Monday, 7 September 2020

The Enforcement system of human rights- Some brief findings- an overview

The Enforcement system of human rights is having the most significant role & importance to implement the fundamental or human rights and other related things but the true conditions of the human rights & its Enforcement system in India with regard to the hon’ble Indian Judiciary which are the worst, most serious, anxious and miserable in proportion to the aforesaid population of India, under all the justified exceptions, time & circumstances, subjecting to the large pendency of the cases, shortage of judges & other connected things. Whereas it is well established that the implementation of the law relating to human rights only is possible by the enforcement system as furnished by law. The conception of human rights & its law can only be successful by the enforcement or implementation of the law relating to human rights. The power of enforcement or implementation of the law relating to human rights have been vested in hon’ble Supreme Court of India under article 32 which has been guaranteed and also by hon’ble High Courts for the States under article 226 of Constitution of India which is the strongest, guaranteed and the most powerful enforcement system of India but now a days the larger pendency of the cases & shortage of Judges is its own extreme level which is one of the major obstacles on the path of justice. Hence the Courts, Benches, Judges, Justices, officers, judicial officers & the staff persons concerned are not found as in according to the proportion of the population or pendency of the cases of India or States respective as mentioned hereinbefore. In this relation, it also reveals that the Government of India and the State Governments are not paying the most required & specific attention on the same things due to this, the life of humans have been destructed further more are being destroyed continuously which against absolutely human & humanity. Indian Judicial Service (I.J.S.) or All India Judicial Service (A.I.J.S.) has not been constituted so far from the date of enforcement of the Constitution of India in accordance with the Articles 312 and 236 of Constitution of India. In spite of all the aforesaid, the National Human Rights Commission (N.H.R.C.) & some State Human Rights Commissions have played and are playing very important or vital role in case of Police custody, atrocities, exploitation, torture, fake encounters, death and others matters relating to the human rights which is worth appreciating but they are required to more empowered, subjecting to law while amending the Protection of Human Rights Act 1993. On perusal of above things & facts, It can be concluded that with regard to the conditions of Human Rights & its Law are miserable, extremely misery, the worst, worth considering, reviewing, revising and most required for due deliberations subjecting to time, circumstances & necessities. Briefly it can be said that the National Human Right Commission, the State Human Right Commissions & the required Courts and systems are having its own place and significance but all are not free from the criticism and exceptions. In today’s scenario, the required things are not being delivered or done as per requirements from time to time which are highly & mandatorily required for the people for the delivery of justice. Now a-days, the condition of enforcement system of human rights & its Law is very misery and the worst in India under the exceptions. Many reasons or causes are behind all the same. Now in present scenario, the condition of Human Rights, its Law & Enforcement system are not still good so far, in spite of existence of the respective, protective, functionaries, machineries, mechanism still Human Rights & its Law are being violated, contravened, and infringed grossly, grievously rashly, heinously, brutally, cold blooded murders openly, broad day light at the widest level. Every section of people are suffering from the system, crime, corruption, degrading, inhuman treatment castes & religious issues, atrocities, exploitations and the act against human & their humanity which is the most required to reform, prevent & do the needful, subjecting to time & circumstances as expeditiously as possible. Now it is the prime question before us that how shall the better protection of Human Rights and for matters connected therewith able to be possible? Who shall be responsible, liable & accountable for the same? What shall be the conditions of Human Rights & its Enforcement system? What shall be the effect of the same on people in democratic India? But in despite of all, with a view to the human rights & its enforcement system has great significance for the protection, development and preservation of human rights in India under the Rule of Law.

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