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An Overview
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2.1 The National Human Rights Commission was established on 12th October,
1993 under the legislative mandate of the Protection of Human Rights Act, 1993.
2.2 Over the past eleven years the Commission has endeavoured to give a positive
meaning and a content to the objectives set out in the Protection of Human Rights
Act, 1993. It has moved vigorously and effectively to use the opportunities provided
to it by the Act to promote and protect human rights in the country. While undertaking
the tasks set out in the Protection of Human Rights Act, 1993, the Commission has
noticed several lacunae in the Act over the years. This has been mentioned in earlier
reports and it is emphasized, once again, that there is a need to review and amend the
Act for the proper and effective functioning of the Commission.
2.3 The Universal Declaration of Human Rights adopted by the General Assembly
on 10th December, 1948, was followed by two Covenants – International
Convention on Economic, Social and Cultural Rights (ICESCR) and International
Convention on Civil and Political Rights (ICCPR) in 1966. India signed both
these International Conventions in 1979.
2.4 The UN Committee on Economic, Social and Cultural Rights (CESCR) is
taking a robust attitude towards the practical implementation of these rights under
the ICESCR. This was recognized by the United Nations in 1986 when it
acknowledged the right to development as a human right. The right to development
as formulated in the 1986 U.N. Declaration is a synthesis of the two sets of rights.
2.5 In democratic societies fundamental human rights and freedoms are put under
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