Introduction
The Protection of Human Rights Act, 1993 is a landmark law in India that aims to protect and promote basic human rights. These rights include life, liberty, equality, and dignity of every individual. The Act came into force to give legal backing to these fundamental freedoms and to create independent bodies to monitor their enforcement. It was enacted in response to growing concerns about human rights violations and the need for an institutional framework to address them. The Act provides for the formation of the National Human Rights Commission (NHRC) and State Human Rights Commissions. These commissions have the authority to investigate complaints, recommend action, and promote human rights awareness.
The Act also defines important terms like human rights, armed forces, public servant, and more to ensure effective implementation. By aligning with international covenants like the ICCPR and ICESCR, this Act brings India’s commitment to global human rights standards into its legal system.
What Is The Preamble of the Protection of Human Rights Act, 1993
The Protection of Human Rights Act, 1993, aims to protect and promote human rights in India. It defines “human rights” as the rights related to life, liberty, equality, and dignity of individuals. These rights must be guaranteed by the Constitution or recognized under international covenants and must be enforceable by Indian courts. The National Human Rights Commission (NHRC) and State Human Rights Commissions reflect India’s commitment to safeguard these fundamental rights.
What Are The Definitions Under the Protection of Human Rights Act, 1993
The Protection of Human Rights Act, 1993 defines key terms to ensure clarity in its implementation. The term “armed forces” includes the naval, military, air forces, and any other armed forces of the Union. A “Chairperson” refers to the head of the National or State Human Rights Commission. The “Chief Commissioner” is the official appointed for Persons with Disabilities under the 2016 Act. The “Commission” means the National Human Rights Commission formed under Section 3 of the Act.
A “Human Rights Court” is a special court designated under Section 30 to handle human rights violations. “International Covenants” refer to treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), along with any other UN conventions specified by the Central Government. A “Member” refers to a person appointed to the National or State Commission. The Act also defines bodies like the National Commission for Backward Classes, National Commission for Minorities, National Commission for Protection of Child Rights, National Commission for Scheduled Castes, Scheduled Tribes, and Women, each established under their respective Acts.
The term “notification” refers to any official announcement in the Gazette, while “prescribed” means specified by rules under this Act. A “public servant” holds the same meaning as in Section 21 of the Indian Penal Code. The “State Commission” refers to a Human Rights Commission established at the state level under Section 21. For Jammu and Kashmir, any reference to a law not applicable there is interpreted as a reference to a similar law in force within the state.
Conclusion
The Protection of Human Rights Act, 1993 plays a vital role in upholding justice and fairness in India. It empowers individuals to seek redress for violations and ensures that authorities remain accountable. Through the NHRC and State Commissions, the Act strengthens the machinery for human rights enforcement. It not only protects constitutional rights but also integrates international human rights norms into national law. By defining key institutions and procedures, the Act ensures transparency, accessibility, and prompt action. Overall, it reflects India’s dedication to building a society where dignity, equality, and freedom are protected for all.
