Human rights courts in India: A critical evaluation

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Human rights courts in India

In today’s arena, human rights violations are very common to see, to hear and therefore the awareness among individuals pertaining with their rights which are humanly recognized has emerged as a potential discourse as far as development among the citizens are concerned. And thus, it also on the other hand becomes very responsive role of Judiciary that it should come into the action and perform its supportive role for pronouncement up of the judgments regarding human rights into reality.

The strengthening of the judiciary is much required in context with human rights as it would be accustomed to be the part of the Constitutional remedy which would provide progressive efforts in the fields to evolve for the subject like human rights which is protected by the law of the land i.e. The Constitution of India. In regards to this in Section 30 of the Human Rights Protection Act 1993, which enumerates us about the establishments of the human rights courts but the offences arising out of the human rights violations have not been enumerates under the Act.

It has been deduced that the states where the human rights courts are established, made them functional. What is really happening is that issues which are getting occurred due to gross human rights violations are mostly getting punished under the criminal courts as considering the penal offence. Now the things which should be taken into the account is that the offences which are prescribed under the criminal law, must move towards the criminal courts and the offences not mentioned under the law of crimes should be given a place under the human rights courts as they too constitute the gross violations of the human rights arena.

It becomes very necessitate that the article 32(3) of the Constitution can be looked upon in regards with the enforcement of the human rights by the judiciary or the functioning of the human rights courts in India, as it imparts that the Parliament by law, can empower any other Courts except the Supreme Court, to exercise with the local limits of the jurisdiction or any other power which has been exercisable even by the Supreme Court, thus the section of Constitutional remedy under the constitution of the India for securing the rights, becomes very indispensable and which shall be known by each and every citizens of the India.

By this means, it would be possible to the other courts except the Supreme Court of India, for providing with the remedies which are themselves engrossed with the gross human rights violation have been taken place which will protect the sufferer from getting violated his fundamental right as well as the rights which has been inclusive of the Universal Declaration of Human Rights, of which the India is signatory.

The several rights which are not been mentions specifically by the Constitution of the India but has been proliferated under the wide ambit of the Article 21 of the Constitution which enunciates us with many of the rights which includes as Right to health, Right to food, Right to shelter, Right to live in a healthy environment, Right to Livelihood, Right of Education, Right to privacy, Right against Solitary confinement, speedy trial, legal aid and many more can be classifies as those right which shall be enforced by the Human Rights Courts.

And for the great purpose as well as objective to be getting accomplished, India is in need of extraordinary as well as having wide ambit for practicing or issuing the cases of violations of the human rights in the Human Rights Courts, to provide for the bilateral as well as smooth functioning of the system of justice in India.

From the several objectives specified in the Act of Protection of Human Rights, 1993, one of the specifically talks about as mentioned in the preamble is in regards with the establishment up of Human Rights Courts at the District Level, as from the base line as well as each and every court will be having its jurisdiction to work upon, thus providing with the great caliber for the protection up of the Human Rights.

The object so mentioned in the preamble of this act for the building up of the courts at the district level to ensue for the speedy function of the cases where the matter is being in relation of the suffering of human rights violations and gets its decision without being getting delayed in any form.

Human courts in India

As been prescribed under the Act of the Protection of Human Rights Act, 1993 (Chapter 6, Section 30) says that for the purpose of providing speedy trial to the cases involving Human Rights issues, the State Government may, with the concurrence of the Chief Justice of India of the High Court, and specifying in each district a court of session or it can be said a Human Rights Court to try the cases pertaining to the field of only and only Human rights.

Special public prosecutor for the Human Rights courts

The Protection of Human Rights Act 1993, section 31- emphasis upon for the appointment of the Special Prosecutor for the Human Rights Court to be appointed by the State Government, who would be acting as an advocate who have been in the practice for not less than 7 years.

Such Courts have been established in many states which are inclusive of Andhra Pradesh, Tamil Nadu, Sikkim, Uttar Pradesh and Assam. Madras and Guwahati are getting into the process to be done in regards of the same.

Human Rights Court, when gets established will surely be having the status of a Court to adjudicate the justice for the Human Rights issues, and thus would be different body from the Human Rights Commission whether National or the State level, as the work which Court plays is differentiated from the Human Rights Commission. 

Active role of judiciary

Everyone reading this article, would be satisfied by knowing that in India, every Legal Right would be considered as Human Right, as meant for their own interests of protection and somewhere or the other for the promotion, but each and every right, which should be humanly recognized have not been still tagged with the assistance of Legal Right.

