EXPERIENCE OF THE WORKING OF THE PROTECTION OF HUMAN RIGHTS ACT. 1993
2.4 Implicit in the Statement of Object and Reasons therefore were the following ideas:
First, while the Constitution 'substantially protects' the range of human rights
covered by the two international human rights covenants mentioned in the Act, there
was need for the 'better protection' of these rights through the creation of additional
instrumentalities that would be complementary to those that already existed. These
new instrumentalities were to be the National Human Rights Commission, State
Human Rights Commissions and, at the district level, Human Rights Courts.
Second, the Statement clearly implied that a new era had begun, both within the
country and internationally, in which issues pertaining to human rights were of
'growing concern'. In other words the days were over when the walls of 'national
sovereignty' or the 'domestic jurisdiction of a State' could be used to protect those
responsible for the violation of human rights from the 'growing concern' and scrutiny
of those interested in the protection of such rights, whether they were within the
country or abroad. Likewise, with the adoption of the Act, it became impossible to
argue with any measure of credibility that, because certain forms of human rights
abuse or violations had long-persisted in the country — whether for societal,
behavioural or any other reason — these should continue to be acquiesced in or
tolerated in the future.
Third, while the Act defined 'human rights' as the rights to life, liberty, equality
and dignity of the individual guaranteed by the Constitution and embodied in the
International Covenants and enforceable by Courts inIndia, the fact of the matter was
that the Act was passed soon after the 1993 World Conference on Human Rights and
that Conference had, in its unanimously adopted Declaration and Programme of
Action, 'strongly recommended that a concerted effort be made to encourage and
facilitate the ratification of and accession or succession to international human rights
treaties and protocols adopted within the framework of the United Nations system
with the aim of universal acceptance.' There are now some seventy international
instruments that have been adopted under the auspices of the United Nations,
covering a range of subjects relating to human rights and 'matters connected
therewith or incidental thereto.' Further, these instruments include some sixteen
Conventions/Covenants to which India is a State Party and six of those instruments
have themselves established treaty bodies expressly to oversee their proper
observance and implementation.
Fourth, the Statement of Objects and Reasons also made clear that there was
need for greater 'accoimtability' and 'transparency' in the administration of laws and
ANNUAL REPORT 2001-2002