The Protection of Human Rights Act (PHRA), 1993 was enacted by the Indian Parliament to provide a robust institutional framework for the protection and promotion of human rights, aligning the country’s domestic laws with international standards like the Paris Principles.
The primary objects of the Act are outlined in its Preamble and have been expanded through various judicial interpretations.
Primary Objectives of the Act
A. Establishment of Institutional Infrastructure
The foremost object was to create specialized, independent bodies to monitor human rights violations.
National Level: Creation of the National Human Rights Commission (NHRC).
State Level: Creation of State Human Rights Commissions (SHRCs).
District Level: Establishment of Human Rights Courts for speedy trials of offenses arising out of human rights violations.
B. Better Protection of Human Rights
The Act defines "Human Rights" under Section 2(1)(d) as the rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in International Covenants and enforceable by courts in India.
The object is not just to "declare" rights, but to provide "better protection" than what existed under ordinary civil and criminal laws.
C. Accountability of Public Servants
A central objective is to hold the State and its instruments accountable. The Act empowers the Commissions to inquire into:
Violations of human rights by a public servant.
Abetment of such violations by a public servant.
Negligence by a public servant in preventing such violations.
D. Humanizing the Justice System
The Act aims to oversee the conditions of those in State custody.
Objective: To visit jails, reformatories, and other detention centers to ensure that the "dignity" of inmates is maintained and to suggest improvements in living conditions.
Judicial Observation
In Chaitanya Kalbagh v. Union of India, the court emphasized that the object of the PHRC is to ensure that the "rule of law" prevails and that the State does not use its power to crush the fundamental dignity of its citizens.
Salient Features of the Act
Three-Tier Structure: Establishes the NHRC (National), SHRC (State), and Human Rights Courts (District).
Independent Appointments: The Chairperson and members are chosen by a high-level committee including both the Prime Minister and the Leader of the Opposition to ensure neutrality.
Civil Court Powers: The Commission can summon witnesses, examine documents, and receive evidence exactly like a civil court.
Suo Motu Power: The Commission can start an investigation on its own based on news reports or its own information—no formal victim complaint is required.
Investigative Wing: It has its own team of investigators (headed by a DGP) so it doesn't have to rely solely on the police it might be investigating.
Jail Oversight: It has a legal mandate to visit prisons and detention centers to check on inmate welfare.
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