Importance Of Human Rights Act

THE EVER AGGRANDIZING VISTA OF HUMAN RIGHTS ACT IN INDIA

INTRODUCTION

Human rights are two simple words when read separately but when taken together constitute a formidable combination that constitutes the very foundation of our existence. The international community has always known the importance of Human Rights implementation at national level and the UN only reinforced the same in 1946. Later, the Paris principles were adopted in 1992 which were the focal point for development of National Human Rights Commission all over the world with important areas being: autonomy and responsibility, composition and methods of operation and competence to settle individual complaints. Initially, the Indian government was not too keen on establishing

The creation of Human Rights Courts at the district level has a great potential to protect and realize human rights at the grassroots. Further it also provides for speedy trial of offences arising out of violation of human rights. It ensures that the state Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Sessions to be a Human Rights Court to try various human rights

Some of the cases taken up by the NHRC have proven its effective functioning and enforcement to establish a balance in the society. Like, in the case of the Gujarat riots, where suo-moto cognisance of the matter was taken on the basis of media reports. The commission had in actual approached the Supreme Court on behalf of the victims. Then again in the Punjab mass cremation case, the commission found grave violation of rules of cremation on unidentified bodies in turn violating the dignity of the dead. On persistence shown by the commission the Supreme Court found the state guilty. Besides this the NHRC has also been successful in protecting other human rights like prevention of starvation deaths violating right to food, extra-judicial killings amounting to unjustified and unprovoked murders, death due to inhaling polluted air etc.

Sometimes, depending on the seriousness of the complaint, the NHRC has the power to issue directions. In other cases, it can directly approach the courts and register a criminal case against the guilty. The NHRC has further issued directions on encounter deaths and also comprehensive guidelines on pre-arrest, arrest and post arrest after the D.K Basu