In this respect, Human rights are the life giving &life saving foundation pillars of human & their life which are natural, universal & integral power for all gifted by God & Goddess free of cost only by which the existence of human & human life is possible. As the human rights are necessary, essential, compulsory & mandatory as its Enforcement system; the human rights & its Enforcement system are interrelated, mutually depends on each other. Both are the complement with each other. In this regard, the existence of the Human rights is not possible without its Enforcement system in any case. The significance & importance of human rights are absolutely existent with its Enforcement system. In Rule of Law, the success & achievement (s) of human rights can be got only its Enforcement system. The entire concept of human rights is unsuccessful & failed without its Enforcement system. The relationship between the human rights and its Enforcement system is as the body and soul. The importance of the body & life is when; the soul lives in the body; without soul or spirit, the body is disposed of as required. The same relation is found between the aforesaid.
In today’s scenario, the
deprival or deprivation and denial from the Life & Personal Liberty of
human & violations of the human rightsin spite of the existence of the
Enforcement system is very common openly or broad day light in the furtherance,
compliance & existence of Rule of Law, subject to the principle (s) Equity,
good conscience, justice, morality, Natural justice and other connected things
in sovereign, secular, socialist & democratic India. The conditions of
human rights is the worst in India because the human rights are being violated
most seriously, heinously, fiercely which is the destruction not only of human
rights but also human & humanity unlimitedly. The violations of human
rights in India are untold, unexpressed & which also beyond the narrations
due to their unlimited seriousness and unbearable or intolerable sorrows &
pains of human. There is not standard and instrument is available for the
measurement of the aforesaid unlimited & irreparable violations of human
rights in spite of the existence of the Enforcement system of human rights in
India. With relation to this, it can not be denied from the protection,
preservation & development of human rights in the existence of Enforcement
system of human rights. All the aforesaid are subject to the justified &
required exceptions according to time, circumstances, necessities and other
related things in India. In this regard, now the prime question is before us
that who is/are the liable or responsible or accountable and answerable for the
hereinbefore mentioned violations of human rights in India? Who will answer of
the questions?
In
this connection, the Enforcement system of human rights is playing the most
significant, important and greatest role for the implementation of human rights
in India. The human rights are protected, preserved and developed by the means
of its Enforcement system & through the procedure of the implementation;
the process of the implementation is conducted by the Enforcement system as a
medium. In this respect, it pertains to reiterate that the human rights as
fundamental rights have been mentioned under the Part -03 and as the directive
principles of the states policy under the part -4 of the Constitution of India
and under section 2(1)(d)[1]
which reveals as meaning of human rights that the rights mentioned in the both
International covenants & enforceable by the Courts in India. This chapter captioned
or titled as-‘The Enforcement System of Human Rights in India’is with respect to theEnforcement
System of Human Rights as direct & indirect but this
research is limited to only direct enforcement system of human rights in India which
includes the Supreme Court of India as the highest & guaranteed enforcement
system of human or fundamental rights (Under article 32), High Court (s) (Under
article 226) of the Constitution, the National Human Rights Commission
(N.H.R.C.) & 25+1(Jointly Andhra Pradesh & Telangana) =26 existing State
Human Rights Commissions (S.H.R.C.s) of India, the remaining States or Union
Territories did not constitute theS.H.R.C.s under the Protection of Human Rights
Act, 1993. The required data of 24 High Courts of Indiahas been contained in
this chapterexcept the Kerala High Court because the required data is not
available on the National Judicial data gridin this regard.With regard to this, 25th
High Court has been newly established in the Telangana separately from the
Andhra Pradesh & has been started the functions from 01 January, 2019 in
Amravati consisting with the one Chief Justice & 15 other Judges; Hon’ble Justice
T.B. Radha Krishnan was appointed as theChief justice of the High Court on 01
January, 2019 & 12 other Judgers took the oath[2] consequently now there are
25High Courts in India This chapter also reveals the meaning,
kinds of the Enforcement system of human rights, the conception of time bound
delivery of justice, data regarding the shortage of judges, pendency of the
cases, leading, landmark, recent and required case laws and other connected and
relevant things. It also shows the conditions of the human rights & its Enforcement
system in India.Keeping in the specific view of all heretofore contained, the
main question is before us that what is Enforcement system? The meaning or
definition ofthe Enforcement system is as follows:-
What is Enforcement system:-
In
this regard, the Constitution of India does not furnish the definition of the
Enforcement system of Human rights.
With
this relation, the Protection of Human Rights Act 1993 does also not confer the
definition of the Enforcement system of Human rights.
