Monday, 21 April 2014

Protection of Human Rights Act, 1993

Human Rights means 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.


Constitution of a National Human Rights Commission
 The Central Government shall constitute a body to be known as the National Human Rights Commission under the Human Rights Act of 1993 to exercise the powers conferred upon and to perform the functions assigned to it under this Act.


The Commission shall consists of 
  • A Chairperson who shall been a Chief justice of the Supreme Court
  • One member who is, or has been, a judge of the Supreme Court
  • One member who is, or has been the Chief Justice of a High Court
  • Two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to Human Rights
  • The Chairpersons of the National Commission for Minorities, the National Commission for the Scheduled Caste and Scheduled Tribes and the National Commission
  • There shall be a secretary general who shall be the Chief Executive Officer of the Commission and shall exercise all powers
  • The head quarter of the Commission should be in Delhi  
Functions and powers of the commission
  • Inquire violence of the Human Rights
  • Visit jail or any or any other institution under the control of the state government, where persons are detained or lodged for purpose of treatment or protection to study
  • Review the safeguards provided by the Constitution
  • Review the factors, including facts of terrorism, that inhibits the enjoyment of human rights
  • Study treaties and other International instruments on human rights
  • Undertake and promote research in the field of human rights
  • Spread human right literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, media, seminars
  • Encourage the efforts of non governmental organizations and institutions in the field of human rights
Human Rights Court
For the purpose of providing speedy trial of offences arising out of violation of human rights, the state government with the concurrence of the Chief Justice of the High Court specify to the each district a court of session called as Human Rights Court.

Wednesday, 16 April 2014

Human Rights Movement


1. B.R.Ambedkar started ‘Mahad Satyagraha’ in 1927 A.D. Whose main aim is to provide adequate right to the common people which is the gift of nature like drinking water, free air and working on rules and he advised the Dalits publicly to burn the Manu Smriti. Making the scripture responsible for dis-organisation and dimorolization of the Hindu Society.

2. Simon Commission (1927)
B.R.Ambedkar got an opportunity to putforth demand of the backword classes and made constitutional provisions for a political structure in India those are as follows-
  • Structure of the central and provincial Govt
  • Provincial autonomy of administration
  • Industrialisation of the Indian Civil services
  • Constitution of the state public service commission
  • Special facilities for the backward classes
3. Turning Point: (1932)
B.R.Ambedkar started temple entry movement in Nasik on 1930, demanded for “Swaraj” (Self Rule).
In the Round table conference, Ambedkar demanded right of the Dalits, that made as the writ between Gandhiji and Ambedkar.

4. The Pune Pact
The Pune Pact was sign on 24th Sept,1933 between Gandhi and Ambedkar, that gave birth to Reservation of seats for the Back Ward Classes.

5. Drafted the Constitution (1946-1950)
Ambedkar is called as the Father of the Indian Constitution, with the longest Constitution and largest democracy. It enshrines Justice, Liberty, Equality, Fraternity and guaranted sovereignity for all.
Article 17 of the Constitution speaks for the Abolition of Untauchability & special provision for the upliftment of S.C & S.Ts. There have also provision of One man One vote.

6. Revival of Budhism
Ambedkar with his millions of followers accepted Budhism in October 14, 1956. It was better known to history as “Nagpur’s great Conversion”. It was a protest against Hinduism. He called upon the world population from British Broadcast corporation to ambrace Budhism based on Pragyana (knowledge) , samokta (equality) and karuna (kindness).

Human Rights in Indian Context


The concept of Human Rights in its expanding comprehension, has now travelled to encompass what are called "third generation" rights which includes : right to self determination, right regarded as belonging to people rather than individual, right to sovereignty over natural wealth and resources of the country and, right to development as well as rights of disadvantaged groups to special protection. Thus the road travelled by Human Rights movement has been historic and impressive.

Growing realization of governments, activists, elite, opinion builders and constitutionalists that constitutions of most of the nations believing in rule of law incorporate explicitly or implicitly the provisions of various International Covenants on Human Rights in one way or the other. For example, the Founding Fathers in India incorporated in the Constitution most of the rights enumerated in the Universal Declaration in two parts - the Fundamental Rights and the Directive Principle of State Policy that covered almost the entire field of Universal Declaration of Human Rights.

The first set of rights enunciated in Article 2 to 21 of the Declaration and incorporated under the Fundamental Rights. Article 12 to 35 of the Constitution and the second set of rights enunciated in Article 22 to 28 of the Declaration are incorporated under Directive Principles - Article 36 to 51 of the Constitution. This led to the realization that Human Rights have a significant role to play in the national context.