Monday, 7 September 2020

The Protection of Human Rights Act 1993

The Protection of Human Rights Act 1993:- Further, with regard to this, In this regard, before the enactment of this act an ordinance as the protection of Human Rights Ordinance 1993 was promulgated which has been repealed under section 43. There after the Protection of Human Rights Act 1993 has been enacted by parliament of India which has been enforced on 28 September, 1993. This Act has 43 sections and 08 Chapters. This act provides the constitution of the National human Rights Commission, State human Rights Commissions in States and Human Rights Courts for better protection of Human Rights and other required & connected matters. In this connection, the definition of human rights has been incorporated as “human rights mean the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.” Beside of all heretofore contained the conditions of Human Rights & its Law are very miserable and the worst in India; subjecting to all justified exceptions & practices. The National Human Rights Commission of India is an autonomous public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993. The National Human Rights Commission is the National Institution of Human Rights which is responsible for the protection & promotion of human rights as defined by under section 2(1)(d) of the Protection of Human Rights Act 1993. The provisions in respect of constitution of State Human Rights Commissions in India have been contained under section 21 of the Act. State Human Rights Commissions are having the same things under the act, as provided to the National Human Rights Commission but except clause (f) of section 12 of the act as under: - Procedure to be regulated by the Commission, functions of the Commission, powers relating to inquiries, investigation, statement made by persons to the Commission, persons likely to be prejudicially affected to be heard, inquiry into complaints and Steps after inquiry. In this connection, India has twenty nine States and seven union territories but total twenty six Human Rights Commissions have been constituted so far. The renaming states have not constituted the State Human Rights Commissions in their States. In present time, this act is being implemented as required in accordance with the object of it, the intention of the Legislature and also as per time, circumstances & necessities for welfare of people.

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