The Protection of Human Rights Act, 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 CourtThe Protection Of Human Rights Act, 1993″ width=”259″ height=”194″ />
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)

The Protection of Human Rights Act 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, 1993 (Pohra) is an Act of the Parliament of India enacted to provide for protection of human rights of individuals guaranteed by the Constitution of India and for matters connected therewith or incidental thereto.

The Act provides for the establishment of a National Human Rights Commission, State Human Rights Commissions in each State and Human Rights Courts. The Commissions are empowered to inquire into complaints of violation of human rights and to take appropriate action. The Courts are empowered to try offences against human rights.

The Act also provides for the appointment of a Chief Human Rights Commissioner and other members of the Commissions, the procedure for inquiry into complaints, the powers of the Commissions and the Courts, and the penalties for offences against human rights.

The Act is a landmark legislation in the field of human rights in India. It has been instrumental in promoting and protecting human rights in the country.

The Act came into force on 28 September 1993. It has been amended twice, in 2000 and 2011.

The Act defines human rights as “the rights relating to life, Liberty, Equality, dignity of the individual, and the protection of these rights from violation”. It 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 establishment of a National Human Rights Commission (NHRC), State Human Rights Commissions (SHRCs) in each State and Human Rights Courts. The NHRC is a statutory body established by the Act to protect and promote human rights in India. It is headed by a Chief Human Rights Commissioner and has six other members. The SHRCs are also Statutory Bodies established by the Act to protect and promote human rights in the States. They are headed by a State Human Rights Commissioner and have five other members. The Human Rights Courts are special courts established by the Act to try offences against human rights.

The Act provides for the appointment of a Chief Human Rights Commissioner and other members of the Commissions, the procedure for inquiry into complaints, the powers of the Commissions and the Courts, and the penalties for offences against human rights.

The Act has been instrumental in promoting and protecting human rights in India. It has helped to raise awareness about human rights and has provided a forum for victims of human rights violations to seek redress. The Act has also helped to improve the functioning of the police and other law enforcement agencies.

However, the Act has also been criticized for being too bureaucratic and for not being effective enough in protecting human rights. Some critics have also argued that the Act is not comprehensive enough and that it does not cover all aspects of human rights.

Despite these criticisms, the Protection of Human Rights Act, 1993 is a landmark legislation in the field of human rights in India. It has been instrumental in promoting and protecting human rights in the country.

Here are some frequently asked questions and short answers about the Protection of Human Rights Act, 1993:

What is the Protection of Human Rights Act, 1993?
The Protection of Human Rights Act, 1993 is an Act of the Parliament of India to provide for the protection of human rights and for matters connected therewith or incidental thereto.
What are the objectives of the Protection of Human Rights Act, 1993?
The objectives of the Protection of Human Rights Act, 1993 are to:
Provide for the protection of human rights and fundamental freedoms guaranteed by the Constitution of India;
Establish a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better enforcement of human rights;
Provide for the investigation of complaints of violation of human rights;
Provide for the punishment of offenders; and
Provide for matters connected therewith or incidental thereto.
Who are the beneficiaries of the Protection of Human Rights Act, 1993?
The beneficiaries of the Protection of Human Rights Act, 1993 are all persons within the territory of India.
What are the safeguards provided under the Protection of Human Rights Act, 1993?
The safeguards provided under the Protection of Human Rights Act, 1993 are:
The right to life and personal liberty;
The right to equality before the law;
The right to freedom of thought, conscience and religion;
The right to freedom of speech and expression;
The right to peaceful assembly;
The right to Freedom of Association;
The right to Freedom of Movement;
The right to freedom from torture;
The right to equality before the law;
The right to a fair trial;
The right to be presumed innocent until proved guilty;
The right to be informed of the accusation against him;
The right to consult a lawyer;
The right to be defended by a lawyer;
The right to be tried in a language that he understands;
The right to be present at his trial;
The right to cross-examine witnesses;
The right to call witnesses;
The right to have legal aid;
The right to be free from ex post facto laws;
The right to be free from double jeopardy;
The right to be free from cruel, inhuman or degrading treatment or punishment;
The Right to Privacy;
The right to freedom of religion;
The right to freedom of thought, conscience and belief;
The right to freedom of opinion and expression;
The right to peaceful assembly and association;
The right to take part in the government of his country;
The right to work;
The right to Education;
The right to an adequate standard of living;
The right to Health;
The right to shelter;
The right to culture;
The right to participate in cultural life;
The right to rest and leisure;
The right to an adequate standard of living;
The right to education;
The right to health;
The right to shelter;
The right to culture;
The right to participate in cultural life;
The right to rest and leisure;
The right to freedom of movement;
The right to freedom of association;
The right to Freedom of Assembly;
The right to freedom of expression;
The right to freedom of thought, conscience and religion;
The right to freedom of opinion and belief;
The right to take part in the government of his country;
The right to work;
The right to education;
The right to an adequate standard of living;
The right to health;
The right to shelter;
The right to culture;
The right to participate in cultural life;
The right to rest and leisure;
The right to an adequate standard of living;
The right to education;
The right to health;
The right to shelter;
The right to culture;
The right to participate in cultural life;
The right to rest and leisure.
What are the penalties for violation of the Protection of Human Rights Act, 1993?
The penalties for violation of the Protection of Human Rights Act, 1993 are:
Imprisonment for a term which may extend to

Sure, here are some multiple choice questions about human rights:

Which of the following is not a fundamental right guaranteed by the Indian Constitution?
(A) Right to life and liberty
(B) Right to freedom of religion
(C) Right to Property
(D) Right to education
The Right to Education Act was passed in which year?
(A) 2009
(B) 2010
(C) 2011
(D) 2012
The National Human Rights Commission (NHRC) was established in which year?
(A) 1993
(B) 1994
(C) 1995
(D) 1996
The Universal Declaration of Human Rights was adopted by the United Nations in which year?
(A) 1948
(B) 1949
(C) 1950
(D) 1951
The International Covenant on Civil and Political Rights was adopted by the United Nations in which year?
(A) 1966
(B) 1967
(C) 1968
(D) 1969
The International Covenant on Economic, Social and Cultural Rights was adopted by the United Nations in which year?
(A) 1966
(B) 1967
(C) 1968
(D) 1969
The Convention on the Rights of the Child was adopted by the United Nations in which year?
(A) 1989
(B) 1990
(C) 1991
(D) 1992
The Convention on the Elimination of All Forms of Discrimination against Women was adopted by the United Nations in which year?
(A) 1979
(B) 1980
(C) 1981
(D) 1982
The Convention on the Rights of Persons with Disabilities was adopted by the United Nations in which year?
(A) 2006
(B) 2007
(C) 2008
(D) 2009
The International Convention on the Elimination of All Forms of Racial Discrimination was adopted by the United Nations in which year?
(A) 1965
(B) 1966
(C) 1967
(D) 1968

I hope these questions were helpful!