Court : Guwahati
..... the petitioner, submitted that the preamble of the protection of human rights act, 1993, (hereinafter referred to as 'the act, 1993'), makes it clear that the act, 1993, has been made for the constitution of a national human rights commission, state human rights commissions in states and human rights courts for better protection of human rights and for matter connected therewith or incidental thereto ..... . he referred to section 3 of the act, 1993, ..... to show that the provision has been made in sub-section (5) thereof for establishing offices of the national human rights ..... along with a true copy of this judgment for specifying for each district the court of sessions as human rights courts in accordance with section 30 of the act, 1993. steps for complying with the directions to respondent-1 and respondent-3 in this judgment be initiated .....Tag this Judgment!
Court : Allahabad
Reported in : 2000(1)AWC663
..... unanimous on their opinion that in a matter which has now surfaced with such magnitude, it would be the fittest step that it be referred to the national human rights commission under the protection of human rights act, 1993. the court has accepted the contention made unanimously at the bar.2. the origin of these proceedings rest on a media report highlighted in the time magazine, asia ..... . the state must have a will to present this solution and execute it.20. this matter needs to be further investigated, the like of which has been provided in the protection of human rights act, 1993, and specially provided for under section 14. the matter has ceased to be an individual case as prima facie it has been accepted by learned advocate general, u. p ..... gave rise to these proceedings) had been restored possession of his land as a result of these proceedings. it was submitted, even, he can institute a complaint before the national human rights commission until such time he had remained dispossessed as from the last date of his dispossession. one year hence he may present a complaint. the contention at the bar, whether ..... poverty, their agricultural holdings are the only source of livelihood. deprivation of this source of livelihood, and the manner in which it has taken place is a matter which concerns human rights. for any person who has been kicked out and off his agricultural land, the matter affects life and liberty, both. deprivation of the source of livelihood is now well recognised .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT2005(1)SC283; (2005)2SCC436; (2005)2UPLBEC1249
..... short the act). its composition is provided for in section 3(2) of the act. the question for consideration in this petition is about the interpretation of section 3(2)(d), which stipulates that the commission ..... the protection and promotion of human rights. the credibility of such an institution depends upon a high degree of public confidence. in the present case, the important question that has been raised is whether a former member of the police force is eligible to become a member of nhrc. 2. nhrc has been set up under provisions of the protection of human rights act, 1993 (for ..... shall consist of two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights. the ..... eligible to be a member of such a body and it is clear from the provisions of the act, its scheme as also from the very concept which gave birth to protection of human rights. 5. the act has been enacted to provide for better protection of human rights and for matters connected therewith or incidental thereto. the statement of objects and reasons notes that the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC2419; 119(2005)DLT401(SC); JT2005(5)SC28; (2005)5SCC363; 2005(2)LC993(SC)
..... , the appointment of a person who served in the police force as a member of the n.h.r.c. is contrary to the provisions of the protection of human rights act, 1993, (the act), apart from being opposed to the very aims and objects for which the said commission was constituted. the petitioner urges that such appointment would underline the status ..... and international recognition of the commission as an institution for protection of human rights. it is also urged that the appointment of the second respondent is also opposed to the ..... principles'. according to the petitioner, these principles were subsequently endorsed by the u.n. commission of human rights and the u.n. general assembly. the petitioner further contends that the u.n. resolution dated 19.12.1993 concerning national institutions for protection of human rights, the compliance of the paris principles has become mandatory and since the paris principles prohibited the appointment ..... by the learned solicitor general appearing for the union of india that the petition does not make any personal allegation against the second respondent as to any act of violation of human rights either by him personally or as being party to such violation. it is also submitted that the second respondent as the vice-president (asia) interpol has .....Tag this Judgment!
