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PROTECTION OF HUMAN RIGHTS 1993

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This article is written by Nishtha Vallecha of Semester 5 of Amity University, Chhattisgarh

Abstract

In 1993, several significant developments and events shaped the landscape of human rights protection on a global scale. The Vienna Declaration and Programme of Action, adopted by the United Nations World Conference on Human Rights, played a pivotal role. This document reaffirmed the universality and interdependence of human rights, emphasizing civil, political, economic, social, and cultural rights as integral components. It provided a comprehensive framework for the realization and promotion of human rights.

Another milestone was the establishment of the International Criminal Tribunal for the Former Yugoslavia (ICTY) by the United Nations Security Council. The ICTY aimed to bring justice to individuals responsible for grave violations of international humanitarian law during the Balkan conflicts. This tribunal marked a significant step towards ensuring accountability for war crimes, crimes against humanity, and genocide.

Additionally, the signing of the Oslo Accords between Israel and the Palestine Liberation Organization (PLO) in 1993 sought to address the Israeli-Palestinian conflict. While primarily focused on achieving a peaceful resolution, the accords acknowledged the importance of protecting human rights for all affected individuals.

Regionally, the African Commission on Human and Peoples’ Rights strengthened its role in promoting and safeguarding human rights in Africa. The African Charter on Human and Peoples’ Rights, which came into force in 1993, provided a legal framework for the protection of human rights across the continent.

Overall, 1993 marked a significant year in the advancement of human rights. Through international agreements, the establishment of tribunals, and regional initiatives, progress was made in recognizing the universal importance of human rights and seeking accountability for their violations.

Keywords: Human rights, Universal Declaration of Human Rights, International human rights law, Right to privacy, Non-discrimination

Introduction

In the year 1993, the protection of human rights witnessed significant developments and events that shaped the global landscape of human rights advocacy and enforcement. It was a year marked by important milestones, international agreements, and regional initiatives that aimed to uphold and promote the fundamental rights and freedoms of individuals worldwide.

At the forefront was the United Nations World Conference on Human Rights held in Vienna, where the international community reaffirmed its commitment to protecting and promoting human rights. The adoption of the Vienna Declaration and Programme of Action provided a comprehensive framework that emphasized the universality, interdependence, and indivisibility of human rights. This landmark document highlighted the importance of civil, political, economic, social, and cultural rights, laying the groundwork for their recognition and realization.

Another crucial development in 1993 was the establishment of the International Criminal Tribunal for the Former Yugoslavia (ICTY) by the United Nations Security Council. The ICTY played a pivotal role in seeking justice for the grave violations of international humanitarian law committed during the conflicts in the Balkans. This tribunal’s formation demonstrated a collective determination to hold individuals accountable for war crimes, crimes against humanity, and acts of genocide, promoting the protection of human rights in times of armed conflicts.

Furthermore, regional efforts to protect human rights gained momentum in 1993. The African Commission on Human and Peoples’ Rights reinforced its commitment to the promotion and safeguarding of human rights on the African continent. The African Charter on Human and Peoples’ Rights, which came into force in the same year, provided a legal framework for the protection of human rights and laid the foundation for the African Commission’s monitoring and enforcement activities.

Overall, 1993 was a year of significant progress and international recognition in the realm of human rights protection. The events and initiatives that unfolded during this period set the stage for subsequent advancements and paved the way for a more comprehensive and inclusive approach to human rights promotion and enforcement on a global scale.

Objective

The objectives of the protection of human rights in 1993 were driven by a collective desire to ensure the promotion, recognition, and safeguarding of fundamental human rights worldwide. Several key objectives emerged during this pivotal year, reflecting the aspirations of the international community:

1. Universal Recognition: The objective was to achieve universal recognition that human rights are inherent to all individuals, irrespective of their nationality, race, gender, or other characteristics. Efforts were made to emphasize the universality and indivisibility of human rights, underscoring that civil, political, economic, social, and cultural rights are interconnected and equally important.

2. Accountability and Justice: A crucial objective was to establish mechanisms for accountability and justice, particularly in cases of grave human rights violations. The establishment of the International Criminal Tribunal for the Former Yugoslavia (ICTY) exemplified the international community’s commitment to holding individuals accountable for war crimes, crimes against humanity, and genocide. This objective aimed to deter future human rights abuses and provide justice to victims.

3. Peaceful Conflict Resolution: The objective was to promote peaceful conflict resolution processes that respect and protect human rights. The signing of the Oslo Accords between Israel and the Palestine Liberation Organization (PLO) in 1993 demonstrated efforts to resolve the Israeli-Palestinian conflict while acknowledging the importance of human rights for all affected individuals.

