or a meaning less life. The rights relating to life, liberty equality and dignity of the individual as guaranteed by the constitution are also included in the category of “Human Rights”.  Human Rights are the rights and freedoms of all human beings.

          Human rights Act 1993 have been active in protecting human rights and in preventing their infringement. But it is a tragedy that almost every day the rights of millions of people, particularly of the weak and marginalized are being violated. The violation have been taking a number of forms such as terrorism, communal riots, racial discrimination, atrocities committed against poorer sections of people, custodial violence, suppression of the rights of Minorities, environmental pollution etc. A geographically and demographically vast, Socially plural and culturally diverse nation like India has been experiencing the violation of human rights almost every day across its regions classes and gender. India has a given human rights and fundamental rights.

          In other words, human rights beings external part of nature of human beings are essential for individuals to develop their personality, human qualities their intelligence talent and conscience and the enable them to satisfy their spiritual and other higher needs there are inalienable rights which belong equally to all members of human family and as such. Should be protected by the rule of law if man is not to be compelled to have recourse as a last resort to rebellion against tyranny and oppression.

          Human Rights as such are incorporated in various International Human rights the international covenant on Economics, Social and cultural rights regional human rights treaties, such as the European convention on Human Rights and Fundamental Freedoms the American convention on Human, the African charter on Human and People’s Rights subsidiary instruments. Such as the Helsinki Final Act and National constitutions, legislation and even judicial pronoun cements. The range of human rights as contained in these instruments treaties and National legislation is very wide and covers variety of rights including traditional civil and Political rights on one hand newly developed economic, Social and Cultural rights on the other.

          The purpose of securing human rights as such is to provide protection to these rights against the abuse of power committed by the organs of state to establish institution for the promotion of living condition beings and for the development of their personality and at the same time to provide effective remedial measures for obtaining redress in the event of those rights are violated.

          Human rights are important to the stability and development of all the countries around the world.

          Human Rights and National Security are at times perceived to be odds with one another. When Government officials speak about national security their arguments rest primarily upon the primarily upon the premise that protecting human rights and civil liberties is at times subservient to protection national security.

          The international human rights frame work. Conventions or teaties  to which India was signatory or ratifying party also justified the limitations on governmental power However the contemporary reality of Indian executive governance demonstrates the weakness and inadequacies of the treaties and convention as a result, Police, Military and paramilitary forces continue to violate human rights. This problem underscore the need to developed a culture amongst law enforcement officials that respects human rights as a sin qua non for the preservation of law passing certain laws under the guise of protecting national security in India offers an occasion to examine the human  rights understanding in a constitutional sense.  These laws granted significant powers to the Indian executive, thus providing greater opportunity for abuse & violation of fundamental rights.

Filing Complaint:

          The complaint can be moved by the victim himself or herself. It can be moved even by any other person on behalf of the victim. The complaint should specifically disclose (1) violation of human rights or abetment thereof or (1) negligence in the prevention of such violations by a public servant. The action can be taken even against the public servant who has the duty to prevent such a violation. The format of complaints is given at the end of article. Though this format is not Mandatory, but it still becomes convenient for the commission to proceed in presence of the information given in the format.

Limitation for filing Complaint:

          The period of limitation to file complaint starts on the date on which the act violating the commission of human right is committed. The National commission or the state commission can  entertain the complaint within one year from the day when the said Act was actually committed (Section 36).

          The complaint can be moved by the victim himself or herself. It can be moved even by any other person on behalf of the victim. The format of complaint is given at the end of Article through this format is not Mandatory but it still becomes convenient for the commission to proceed in presence of the information given in the format.

          Then National Human Rights Commission (NHRC) or the state commission can entertain the complaint within one year from the day when the said Act was actually committed, NHRC has the powers to do inquiry suo motu or upon the complaint against the violation of Human Rights. During the process of inquiry, the commission has the power of a civil court trying a suit under the code of civil procedure 1908.

Analysis of Protection Human Rights:

          The objective assessment of the protection of human rights endeavors must come from the people of India whom it seeks to serve in all of their rich diversity and varying circum stances. Not unexpectedly, given the seriousness of the issues that the protection of human Rights Act has faced and the variety of expectations concerning it, diverse views have been expressed on the worth of the Act efforts. An institution that was unknown ten years ago is non very much part of the life of the nation and increasingly of consequence to the quality of its governance. The performance of a national institution has to be assessed in term of not only its successes in achieving its stated objectives but also the constraints within which it has worked.

          A pertinent question here is whether the protection Human rights Act 1993 as the requisite powers to fulfill its functions as a national institution with a statutory basis.  Compared to the institutions  of similar nature around the world it has a relatively heavy case load that is it handles a larger number of complaints of violation of human rights, of negligence in preventing such violation. And dealing with complaints is only one of the 10 Major functions assigned to the under section 12 of the Act. Its ambit ranges from reviewing safeguards for the protection of human rights and performing such other functions as it may consider necessary for the promotion of human rights.  However, year after year the protection of human rights Act has been complaining of a lack of response from the union government to its pleas to amend the law so as to realize its objective of “better Protection of human rights and for Matters connected there with or incidental there to”.

          Each day, hundreds of our compatriots such the intervention of the Act for the redressal of their grievances, Stemming from what they perceive to be the violation of their human rights. They belong to all parts of India and to all of its communities. Within the past then years, there can be no doubt that the awareness of the rights guaranteed by the constitution and included in the international instruments to which India is a state party has increased dramatically. Such critics are entitled to their views, but they appear to be Mis-informed about the provisions of the protection of Human Rights Act. 1993 which expressly preclude the commission from inquiring into any matter “Which is pending before a state commission under any law for the time being enforce” or to inquire into any matter “after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed. They also appear to be unaware that the commission sought an amendment to these provisions of the Act, along with others, over three ago, but that its recommendations in this respect are yet to be acted upon.

          The Human Rights are a sort of special Moral entitlement. They belong to an individual as a consequence of being at different place differently. In India, human right now days is a burning issue. The act passed to protect the human rights that is protection of Human Rights Act, 1993 was passed very recently with a view to prevent human rights violations. The setting up of the protection of Human Rights Act, 19936, is an important development in the question for human rights in India. The appointment of such commission can make a plat from for institutionalizing the concept of human rights in addition to the provision of fundamental rights as enshrined in the constitution of India.

          It is very necessary to protect the interests of people like SC, STS, Etc because these people form the vulnerable section of the Society. Also the procedure followed in NHRC and SHRCs needs to simplify a bit so that everyone including the vulnerable sections can access it.  The concept of separate human rights courts which is coming up nowadays can perhaps helps in more efficient protection of human rights of the vulnerable sections of the society.