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Human Rights Law Assignment

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HUMAN RIGHTS LAW ASSIGNMENT

Parvathy S.L
1511

The protection of human rights is a fundamental aspect of a democratic and just society. The
following are some salient features of the protection of human rights:

1. Universality: Human rights are universal and apply to every individual, regardless of
race, gender, religion, nationality, or any other status.

2. Inalienability: Human rights cannot be taken away or surrendered, nor can they be
transferred to another person.

3. Interdependence and indivisibility: All human rights are interdependent and


indivisible. The enjoyment of one right often depends on the enjoyment of others.

4. Equality and non-discrimination: Every person is entitled to equal rights and


protection against discrimination. Discrimination based on race, gender, religion, or
any other status is prohibited.

5. Rule of law and accountability: The protection of human rights requires the rule of
law, including an effective and independent judiciary, and the accountability of all
persons and entities responsible for human rights violations.

6. Participation and empowerment: The protection of human rights requires the active
participation and empowerment of individuals and civil society organizations in the
promotion and protection of human rights.

7. Human dignity: Human rights are founded on the inherent dignity of every human
being and respect for this dignity is essential to the protection of human rights.

8. Access to remedies: Victims of human rights violations have the right to access
effective remedies, including judicial remedies and reparations, for harm suffered as a
result of such violations.
9. Progressive realization: The protection of human rights requires the progressive
realization of economic, social, and cultural rights, as well as civil and political rights,
through international cooperation and assistance.

These features are essential for the effective protection of human rights and the promotion of
a just and democratic society.

The Protection of Human Rights Act (PHRA) was enacted in India in 1993 with the objective
of providing for the constitution of a National Human Rights Commission, State Human
Rights Commissions, as well as Human Rights Courts for better protection and promotion of
human rights in the country. Here are some of the salient features of the Act:

1. Establishment of National Human Rights Commission (NHRC): The Act provides for
the constitution of a National Human Rights Commission, which is responsible for the
protection and promotion of human rights across the country.

2. Establishment of State Human Rights Commissions (SHRCs): The Act also provides
for the establishment of State Human Rights Commissions in each state, which are
responsible for the protection and promotion of human rights at the state level.

3. Human Rights Courts: The Act establishes special Human Rights Courts to deal with
violations of human rights cases in a speedy manner.

4. Powers and functions of the NHRC: The NHRC has the power to investigate and
inquire into any violation of human rights and to recommend remedial measures. It
can also intervene in any court proceeding where human rights violations are alleged.

5. Powers and functions of the SHRCs: The SHRCs have similar powers and functions
as the NHRC but are limited to their respective states.

6. Human Rights Education: The Act also emphasizes the need for human rights
education and the promotion of human rights awareness among the public.

7. Protection of Witnesses: The Act provides for the protection of witnesses and victims
of human rights violations.

8. Reports and recommendations: The NHRC and SHRCs are required to submit annual
reports to the government regarding their activities and recommendations for the
promotion and protection of human rights.
The National Human Rights Commission plays a significant role in the implementation of the
Protection of Human Rights Act. Its main functions include investigating complaints of
human rights violations, inquiring into matters related to human rights, promoting human
rights education, and recommending measures for the effective implementation of human
rights safeguards. The commission has the power to summon witnesses, inspect jails, and
recommend compensation for victims of human rights violations. Additionally, the NHRC
also has advisory functions and provides recommendations to the government for better
protection and promotion of human rights.

The Protection of Human Rights Act (PHRA) established the National Human Rights
Commission (NHRC) and State Human Rights Commissions (SHRCs) in India. The primary
function of these commissions is to promote and protect human rights in the country.

The following are some of the functions of the NHRC and SHRCs:

1. Investigating complaints: The NHRC and SHRCs investigate complaints related to the
violation of human rights. These complaints can be received from individuals, NGOs,
or any other source.

2. Inquiring into human rights violations: The commissions can also inquire into any
matter related to the violation of human rights, either suo-moto or on a complaint
received.

3. Promoting human rights education: The NHRC and SHRCs promote human rights
education by organizing seminars, workshops, and other programs aimed at raising
awareness and sensitizing people about human rights.

4. Recommending measures for the promotion of human rights: The commissions


recommend measures to the government for the effective implementation of human
rights safeguards.

5. Advising the government: The commissions also have an advisory role, and they
provide advice and recommendations to the government on matters related to the
promotion and protection of human rights.

6. Monitoring the implementation of laws and policies: The NHRC and SHRCs monitor
the implementation of laws and policies related to human rights and recommend
changes if necessary.
7. Conducting research: The commissions conduct research on various human rights
issues and publish reports to create awareness among the public.

8. Providing relief to victims: The NHRC and SHRCs have the power to recommend
compensation or relief to the victims of human rights violations.

In summary, the NHRC and SHRCs established under the PHRA are instrumental in
promoting and protecting human rights in India. They investigate complaints related to
human rights violations, inquire into human rights violations, promote human rights
education, recommend measures for the promotion of human rights, advise the government
on human rights matters, monitor the implementation of laws and policies related to human
rights, conduct research, and provide relief to victims of human rights violations.

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