4. Regional Initiatives: The objective was to strengthen regional initiatives for the protection of human rights. The African Charter on Human and Peoples’ Rights, which came into force in 1993, aimed to establish a legal framework for promoting and safeguarding human rights on the African continent. Regional bodies such as the African Commission on Human and Peoples’ Rights played a vital role in monitoring and addressing human rights challenges.

5. Awareness and Education: An objective was to enhance awareness and education on human rights. Efforts were made to promote human rights education, raise public awareness, and build capacity at various levels to ensure individuals were informed of their rights and empowered to defend them.

By pursuing these objectives in 1993, significant strides were made in the global protection of human rights, setting the stage for continued efforts in subsequent years to advance human dignity, equality, and freedom for all.

Need for protection of human rights, 1993 

The enactment of the Protection of Human Rights Act, 1993 in India was necessitated by several factors. Firstly, India is a signatory to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights, which were ratified by the United Nations General Assembly on December 16, 1966. As a member of these international agreements, there was a need to align domestic legislation with the principles and obligations outlined in these covenants.

Furthermore, there was a growing recognition of the importance of safeguarding human rights both within the country and globally. The increasing incidents and awareness of human rights violations necessitated a comprehensive legal framework to address these issues. The government acknowledged the need to review existing laws, procedures, and justice administration systems to enhance accountability, transparency, and effectiveness in dealing with human rights concerns.

Extensive consultations were conducted across various platforms, including the Chief Ministers’ Conference on Human Rights, nationwide seminars, and discussions with leaders of major political parties. These conversations highlighted the pressing need for a dedicated law to address human rights issues. The diverse viewpoints expressed in these consultations strongly advocated for the enactment of legislation specifically focused on the protection of human rights.

Thus, considering India’s international commitments, the changing social landscape, and the growing demand for an effective framework to address human rights concerns, the Protection of Human Rights Act, 1993 was enacted to provide a legal framework for the promotion, protection, and enforcement of human rights in the country.

Scope of human rights

Initially, the Protection of Human Rights Act, 1993 applied to the entire territory of India, including the union list and concurrent list of Jammu and Kashmir as specified in Section 1(2) of the Act. However, through the amendment introduced by Act 34 of 2019, this proviso was removed. As a result, the Act now extends its jurisdiction to cover the entire nation of India.

The salient features of the Protection of Human Rights Act, 1993 are as follows:

1. Protection of Human Rights: The primary objective of the Act is to safeguard human rights, which encompass the rights to life, liberty, equality, and dignity, as guaranteed by the constitution.

2. Checks on State Power: The Act aims to prevent abuses of power by state bodies and ensures accountability for any violations of human rights committed by them.

3. Establishment of Human Rights Institutions: The Act establishes essential institutions, namely the National Human Rights Commission and State Human Rights Commissions, to advance and protect the rights of individuals and promote the development of their personalities.

4. Remedies for Violations: The Act provides effective and necessary measures to secure remedies in case of human rights violations, ensuring that victims have access to justice and redressal.

5. Human Rights Courts: One of the significant features of the Act is the establishment of Human Rights Courts, which play a crucial role in prosecuting and addressing serious human rights violations.

Overall, the Protection of Human Rights Act, 1993 is a comprehensive and vital legislation that emphasizes the protection, promotion, and enforcement of human rights in India. It empowers the National and State Human Rights Commissions, as well as Human Rights Courts, to address grievances, provide remedies, and hold accountable those responsible for violating human rights.

 Relevant provisions related to the protection of human rights, 1993.

Part 1 of this act: definition of human rights

Section 2(d) of the Protection of Human Rights Act, 1993 provides a definition of human rights as individual rights to life, liberty, equality, and dignity. These rights are guaranteed by the Constitution of India or recognized in international covenants and can be enforced by Indian courts. However, this definition has implications for the functions of the National Human Rights Commission.

India has ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights. However, these international covenants do not have direct enforceability as law in Indian courts. Consequently, the Protection of Human Rights Act, 1993 confines the definition of human rights to the fundamental rights outlined in Part III of the Indian Constitution. These rights are enforceable in Indian courts, ensuring their legal protection and access to remedies.

By limiting the definition of human rights to the rights enshrined in the Indian Constitution, the Act sets clear boundaries for the functions of the National Human Rights Commission. The Commission’s primary responsibility is to address human rights violations within the framework of the Constitution, aligning its mandate with the enforceable rights recognized within the Indian legal system.

In summary, the definition of human rights in the Act restricts the scope of the National Human Rights Commission’s functions to the rights safeguarded under Part III of the Constitution, which are directly enforceable in Indian courts.