It is very well known by everyone that Law takes steady and gradual time period to evolve itself and coming up with its perfect version, as well as it should also be noted that Law follows a sequence or a consequence to be get evolved as well as for more of its proper interpretation it requires full proof measures as well as arguments put forth for its evolved form to get enforced.

Hence, it should be understood that because of the above mentioned principle, it may not always be possible to implement of codify all the requisite or the probable laws to get formulated or anticipated in the manner for the protection up of the Human Rights, and thus the role of our Indian Judiciary comes into the existence when it is enumerated about the principles of natural justice as due process of Law will govern and adjudicate for the protection and promotion of the rights of the people when they have suffered violations of the their rights and when to protect it no legislation has been framed, Thus Judiciary in this way don’t let anybody’s rights get infringed, rather protects them taking the issuance of the principles of natural justice.

Thus, it becomes a very implicit fact that rights which are humanely recognized makes up the base for any legislation to get framed in the country like India, as it becomes the duty of Judiciary or more specifically the Judges to understand the issues and provide for the enforcement of the rights for the well – being of the society.

Extraordinary role of district judiciary

The District Judiciary provides for an effective role in adjudicating the Justice, as it would be a very big and huge responsibility for the Human Rights Courts for protecting up of the Rights which either by guaranteed by the Constitution of India or by any other specific statute incorporated by the India.

Matters for the entertaining up of the application and its interpretation of the clauses like of Article 14, 19, 21 of the Constitution of India, in such cases would be looked up by the District Judicial Officer.

The point which is needed here to be understood that these Human Rights issues if got separated will be providing effectiveness in the working procedural functioning to the Courts as well as by adjudicating the cases of Human Rights provide for the great potential to solve as many as cases of the Human Rights in India.

It should be worthily be noted that the West Bengal State Government becomes the first state Government to establish the Human Rights Courts in all of its nineteen districts of the whole of the State, dated 9th September, 2011 for solving up the issues pertaining with the Human Rights Violations.

The courts are functioning under the aegis of the District Courts which are preceded by the District Sessions Judge. Even in this context, in West Bengal special public prosecutors are too being appointed as mentioned under the guidelines of the section 31of the protection of Human Rights Act 1993.

Thus, taking examples of such established principles, each and every state should recognize the importance for setting up of the Human Rights Courts which will indeed work very efficiently for the protection and promotion of the Human Rights based violation issue and trying up for the speedy trial for the concern to the Human Rights which are being put up or taken from the vulnerable.

Frequently Asked Questions

 1) How judiciary can strengthen its role in the field of Human Rights?

The strengthening of the judiciary is much required in context with human rights as it would be accustomed to be the part of the Constitutional remedy which would provide progressive efforts in the fields to evolve for the subject like human rights which is protected by the law of the land i.e. The Constitution of India.

2) What is making Human Rights Court mere functional but not practical applicable as a whole?

The issues which are getting occurred due to gross human rights violations are mostly getting punished under the criminal courts as considering the penal offence. Now the things which should be taken into the account is that the offences which are prescribed under the criminal law, must move towards the criminal courts and the offences not mentioned under the law of crimes should be given a place under the human rights courts as they too constitutes the gross violations of the human rights arena.

3) What specifically the Protection of Human Rights Act, 1993 in context with the objective of preamble enumerates about?

From the several objectives specified in the Act of Protection of Human Rights, 1993, one of the specifically talks about as mentioned in the preamble is in regards with the establishment up of Human Rights Courts at the District Level, as from the base line as well as each and every court will be having its jurisdiction to work upon, thus providing with the great caliber for the protection up of the Human Rights.

4) How Judiciary can provide for the adjudicating the case of Human Rights, when no legislation been framed in that regard which is being involve in a particular case?

It may not always be possible to implement of codify all the requisite or the probable laws to get formulated or anticipated in the manner for the protection up of the Human Rights, and thus the role of our Indian Judiciary comes into the existence when it is enumerated about the principles of natural justice as due process of Law will govern and adjudicate for the protection and promotion of the rights of the people when they have suffered violations of the their rights and when to protect it no legislation has been framed, Thus Judiciary in this way don’t let anybody’s rights get infringed, rather protects them taking the issuance of the principles of natural justice.

 5) How District Judiciary can pave its way and how can they adjudicate matters in relation with the Human Right Violations?

Matters for the entertaining up of the application and its interpretation of the clauses like of Article 14, 19, 21 of the Constitution of India, in such cases would be looked up by the District Judicial Officer. Hence, it has got much of its importance and surely will provide for speedy justice against the cases involving human rights violations.

Edited by Chiranjeeb Prateek Mohanty
Quality check – Ankita Jha
Approved & Published – Sakshi Raje