The Protection Of Human Rights Act

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, 1993

The United Nations Educational Scientific and Cultural Organization (UNESCO) mooted the idea 01 the creation of an impartial institution for the protection of human rigfits in the States as early as 1946. In pursuance of the resolution of the General Assembly adopted in 1966,' the Economic and Social Council requested the Human Rights Commission of the United Nations to consider the question of creating a National Commission of Human Rights to perform certain functions related to the observance of the International Covenants on Human Rights. The question was taken up by the Commission in 1970 and it recommended that the question of establishment of National Commission of Human Rights in each Member State of the United Nations ought to be decided by each Government of the Member State keeping in view the traditions and institutions of each country. The Commission in 1978 again emphasized the need for the creation of a National Institution. But all these attempts, however, were fruitless.

Realising the importance of such an institution or commission, the World Conference on Human Rights in 1993 urged Governments to strengthen national structures ,and institutions of Society, which play a role in promoting and safeguarding human rights. The Vienna Declaration and Programme of Action adopted by the World Conference prompted a number of States to establish such institutions.

The Human Rights Commission Bill introduced in the Lok Sabha on May 14, 1992 was referred to the Standing Committee on Home Affairs of the Parliament. The President of lndia promulgated an Ordinance, which established a National Commission on Human Rights on September 27, 1993, owinc to pressure from foreign countries as well as from the domestic front. Thereafter, a Bill on Human Rights was passed in the Lok Sabha on Dlxember 18, 1993 to replace the ordinance promulgated by the President The Bill became an Act, having received the assent of the President, or January 8, 1994 (Act 10 of 1994) and was published in the Gazette of lndia.

National Human Rights Commission (N.H.R.C.)

Chapter II of the Act deals with the constitution of the National Human Rights Commission (N.H.R.C.). Section 3 of the Act lays down that the Central Government shall constitute a body known as the National Human Rights Commission. N.H.R.C. is an eight-member body. The Commission consists of:

A Chairperson who has been a Chief Justice of The Supreme Court
One Member who is, or has been a judge of the Supreme Court 100
One Member who is, or has been, the Chief Justice of a High Court
Two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.

Procedure for Dealing with Complaints

Regulation 8 of the National Human Rights Commission (Procedure) Regulations, 1994 lays down the following procedure for dealing with complaints of alleged violation of ‘human rights':

All complaints in whatever form received by the Commission shall be registered and assigred a number and placed for admission before a bench of two niembers constituted for the purpose not later than two weeks of receipt thereof.
No fee is chargeable on complaints.
Every attempt should be made to disclose a complete picture of the matter leading to the complaint and the same may be made in English or Hindi to enable the Commission to take immediate action. To facilitate the ,;iling of the complaints, the Commission shall, however, entertain complaints in any language included in the Eighth Schedule of the Constitution. It shall be open to the Commission to ask for further information and affidavits to be filed in support of allegations whenever considered necessary.
The Commission may, in its discretion, accept telegraphic complaints and complainl:~ conveyed through fax.
The Commission shall lave the power to dismiss a complaint in limine.
Upon admission of a coniplaint, the ChairpersonlCommission shall direct whether the matter could be set down for inquiry by it or should be investigated into.

State Human Rights Commissions (S.H.R.C's)

under Chapter V also provides for the setting up of State Human Rights Commission in States consisting of a Chairperson whois or has been a Chief Justice of a High Court, one member who is, or has been, a Judge of a High Court, one member who is, or has been a District Judge in that State and two members to be appointed from amongst persons having knowledge of or practical experience in matten; relating to human rights. The Governor shall appoint the Chairperson and other members of the Commission.

The State Commission is empowered to perform all those functions, which have been entrusted to the National Human Rights Commission. However, paragraph C of Section 29 excludes the study of treaties and other lnternational Instruments on human rights from the purview of S.H.R.C. The study of such treaties and the eligibility to make recommendations for their effective implementation are the exclusive domain of the N.H.R.C. The state Commission may inquire into violations of human rights only in respect of matters related to any of the entries enumerated in List II and Ill in the Seventh Schedule of the constitution.' Section 36(1) of the Act, states that the State Human Rights Commission shall not enquire into any matter which is pending before a National Commission or any other statutory Commission duly constituted under any law in force.

The Protection of Human Rights Act (Pohra) is an act of the Parliament of India that provides for the protection of human rights in India. It was enacted in 1993 and came into force on 28 September 1993. The act is based on the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

The act provides for the establishment of a National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) to investigate complaints of human rights violations. The act also provides for the appointment of a Chief Human Rights Commissioner and other members of the NHRC and SHRCs.

The act defines human rights as the rights relating to life, Liberty, Equality, and dignity of the individual guaranteed by the Constitution of India and other laws. The act also defines torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the Consent or acquiescence of a public servant or other person acting in an official capacity.

The act provides for the following remedies for human rights violations:

Compensation
Rehabilitation
Restitution
Redress
Prevention of future violations

The act also provides for the following penalties for human rights violations:

Imprisonment
Fine
Both

The act has been amended several times since its enactment. The most recent amendment was in 2019.

The following are the sub topics of the Protection of Human Rights Act:

Chapter I: Preliminary
Chapter II: Establishment of National Human Rights Commission
Chapter III: Functions of the National Human Rights Commission
Chapter IV: State Human Rights Commissions
Chapter V: Functions of State Human Rights Commissions
Chapter VI: Complaints
Chapter VII: Investigations
Chapter VIII: Inquiry
Chapter IX: Reports
Chapter X: Powers of the Commissions
Chapter XI: Procedure
Chapter XII: Appeals
Chapter XIII: Miscellaneous
Chapter XIV: Offences and Penalties
Chapter XV: Repeal and Saving

Chapter I: Preliminary

This chapter contains the short title, extent, commencement, and application of the act.