Case law

Beenu Rawat v. Union of India [2](2013)

The Supreme Court has emphasized the importance of striking a balance between rights and duties. While individuals have the right to protest against arbitrary state actions, it is crucial to recognize that protesting against police actions or inactions carries higher risks of potential violations of fundamental rights. Simultaneously, it is imperative that people do not paralyze the functioning of the state machinery under the guise of protest. Individuals possess the right to protest, but they also have a duty to abide by the law. Similarly, the police have a duty to maintain law and order. Therefore, it is necessary to establish a balance between rights and duties, as unchecked rights can lead to the misuse of those rights.

P.T. Munichikkanna Reddy v. Revamma[3] (2007)

The Supreme Court rejected the appeal and granted a compensation of Rs 25,000. Additionally, the court stated that adverse possession is rooted in the notion that the owner has relinquished the property to the adverse possessor by tacitly accepting their hostile actions and claims while being in possession.

National Human Rights Commission

The National Human Rights Commission (NHRC) established in 1993, is an independent statutory body as per the provisions of the Protection of Human Rights Act of 1993 which was amended in 2006. Chapter II of the Act focuses on the establishment and structure of the National Human Rights Commission (NHRC). According to Section 3 (1)[4] of the Act, it is mandated that the Central Government is responsible for the formation of the NHRC.

NHRC Composition – Members of NHRC 

Appointment of NHRC Members

Section 4 [5]of the Act pertains to the appointment process of the Chairperson and other members of the National Human Rights Commission (NHRC). Under this section, a selection committee is tasked with the responsibility of recommending suitable candidates to the President. A Selection Committee will recommend the candidates to the President.

The Selection Committee includes:

This section also stipulates that the appointment of a sitting Supreme Court Judge or Chief Justice to the National Human Rights Commission (NHRC) cannot be made without prior consultation with the Chief Justice of India.

Tenure of office members

According to Section 6[6] of the Act, the Chairperson and other members of the National Human Rights Commission (NHRC) are appointed for a tenure of 3 years or until they reach the age of 70, whichever comes first. They are also eligible for reappointment.

Removal of the Chairperson or any other member [Section 5]

Section 5[7] of the Protection of Human Rights Act, 1993, outlines the procedures and grounds for the removal of the Chairperson or any other member of the Commission.

According to this section, the President is the authority responsible for removing the Chairperson or any member of the Commission, but only upon proven misbehavior or incapacity. In such cases, the matter is referred to the Supreme Court for investigation. If the Supreme Court confirms the grounds for removal and advises the President accordingly, the Chairperson or member of the National Human Rights Commission (NHRC) can be dismissed.

Furthermore, the President, as per the provisions of this section, holds the power to remove the Chairperson or any member if they are declared insolvent, engage in additional paid employment unrelated to their official duties, are deemed unfit for continued service due to physical or mental infirmity, are declared mentally unsound by a competent court, or are convicted and sentenced to imprisonment for an offense that, in the President’s judgment, involves moral corruption.

Section 12[8] of the Act outlines the functions and powers of the National Human Rights Commission (NHRC) as follows:

1. The NHRC is empowered to investigate complaints regarding human rights violations or negligence in preventing such violations by public servants. These investigations can be initiated either suo-motu or upon receiving petitions.

2. The NHRC can intervene in any judicial proceedings involving allegations of human rights violations.

3. It has the authority to visit prisons or institutions under the control of state governments to assess the living conditions of inmates. Based on its observations, the NHRC can make recommendations to the authorities.

4. The NHRC is authorized to examine constitutional provisions safeguarding human rights and recommend appropriate measures for their enforcement.

5. It can examine the factors that impede the enjoyment of human rights, including acts of terrorism, and suggest remedies to address such issues.

6. The NHRC studies human rights treaties and other international instruments, providing suggestions for their effective implementation.

7. The Commission conducts and promotes research in the field of human rights.

8. It endeavors to raise awareness and promote human rights literacy by organizing seminars, using various media platforms, and publishing relevant materials.

9. The NHRC encourages the participation of non-governmental organizations and institutions working in the field of human rights.

10. The National Human Rights Commission may undertake any other necessary function for the promotion of human rights.

Section 13 [9]of the Act states that during the investigation of complaints under this Act, the National Human Rights Commission (NHRC) possesses all the powers of a civil court as defined in the Code of Civil Procedure.

As per Section 14, the Commission is empowered to engage the services of officers or intelligence agencies of the Central Government or State Governments to carry out investigations related to inquiries.

Section 20 mandates that the NHRC is required to submit both annual reports and special reports to the Central Government and state governments.

Cases related to functions and powers of commission.

