Meaning
The Protection of Human Rights Act, 1993 is a law enacted to provide an institutional framework for the protection and promotion of human rights in India.
It led to the establishment of:
- National Human Rights Commission
- State Human Rights Commissions
- Human Rights Courts
Definition of Human Rights
The Act defines human rights as rights relating to:
- Life
- Liberty
- Equality
- Dignity of the individual
These rights must be either guaranteed by the Constitution or embodied in international covenants and enforceable by courts in India.
Background
The Act was passed in the early 1990s when there was growing concern about human rights violations such as custodial violence, police excesses, bonded labour, caste atrocities, insurgency-related abuses and prison conditions.
India also needed a formal human rights institution in line with global human rights standards.
The Act came into force on 28 September 1993.
National Human Rights Commission
The Act provides for the establishment of the NHRC at the national level.
The NHRC is responsible for protecting and promoting human rights across India.
It can inquire into violations by public servants or negligence by public servants in preventing such violations.
Composition of NHRC
The NHRC consists of:
- Chairperson
- Judicial members
- Expert members
- Ex-officio members from certain national commissions
After amendments, the Chairperson can be a former Chief Justice of India or a former Judge of the Supreme Court.
Appointment
The Chairperson and members of NHRC are appointed by the President of India.
They are appointed on the recommendation of a committee consisting of:
- Prime Minister
- Speaker of Lok Sabha
- Union Home Minister
- Leader of Opposition in Lok Sabha
- Leader of Opposition in Rajya Sabha
- Deputy Chairman of Rajya Sabha
Tenure
The Chairperson and members hold office for three years or until they attain the age of 70 years, whichever is earlier.
They may be eligible for reappointment as per the provisions of the Act.
Main Functions
The Act gives NHRC several functions:
- Inquire into human rights violations
- Take suo motu cognisance of serious violations
- Intervene in court proceedings involving human rights issues
- Visit jails and detention centres
- Review constitutional and legal safeguards
- Study factors preventing human rights protection
- Promote human rights awareness
- Encourage NGOs working in human rights
- Undertake research and publication
- Recommend compensation or corrective action
Powers of NHRC
While conducting inquiries, the NHRC has powers similar to a civil court.
It can:
- Summon witnesses
- Require production of documents
- Receive evidence on affidavits
- Call for public records
- Examine witnesses
- Conduct inquiries
- Seek reports from governments and authorities
However, its recommendations are advisory, not binding.
State Human Rights Commissions
The Act also provides for State Human Rights Commissions.
These commissions deal with human rights issues within the respective states.
They can inquire into matters related to subjects in the State List and Concurrent List.
State Human Rights Commissions are important because many human rights violations occur at the local administrative level.
Human Rights Courts
The Act provides for the establishment of Human Rights Courts in districts.
These courts are meant to provide speedy trial of offences arising out of human rights violations.
However, in practice, Human Rights Courts have not been very effective due to limited notification, weak awareness and procedural issues.
Jurisdiction
The Act mainly covers violations committed by public servants or negligence by public servants in preventing violations.
Common matters include:
- Custodial deaths
- Police torture
- Fake encounters
- Prison conditions
- Bonded labour
- Child labour
- Manual scavenging
- Atrocities against vulnerable groups
- Trafficking
- Displacement and rehabilitation
- Rights of elderly, women, children and disabled persons
Armed Forces Limitation
The Act gives limited powers to NHRC in cases involving armed forces.
In such cases, NHRC generally asks for a report from the central government and may make recommendations.
It does not have the same direct investigative powers as in ordinary cases.
This is one of the most criticised limitations of the Act.
One-Year Limitation
NHRC cannot normally inquire into complaints if the matter is more than one year old.
This limits access to justice in cases where victims approach the Commission late due to fear, poverty, lack of awareness or administrative barriers.
Amendments
The Act has been amended over time.
The 2019 amendment made important changes, including:
- Former Supreme Court judge can become NHRC Chairperson
- Reduced tenure from five years to three years
- Increased inclusion of ex-officio members
- Allowed reappointment
- Strengthened representation in commissions
The amendment aimed to make appointments easier and improve institutional functioning, though critics argued that it did not fully solve concerns regarding independence and enforcement.
Importance
The Act is important because it created a formal human rights protection mechanism in India.
Its significance includes:
- Institutional protection of human rights
- Forum for citizens to complain
- Monitoring of state action
- Focus on custodial violence and prison reform
- Protection of vulnerable groups
- Human rights awareness
- Link between constitutional rights and international human rights norms
Limitations
The Act has several limitations:
- NHRC recommendations are not binding
- Limited power in armed forces cases
- One-year limitation period
- Dependence on government agencies for investigation
- Delay in disposal of complaints
- Weak enforcement of compensation recommendations
- Limited grassroots accessibility
- State commissions often face vacancies and resource shortages
Conclusion
The Protection of Human Rights Act, 1993 is a key law for institutionalising human rights protection in India.
It created the NHRC, State Human Rights Commissions and Human Rights Courts.
However, its effectiveness is limited by advisory powers, dependence on government machinery and restricted jurisdiction in certain cases. For stronger human rights protection, the institutions created under the Act need more autonomy, enforcement power and investigative capacity.
