Here is a detailed note on the enforcement mechanisms adopted by India for the protection
of human rights under the Protection of Human Rights Act, 1993, along with discussion:
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Protection of Human Rights Act, 1993: Enforcement Mechanisms in India
Introduction
The Protection of Human Rights Act, 1993 (PHRA) was enacted by the Indian Parliament to
provide for the constitution of National Human Rights Commission (NHRC), State Human
Rights Commissions (SHRCs), and Human Rights Courts. The Act aims to effectively protect
and promote human rights in India, which include the rights relating to life, liberty, equality,
and dignity as guaranteed by the Constitution or embodied in international covenants.
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1. National Human Rights Commission (NHRC)
Establishment
Constituted under Section 3 of PHRA, 1993.
Autonomous and statutory body at the national level.
Composition
Chairperson: Former Chief Justice of India.
Members: Judges of the Supreme Court and High Courts, and experts in human rights.
Functions (Section 12)
Inquire into human rights violations on its own or upon petitions.
Intervene in any proceeding involving human rights in courts.
Visit jails or detention centers to review the conditions of inmates.
Review factors that inhibit human rights.
Promote research and awareness through education campaigns.
Encourage efforts of NGOs and institutions working in human rights.
Powers
Has powers of a civil court under the Civil Procedure Code.
Can summon witnesses, require documents, and visit institutions.
Recommends relief, prosecution, or other action to the government.
Limitations
Recommendatory nature: Its findings are not binding.
Can only take up cases within one year of the alleged violation.
Cannot act against armed forces directly, only submit reports.
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2. State Human Rights Commissions (SHRCs)
Establishment
Established under Section 21 of PHRA by respective state governments.
Composition
Chairperson: Retired Chief Justice of High Court.
Members: Retired judges and persons with knowledge of human rights.
Functions (Section 29)
Similar to NHRC but limited to matters relating to the State list and Concurrent list.
Enquire into complaints, recommend actions, promote awareness at the state level.
Limitations
Lack of resources and infrastructure.
Many states have not constituted SHRCs.
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3. Human Rights Courts (Section 30)
Establishment
State Governments, with the concurrence of the Chief Justice of the High Court, designate a
Sessions Court as a Human Rights Court in each district.
Purpose
To ensure speedy trial of offences related to human rights violations.
Special Public Prosecutors
Appointed under Section 31 to conduct cases in Human Rights Courts.
Challenges
Not all states have established Human Rights Courts.
Low awareness and utilization.
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4. Role of Judiciary in Enforcement
Although not part of PHRA directly, Indian judiciary plays a key role in human rights
protection:
Public Interest Litigations (PILs) have been a crucial tool in bringing human rights cases
before the courts.
Judiciary has enforced rights under Articles 14, 19, 21 and 32 of the Constitution.
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5. Role of NGOs and Civil Society
The PHRA acknowledges the role of non-governmental organizations and encourages them
to participate in human rights awareness and protection.
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6. Reporting and Monitoring Mechanisms
NHRC and SHRCs submit annual reports to the Central and State Governments
respectively.
Governments must lay these reports before Parliament or State Legislature with action taken
reports.
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Significant Case Laws
1. D.K. Basu v. State of West Bengal (1997)
Supreme Court laid down guidelines for arrest and detention to prevent custodial torture and
deaths.
NHRC actively followed up with states for compliance.
2. People's Union for Democratic Rights v. Union of India (1982)
Emphasized on the enforcement of socio-economic rights through PILs.
3. Nilabati Behera v. State of Orissa (1993)
Compensation granted by the Court for custodial death.
Established the principle of state liability for human rights violations.
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Conclusion
The Protection of Human Rights Act, 1993 lays a comprehensive framework for the
enforcement and promotion of human rights in India through NHRC, SHRCs, and Human
Rights Courts. While the mechanisms are robust on paper, their efficacy depends largely on
institutional strength, political will, proper implementation, and public awareness. Reforms
like making NHRC’s recommendations binding and strengthening SHRCs can ensure a
more impactful enforcement of human rights in India.
