Important Indian Laws and Commissions Related to Human Rights

Human rights protection in India relies on a framework of constitutional guarantees, statutory legislations, and institutional mechanisms designed to safeguard civil, political, economic, social, and cultural rights. India ratified the Universal Declaration of Human Rights (UDHR) in 1948 and integrated fundamental rights into Part III and Directive Principles into Part IV of its Constitution. The legislative architecture spans protection against socio-economic exploitation, safeguards for vulnerable groups, and statutory commissions operating at central and state levels to enforce compliance, investigate violations, and recommend legal remedies.

Constitutional Foundations and Statutory Framework

Constitutional Guarantees

• Part III (Fundamental Rights): Articles 14 to 32 guarantee enforceable civil liberties, including equality before the law (Article 14), prohibition of discrimination (Article 15), freedom of speech and expression (Article 19), protection of life and personal liberty (Article 21), and constitutional remedies (Article 32).
• Part IV (Directive Principles of State Policy): Articles 36 to 51 guide state policy toward social justice, human conditions of work, equal pay for equal work, and public assistance in cases of disablement.
• Writ Jurisdiction: Article 32 empowers the Supreme Court and Article 226 empowers High Courts to issue writs including Habeas Corpus, Mandamus, Prohibition, Quo-Warranto, and Certiorari for enforcing rights.

Major Human Rights Statutes

• Protection of Human Rights Act (PHRA), 1993: Enacted to establish national and state human rights commissions and human rights courts for speedy trials of offenses arising out of rights violations.
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Criminalizes atrocities against SC and ST members, sets up special courts, and provides relief and rehabilitation to victims.
• Protection of Women from Domestic Violence Act, 2005: Provides civil law protection to women against physical, sexual, verbal, emotional, and economic abuse within shared households.
• Protection of Children from Sexual Offences (POCSO) Act, 2012: Gender-neutral legislation designed to protect children under 18 years from sexual assault, harassment, and pornography, establishing special fast-track courts.
• Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Makes it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, establishing dedicated maintenance tribunals.
• Right to Information (RTI) Act, 2005: Empowers citizens to demand transparency and accountability from public authorities, serving as a vital tool for exposing rights violations.

The Protection of Human Rights Act, 1993 and 2019 Amendments

Structure and Functions of the National Human Rights Commission (NHRC)

• Establishment: Constituted on October 12, 1993, as an autonomous statutory body headquartered in New Delhi.
• Composition: Consists of a Chairperson who has been a Chief Justice of India or a Judge of the Supreme Court, along with ex-officio and full-time members.
• Inquiry Powers: Possesses powers of a civil court under the Code of Civil Procedure, 1908, while investigating complaints of human rights violations or negligence by public servants.
• Limitation Period: Cannot inquire into any matter after the expiry of one year from the date on which the act constituting a violation of human rights occurred.
• Recommendatory Nature: Recommendations are advisory; the government must inform the commission of action taken within one month.

Changes Introduced by the Protection of Human Rights (Amendment) Act, 2019

Statutory Commissions Safeguarding Specific Vulnerable Groups

National Commission for Women (NCW)

• Established as a statutory body in January 1992 under the National Commission for Women Act, 1990.
• Reviews constitutional and legal safeguards for women, recommends remedial legislative measures, facilitates redressal of grievances, and advises government on policy matters affecting women.

National Commission for Protection of Child Rights (NCPCR)

• Set up in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act, 2005.
• Oversees the implementation of the POCSO Act, 2012, and the Right to Free and Compulsory Education (RTE) Act, 2009.

National Commission for Minorities (NCM)

• Established as a statutory body under the National Commission for Minorities Act, 1992.
• Evaluates the progress of development of six notified minority communities: Muslims, Christians, Sikhs, Buddhists, Parsis, and Jains (notified in 2014).

Comparison of Primary National Human Rights Bodies

Key Facts and Trivia for Exam Preparation

• First NHRC Chairperson: Justice Ranganath Misra served as the inaugural Chairperson of the National Human Rights Commission in 1993.
• Paris Principles: The establishment and structure of the NHRC conform to the Paris Principles adopted at the first international workshop on national institutions for the promotion and protection of human rights in 1991.
• Civil Court Powers: The NHRC can summon witnesses, examine documents, receive evidence on affidavits, and requisition public records under Section 13 of PHRA, 1993.
• Human Rights Courts: Section 30 of the PHRA empowers State Governments, with the concurrence of the High Court Chief Justice, to specify a Court of Session in each district as a Human Rights Court.
• Armed Forces Special Procedure: Under Section 19 of the PHRA, the NHRC follows a restricted procedure regarding human rights violations by armed forces, seeking reports directly from the Central Government and issuing recommendations based on those reports.
• Notified Minorities Count: The Government of India recognizes six religious communities as national minorities under Section 2(c) of the NCM Act, 1992: Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), and Jains.
• State Human Rights Commission (SHRC): Chapter V of PHRA provides for creating SHRCs; an SHRC can inquire into violations only in matters covered under List II (State List) and List III (Concurrent List) of the Seventh Schedule.
• International Human Rights Day: Commemorated globally on December 10 to mark the adoption of the Universal Declaration of Human Rights by the UN General Assembly in 1948.