HUMAN RIGHTS COURT IN INDIA
09, Jul 2019
Prelims level : Polity Governance- Judiciary P5 Mains level : Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal Associations and their role in the Polity
- Context- SC asks why the delay in setting up Human rights courts
- Protection of Human Rights Act, 1993 as stated in the preamble of the Act, is the establishment of human rights courts at district level.
- The creation of Human Rights Courts at the district level has a great potential to protect and realize human rights at the grassroots.
- purpose of providing speedy trial of offences arising out of violation of human rights.
How it will Establish Court
- Section 30 of the Act envisages that a 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 the said offences.
Special Public Prosecutor:
- Section 31 of the Act provides the State government to specify and appoint a special public prosecutor in that court.
- The Act refers to the offences arising out of violations of human rights.
- But it does not define or explain the meaning of “offences arising out of violations of human rights”. It is vague.
- The Act dose not give any clear indication or clarification as to what type of offences actually are to be tried by the Human Rights Courts.
The Problem is who can take cognizance of the offences.
- What the Act says is in each district, one Sessions Court has to be specified for trying “offences arising out of human rights violation”.
- It is silent about taking of cognizance of the offence
- The object of establishment of such Courts at district level is to ensure speedy disposal of cases relating to offences arising out of violation of human rights. Unless the lawmakers take note of the above anomalies and remove them by proper amendments the aim for which provisions are made for establishment of special courts will not be achieved.