Court : Karnataka
..... is without any basis and requires to be set aside.19. further he contended by virtue of the power conferred under section 13 of the protection of human rights act, 1993, the commission has constituted the panel. section 16 of the act provides for conducting an enquiry. if the commission wants to consider it necessary to enquire into the conduct of any person or is of ..... contention that he is not an aggrieved person is also without any substance.29. the panel report clearly shows the task force headed by the third respondent indulged in human rights violation, committed the acts of torture and thus the allegation of atrocities against the task force is held to be proved. even the role of he third respondent is also specifically referred ..... set out as under:52. the tribals and others, who deposed about torture by the stf, have named 38 stf personnel as responsible for the torture and connected acts in gross violation of their human rights. all the accused personnel also tendered evidence before the panel. 13 among them belong to tamil nadu police and the rest are from karnataka police. they include ..... case, as to any other.likewise, the commission has consistently taken the view that when acts of public servants, including those of the security forces, have resulted in the violation of the human rights of innocent citizens of the country, and not least of its most vulnerable sections, these acts must be scrupulously enquired into; further, when the results of enquiry so require, it .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1996(4)ALT554
..... act means 'the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the ..... and also the dynamic interpretation given to right to life and its sweep. however, with a view to better protect the human rights and keeping in view the social realities and emerging trends of nature of crime and violence, the parliament enacted act 10 of 1994, the protection of human rights act, 1993, constituting national and state human rights commissions to deal with human rights violation. the expression 'human rights' under section 2(d) of the ..... been incorporated in the constitutional document, but also further affirmed in the recent enactment i.e., the protection of human rights act, 1993 (no.10 of 1994). thus, the human rights have achieved great and important values. not only constitutional protection is extended, but also statutory protection is now available under the act.24. therefore, the question that arises for consideration is the relief that can be granted to the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2004SC1272; 2004(1)ALD(Cri)291; 2004(1)AWC516(SC); 97(2004)CLT790(SC); [2004(2)JCR129(SC)]; 2003(10)SCALE60; (2004)2SCC579; 2004(1)LC746(SC)
..... a continuing wrong unless due reparation is made. it gives rise to recurring cause of action till redressal of the grievance. the protection of human rights act, 1993 has been enacted with the object of providing better protection of human rights and it cannot be assumed that the mere lapse of a certain period would be sufficient to render the violation immune from the remedy of redressal of ..... .13. the three legal objections raised by the cbi officials were over-ruled by the commission. firstly, it was held that by virtue of section 13 of the protection of human rights act, 1993, the power of review conferred on the civil court was available to the commission. as the earlier order was not a decision on merits but merely an order abstaining from ..... be left without remedy if the commission does not take up the matter.15. now, let us look at section 36 of the protection of human rights act, which reads thus:36. matters not subject to jurisdiction of the commission - '(1) the commission shall not inquire into any matter which is pending before a state commission or any ..... the grievance.'14. we cannot endorse the view of the commission. the commission which is an 'unique expert body' is, no doubt, entrusted with a very important function of protecting the human rights, but, it is needless to point out that the commission has no unlimited jurisdiction nor does it exercise plenary powers in derogation of the statutory limitations. the commission, which is .....Tag this Judgment!
Court : Kerala
Reported in : 2008CriLJ4221; 2008(2)KLJ417; 2008(3)KLT346
..... petitioners/accused, function of the commission and its members will come within the proceedings of court of justice or of the result of any such proceedings. chapter iii of the protection of human rights act 1993 deals with functions and powers of the commission. section 12 further deals with functions of the commission. the relevant provisions of section 12 extracted herein:12. functions of the ..... languishing in mental sanatoriums as they are abandoned/accused, in view of sections 19 and 20 of the ipc and section 13 of the protection of human rights act, 1993, the alleged defamatory text and annexure a will come under the protective umbrella of exceptions 4, 8 and 9 of section 499 of i.p.c. the counsel further submitted that after the publication of annexure ..... 195 and chapter xxvi of the code of the cr.p.c. it is also relevant to note that section 21 in chapter v of the above act deals with the constitution of state human rights commissions. thus i am of the opinion that annexure a item of news is with regard to the visit of dr. s. balaraman who was one of ..... the court below, who expected to imbibe the above fundamental right given to the press and to protect the same, has failed to keep in mind the above constitutional safeguard given to press. here, annexure a report, a report regarding the visit of one of the members of the kerala state human rights commission in a mental hospital and certain particular facts connected with .....Tag this Judgment!
Court : Chennai
Reported in : (2002)1MLJ1
..... second respondent and is not removable from office by the state government and the second respondent performs his functions strictly in accordance with the provisions of the protection of human rights act, 1993, hereinafter referred to as the 'human rights act' with no obligations to obey any directions from the state government and as such, the constitutional bar under article 319(d) is inapplicable to the second respondent ..... the learned counsel for the petitioners in the light of the above ratio decidendi.7. the human rights act has been enacted to provide for better protection of human rights by constituting a national human rights commission as also slate human rights commissions and human rights courts. section 2(1)(d) of the act defines 'human rights' as the rights relating to life, liberty, quality, dignity of the individual, guaranteed by the constitution or embodied in ..... no relevance to the independent functions to be discharged under the consumer protection act, 1986.9. in view of what is slated supra, we hold that holding of office of a member of the state commission by the second respondent and discharging the functions attached thereto as mentioned in the human rights act, cannot be construed to be under the employment of the state government .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1997SC3011; 1997(2)ALD(Cri)604; 1997(5)ALT14(SC); 1998(1)BLJR228; 1997(3)Crimes188(SC); JT1997(7)SC384; RLW1997(3)SC373; 1997(5)SCALE453; (1997)6SCC241; Supp3SCR40
..... including legislation to ensure that the guidelines laid down by this order are also observed by the employers in private sector.12. these guidelines will not prejudice any rights available under the protection of human rights act, 1993.accordingly, we direct that the above guidelines and norms would be strictly observed in all work places for the preservation and enforcement of the ..... the law declared by this court under article 141 of the constitution.the guidelines and norms pre-scribed herein are as under:having regard to the definition of 'human rights' in section 2(d) of the protection of human rights act, 1993.taking note of the fact that the present civil and penal laws in india do not adequately provide for specific ..... protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time.it is necessary and expedient for employers in work places ..... behavior of the employers and all others at the work places to curb this social evil.10. gender equality includes protection from sexual harassment and right to work with dignity, which is a universally recognised basic human right. the common minimum requirement of this right has received global acceptance. the international conventions and norms are, therefore, of great significance in the formulation of .....Tag this Judgment!