DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY, LUCKNOW

SESSION 2019-20

SUBJECT: HUMAN RIGHTS LAW

FINAL DRAFT

ON

HUMAN RIGHTS COURTS IN INDIA

Submitted to: Submitted by:

Dr. Aparna Singh Digvijay Singh

Assistant Professor (Law) BA.LLB(Hons) 7th Sem

Enrollment No.- 160101064

ACKNOWLEDGEMENT

I owe a great many thanks to a great many people who helped and supported me during the
completion of this project.

My deepest thanks to Professor Dr. Aparna Singh the guide of the project for guiding and
correcting various documents of mine with attention and care. He has taken pain to go through
the project and make necessary correction as and when needed.

I would like to thank Dr. Ram Manohar Lohiya National Law University for giving me this
opportunity to work on this project. .

Lastly, I thank my friends for their support, for their help in collecting the material and for
critically going through the project and correcting the mistakes, without whom the project would
have been a distant reality.

I also extend my heartfelt thanks to my family for supporting and guiding me.
INTRODUCTION

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.