Paramjit Kaur vs state of Punjab (1999)

The Supreme Court, exercising its authority under Article 32 of the Constitution of India, has entrusted the National Human Rights Commission (NHRC) with specific matters according to its order. All authorities in the country are obligated to follow the directions of the Supreme Court and assist in its implementation. The NHRC is also bound by these directions and operates accordingly, rather than solely under the Act that establishes it. When deciding on matters referred to by the Supreme Court, the NHRC has considerable freedom and is not constrained by specific conditions. Hence, the jurisdiction exercised by the NHRC in these cases is of a unique nature that is not governed by existing legislation and can be considered sui generis.

Part 3 SHRC – State Human Right Commission

Chapter V, Sections 21-29 of the Act encompasses the provisions pertaining to the establishment, composition, and functioning of the State Human Rights Commissions (SHRC).

The SHRCs are statutory bodies established at the state level, responsible for safeguarding human rights and investigating violations that occur within their respective states, similar to the role of the National Human Rights Commission at the national level.

West Bengal holds the distinction of being the first state in India to establish a State Human Rights Commission, which was formed on January 31, 1995. Currently, as per official information, 26 states have established their respective State Human Rights Commissions.

Scope and jurisdiction of SHRC

The State Human Rights Commission (SHRC) has the jurisdiction to investigate human rights violations pertaining to any subjects listed in Lists II and III of the Seventh Schedule of the Constitution of India, subject to the principle of res judicata.

In cases where two or more state governments mutually agree, they can appoint the chairperson or member of a state commission to serve simultaneously in another state commission, provided that the concerned individual consents to such appointment.

Part 4 of the act – human rights courts

Chapter VI of the legislation, which consists of Sections 30 and 31, contains provisions regarding the establishment of Human Rights Courts in every district.

Under Section 30, the State Governments are empowered to establish Human Rights Courts by issuing Notifications, with the approval of the Chief Justice of the High Court. These Notifications designate specific Courts of Sessions in each District to function as Human Rights Courts. As per Section 31, the State Government is required to appoint a public prosecutor or an advocate with a minimum of seven years of practice as the representative for conducting cases in the Human Rights Courts. This designated individual is known as a “Special Public Prosecutor.” It is important to note that creating Human Rights Courts in every district is not compulsory, as Section 30 of the legislation uses the phrase “the State Government may set up the Courts.” Nevertheless, to ensure the expeditious trial of offenses arising from human rights violations, it is advisable for states, particularly those with high incidences of such violations, to establish these courts.

Conclusion

The year 1993 marked a significant milestone in the global pursuit of protecting and promoting human rights. It witnessed several key developments and initiatives aimed at safeguarding the inherent dignity and fundamental freedoms of individuals across the world. The protection of human rights has emerged as a critical aspect of international law and policy, recognizing the need for a just and equitable society where every person can live a life of dignity and freedom.

In 1993, the Vienna Declaration and Programme of Action was adopted at the World Conference on Human Rights, held in Vienna, Austria. This landmark document reaffirmed the universal nature of human rights and emphasized their interdependence and indivisibility. It underscored the importance of respecting and promoting civil, political, economic, social, and cultural rights as integral to the well-being of individuals and societies as a whole.

Furthermore, the establishment of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in 1993 further strengthened the global commitment to human rights. The OHCHR plays a pivotal role in promoting and protecting human rights worldwide, providing support to states, monitoring human rights situations, and advocating for accountability and justice.

In 1993, the international community also witnessed the ratification of significant human rights treaties. The ratification of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights by several states demonstrated a growing consensus on the importance of protecting a wide range of rights, including the right to education, health, freedom of expression, and fair trial.

The progress made in 1993 and subsequent years has highlighted the significance of human rights in shaping legal frameworks, policies, and practices at national, regional, and international levels. Efforts have been made to address human rights violations, combat discrimination, and promote equality and justice. However, challenges persist, and the protection of human rights remains an ongoing struggle.

In conclusion, the developments in 1993 played a crucial role in advancing the protection of human rights globally. They reaffirmed the universal nature of human rights, established important institutions, and underscored the interdependence of different rights. While significant progress has been made, the realization of human rights for all individuals requires continued dedication, collective action, and the pursuit of justice. The protection of human rights is not only a legal and moral imperative but also essential for building inclusive, peaceful, and prosperous societies for generations to come.

[1] S 2, Protection of Human Rights, 1993

[2]  Beenu Rawat v. Union of India, 2013, writ petition(civil) no. 446

[3]  P.T. Munichikkanna Reddy v. Revamma, (2007) 6 SCC,59

[4] The Central Government shall constitute a body to be known as the National Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to, it under this Act.

[5] Appointment of Chairperson and other Members.

[6] Term of office of Chairperson and Members.

[7]  Resignation and removal of Chairperson and Members.

[8] Functions of the Commission.

[9] Powers relating to inquiries.

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