The Universal
Declaration of Human Rights, 1948, the International Covenant on Civil and
Political Rights, 1966 and the International Covenant on Social, Economic and
Cultural Rights, 1966 are also salient with regard to the definition (s) of
Enforcement system of Human rights.
In
respect of above said, the General Clauses Act 1897 does not provide the
definition (s) of Enforcement system of Human rights.
In the light of all
placed hereinbefore, the meaning or definition of the Enforcement system may be
as:-
Enforce: - To give force or
effect to (a Law, etc.); to compel obedience to.[3]
Enforcement: - The act or process of
compelling compliance with a Law, mandate or command.[4]
Enforce: - to compel the
observance of; to put in execution; to cause to take effect.[5]
Enforce: - to make people obey a
law or rule or do something that they do not want to.[6]
Enforcement: -The
act of compelling observance of or compliance with a law, rule, or obligation.[7]
Enforce: - compel observance of or compliance with (a law, rule, or
obligation).[8]
System: - A set of ideas or
rules for organizing something, A particular way of doing something[9]
System: - A group of things or
parts that work together[10]
System: - a set of principles or procedures according to which
something is done; an organized scheme or method.[11]
System: - a set of connected things or parts forming a complex whole,
in particular.[12]
In the aforesaid view of, it can be
said that Enforcement system means a compelling procedure with the compliance
of Law, organizing something with a specific or systematic way or method to do
something or not to do something on the basis of principles or processes or
law.
To
summarize it comes as under that the body or institution or officer or
authority or agency or person or any other similar things who or which has the
power or authority to compel someone with a systematic way or method to do
something or not to do something on the basis of Law; keeping in view of
consequences of the same that is the Enforcement system. The Enforcement system
includes courts, tribunals, commissions and other required systems.
With
respect to the aforesaid concisely & overall it can be said that Enforcement system means a compelling
procedure with the compliance of Law, organizing something with a specific or
systematic way or method to do something or not to do something on the basis of principles or processes
or law. The body or institution or officer or authority or agency
or person or any other similar things which has the power or authority to
compel someone with a systematic way or method to do something or not to do
something on the basis of Law; keeping in view of consequences of the same that
is the Enforcement system. The Enforcement system includes courts, tribunals, commissions
and other required things.[13]It
is appropriate to place here that Implementation is the process of putting a decision or plan
into effect; execution.[14]
The Implementation is a procedure by which all the things are given to whole
human being or mankind on the name of human rights or its law which are
compulsory & essential for life, personal liberty, security of human & their property to
ensure or make ensure the existence or keep ensuring or keep making the
existence of human life ensure by a competent court or officer or authority who
or which has power to enforce or implement or make enforce or implement the law
in relation to human rights in
accordance with the requirements, time & circumstances.[15]
[1]The
Protection of Human Rights Act 1993
[2]
The Dainik Bhaskar Faridabad, Delhi NCR dated 27 December, 2018 & 02
January, 2019 Page Number (s) 01 of the both respectively
[3] Bryan A. Garner: Black’s Law
Dictionary: West group St. Paul, Minn 1999: edition 7th Page No.549
[4] Ibid
[5]Legal Glossary:
Law, Justice and Company Function Ministry, Legislative Department,
RajbhashaKhand, Government of India Edition 2001: page No.116
[6]Dr. Suresh Kumar & Dr. RamnathSahai:
Oxford English – English-Hindi Dictionary: Oxford University Press: Fourteen
Impression: July 2010: page no. 392
[7]
https://translate.google.com/#auto/en/enforcement
[8]
https://translate.google.com/#auto/en/enforce
[9]Dr. Suresh Kumar & Dr. RamnathSahai:
Oxford English – English-Hindi Dictionary: Oxford University Press: Fourteen
Impression: July 2010: page no. 1212
[10]Ibid
[11]
https://translate.google.com/#auto/en/system
[12]Ibid
[13]Ramesh Kumar, A Critical Appraisal Of Law Relating to Human Rights in
India with Special Reference to Enforcement System, Legal
Research Development (An International Referred e-
Journal),
Gwalior, Madhya Pradesh, India, Vol. I Issue III March 2017 Page No.64
[14]
https://translate.google.com/#en/hi/Implementation
[15]Ramesh Kumar, A
Critical Appraisal of Implementation of Law Relating to Human Rights with
Special Reference to Enforcement System in India, International Journal of
Law (Peer Reviewed, Refereed &,
Indexed Journal) (Impact Factor: RJIF 5.12)UGC Approved Journal No. 48749 Vol.
III Issue IV July- August 2017 Page No. 90
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