Protection of Human Rights Act 1993
Act No. 10 Of 1994
Statement of Objects and Reasons :
India is a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, adopted by the General Assembly of the United Nations on the 16th December, 1966. The human rights embodied in the aforesaid Covenants stand substantially protected by the Constitution.
2. However, there has been growing concern in the country and abroad about issues relating to human rights. Having regard to this, changing social realities and the emerging trends in the nature of crime and violence, Government has been reviewing the existing laws, procedures and system of administration of justice; with a view to bringing about greater accountability and transparency in them, and devising efficient and effective methods of dealing with the situation.
3. Wide ranging discussions were held on the subject at various fora such as the Chief Ministers” Conference on Human Rights, seminars organised in various parts of the country and meeting with leaders of various political parties. Taking into account the views expressed in these discussions, the Human Rights Commission Bill, 1993 was introduced in the Lok Sabha on 14th May, 1993. The Bill was referred by the Speaker to the Standing Committees of Parliament on Home Affairs. In view of the urgency of the matter, the Protection of Human Rights Ordinance, 1993, was promulgated by the President on 28th September, 1993, after incorporating certain amendments having regard to the discussions in the said Standing Committee.
4. The salient features of the present Bill are
(1) the Constitution of the National Human Rights Commission consisting of five members appointed by the President with a Chairperson who has been a Chief Justice of the Supreme Court;
(2) the Chairpersons of the National Commission for the Scheduled Castes and Scheduled Tribes and the National Commission for Women and the National Commission for Minorities, will be deemed to be Members of the Commission for the discharge of certain functions;
(3) the Commission will be a fact-finding body with powers to conduct inquiry into complaints of violation of human rights;
(4) the Commission will be assisted by investigating agencies of the Central and State Governments the Government may also constitute one or more special investigation teams;
(5) the State Government may set up Human Rights Courts for speedy trial of offences, arising out of violations of human rights and may also specify a Public Prosecutor or appoint an advocate as Special Public Prosecutor for the purpose of conducting cases in such Courts;
(6) the Commission may make recommendations for the effective implementation of the existing laws and treaties on human rights;
(7) the Commission may undertake research in the field of human rights and take measures to promote awareness of human rights among all sections of society;
(8) the Constitution of the State Human Rights Commission on the lines of the National Human Rights Commission.
5. The Bill seeks to replace the aforesaid Ordinance.
Amendment Act 49 of 2000-Statement of Objects and Reasons :
Section 11 of the Protection of Human Rights Act, 1993 provides that the salaries and allowances payable to, and the other terms and conditions of service of the officers and other staff appointed by the Commission shall be prescribed by rules. Accordingly, the Central Government notified the National Human Rights Commission (Conditions of Service of Officers and Staff) Rules, 2000. While examining the question of revising the salary and allowances payable to the officers and other staff of the said Commission with effect from 1st January, 1996 on the basis of the recommendations of the Fifth Central Pay Commission by suitably amending the relevant rules, it has been observed that there is no enabling provision in the said Act to give retrospective effect to these recommendations. In order to overcome this difficulty, it is proposed to amend the Protection of Human Rights Act, 1993 to provide for an enabling provision to make rules with retrospective effect not earlier than the date of commencement of the said Act.
Amendment Act 43 of 2006-Statement of Objects and Reasons :
The National Human Rights Commission was set up in October, 1993 under the Protection of Human Rights Act, 1993 for promotion and better protection of human rights. The National Human Rights Commission (NHRC) set up an Advisory Committee under the Chairmanship of Justice A.H. Ahmedi, former Chief Justice of India to assess the need for amendments to the Act. Based on the recommendations of the Justice Ahmedi Committee, the NHRC has suggested various amendments to the said Act. The various amendments proposed by the NHRC and certain other issues relating to the scope and ambit of the Act have been examined and it has been decided to amend the Act.
2. The Bill, inter alia, seeks to-
(a) clarify that the Chairpersons of NHRC and State Human Rights Commission (SHRCs) are distinct from the Members of the respective Commission;
(b) make Judges of the Supreme Court with at least three years service as such to be eligible to be appointed as the Chairperson of the NHRC;
(c) make Judges of the High Courts with at least five years of service as such to be eligible to be appointed as Chairperson of the SHRCs; and a District Judge with a least seven years of experience in that capacity to be a Member of the SHRC;
(d) enable the NHRC to transfer complaints received by it to the concerned SHRC;
(e) enable the NHRC to visit any jail or detention centre without prior intimation to the State Government;
(f) enable the Chairperson and Members of the NHRC to address their resignations in writing to the President and the Chairperson and Members of the SHRCs to the Governor of the State concerned;
(g) clarify that absence of any member in the Selection Committee for selection of the Chairperson and Members of the NHRC or the SHRCs will not vitiate the decisions taken by such Committees;
(h) enable the NHRC and the SHRCs to make interim recommendations during an inquiry;
(i) empower the NHRC and its Chairperson of the National Commission for the Scheduled Castes and the Chairperson of the National Commission of the Scheduled Tribes shall be deemed to be Members of the NHRC;
(j) enable the Central Government to notify future international covenants and conventions to which the Act would be applicable.
3. The Bill seeks to achieve the above objects.
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An Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Forty-fourth year of Republic of India as follows :
Chapter I :
Preliminary :
Section 1 :
Short title, extent and commencement :
(1) This Act may be called The Protection of Human Rights Act , 1993.
(2) It extends to the whole of India:
1.(***)
(3) It shall be deemed to have come into force on the 28th day of September, 1993.
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1. The proviso omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).