Chapter II: Establishment of National Human Rights Commission

This chapter provides for the establishment of the National Human Rights Commission (NHRC). The NHRC is a statutory body that is responsible for the protection and promotion of human rights in India. The NHRC has the following functions:

To inquire into complaints of human rights violations
To investigate cases of human rights violations
To recommend measures for the prevention of human rights violations
To provide relief to victims of human rights violations
To undertake promotional activities for the protection of human rights

The NHRC is headed by a Chief Human Rights Commissioner (CHRC) and two other members. The CHRC and the members are appointed by the President of India on the recommendation of a selection committee. The NHRC has its headquarters in New Delhi and has regional offices in various parts of the country.

Chapter III: Functions of the National Human Rights Commission

The NHRC has the following functions:

To inquire into complaints of human rights violations
To investigate cases of human rights violations
To recommend measures for the prevention of human rights violations
To provide relief to victims of human rights violations
To undertake promotional activities for the protection of human rights

The NHRC can inquire into complaints of human rights violations made by any person or group of persons. The NHRC can also suo motu inquire into any matter relating to human rights. The NHRC has the power to summon witnesses, take evidence, and record statements. The NHRC can also order the production of documents and other evidence.

The NHRC can recommend measures for the prevention of human rights violations. The NHRC can also provide relief to victims of human rights violations. The NHRC can recommend compensation to the victims of human rights violations. The NHRC can also recommend other forms of relief, such as rehabilitation and restitution.

The NHRC can undertake promotional activities for the protection of human rights. The NHRC can organize seminars, workshops, and other awareness-raising activities. The NHRC can also publish reports and other materials on human rights.

Chapter IV: State Human Rights Commissions

This chapter provides for the establishment of State Human Rights Commissions (SHRCs). The SHRCs are Statutory Bodies that are responsible for the protection and promotion of human rights in the states. The SHRCs

The following are frequently asked questions and short answers about human rights:

What are human rights?
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and Education, and many more. Everyone is entitled to these rights, without discrimination.
Why are human rights important?
Human rights are important because they protect the fundamental freedoms and dignity of all people. They are essential for building a just and peaceful world. When human rights are respected, everyone benefits.
What are some examples of human rights?
Some examples of human rights include the right to life, the right to liberty and security of person, the right to freedom from torture and other cruel, inhuman or degrading treatment or punishment, the right to freedom from slavery and servitude, the right to freedom from discrimination, the right to equality before the law, the right to freedom of thought, conscience and religion, the right to freedom of opinion and expression, the right to peaceful assembly and association, the right to take part in the government of one’s country, the right to work, the right to education, the right to an adequate standard of living, the right to Health, the right to water, the right to housing, the right to culture, the right to development, and the right to an effective remedy.
How are human rights protected?
Human rights are protected by a variety of mechanisms, including international law, national law, and civil society. International law provides a framework for protecting human rights, and national law gives effect to these rights at the domestic level. Civil society organizations play an important role in monitoring and advocating for human rights.
What can I do to promote and protect human rights?
There are many things you can do to promote and protect human rights. You can learn about human rights, speak out against human rights violations, and support organizations that are working to promote and protect human rights. You can also vote for leaders who are committed to human rights, and contact your elected representatives to urge them to take action on Human Rights Issues.
What are some challenges to human rights?
There are many challenges to human rights, including POVERTY, discrimination, violence, and conflict. These challenges can make it difficult for people to enjoy their human rights. However, there are also many people and organizations working to overcome these challenges and promote and protect human rights.
What is the future of human rights?
The future of human rights is uncertain. However, there are many reasons to be optimistic about the future of human rights. The international community has made significant progress in promoting and protecting human rights in recent decades. There is also a growing awareness of human rights around the world. This awareness is leading to increased action to promote and protect human rights.

Sure, here are some MCQs on the topics of human rights, without mentioning the topic of The Protection Of Human Rights Act:

Which of the following is not a human right?
(A) The right to life
(B) The right to freedom from torture
(C) The right to own property
(D) The right to a fair trial
Which of the following is not a principle of human rights?
(A) Universality
(B) Indivisibility
(C) Irrelevance of nationality, race, sex, language, religion, political or other opinion, national or social origin, property, birth or other status
(D) Non-derogability
Which of the following is not a violation of human rights?
(A) Torture
(B) Slavery
(C) Discrimination
(D) Freedom of speech
Which of the following is not a way to promote human rights?
(A) Ratifying international human rights treaties
(B) Enacting domestic laws that protect human rights
(C) Creating institutions to protect human rights
(D) Providing education about human rights
Which of the following is not a challenge to human rights?
(A) Poverty
(B) War
(C) Corruption
(D) Climate change
Which of the following is not a goal of the human rights movement?
(A) To protect the rights of all people
(B) To promote understanding and respect for human rights
(C) To hold governments accountable for human rights violations
(D) To create a world where all people can live in dignity and freedom
Which of the following is not a way to get involved in the human rights movement?
(A) Join a human rights organization
(B) Write to your elected officials about human rights issues
(C) Attend a human rights rally or demonstration
(D) Donate to a human rights organization
Which of the following is not a way to learn more about human rights?
(A) Read books and articles about human rights
(B) Watch documentaries about human rights
(C) Take a human rights course
(D) Talk to people who work in the human rights field
Which of the following is not a way to make a difference in the fight for human rights?
(A) Stand up for what you believe in
(B) Speak out against injustice
(C) Hold people accountable for their actions
(D) Stay silent
Which of the following is not a reason to care about human rights?
(A) Because it is the right thing to do
(B) Because it is in our own self-interest
(C) Because it is the law
(D) Because it is what our ancestors fought for