Human rights are the rights that every human being is entitled to irrespective of caste, class, race, gender, color or any other aspect. These are claims against the State and it is the duty of the State to ensure their protection as well as promotion. The most basic human rights are protected by the State under the chapter of Fundamental Rights in Constitution of India. or abuse of any of these fundamental rights can be challenged in the Court(s) because they are enforceable by law. Article 32: Right to Constitutional Remedies is known to be the”heart and soul of the Constitution of India” for its remedial nature. There are 5 types of prerogative Writs to resolve issues arising out of human rights violations. Human rights have integrated into various laws over the years to safeguard dignity, equality, liberty, and justice for all.
The international community has time and again focused on strengthening the national human rights institutions for a better domestic mechanism. The United Nations had held a conference in 1991 in Paris to discuss the existence of human rights institutions in different countries and to chalk out the possibility of having a more structured approach while dealing with human rights violations. The conference came up with a set of principles on status and scope. These are commonly known as Paris Principles. In the wake of this, India enacted the Protection of Human Rights Act 1993. The Act ensures greater accountability and strengthens the domain of human rights in the country. Under the statute of the Act, National Human Rights Commission was established the same year. There are 23 State Human Rights Commission also set up under the Protection of Human Rights Act 1993 to address violations within the state. One of the main objectives of the Act was to set up Human Rights Courts at the district level to provide speedy trial for offenses that violate human rights. However, it specifies for Court of Sessions in each State to act as Human Rights Courts until the time a separate institution comes into the picture.
The Best lawyers in Chandigarh file writs, complaints, and grievances in cases of human rights violations.
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1277 OF 2014 (@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013) ARNESH KUMAR ….. APPELLANT VERSUS STATE OF BIHAR & ANR. …. RESPONDENTS J U D G M E N T Ch …Read Full Article..