Human Rights specific elements of national enactments in India
The Protection of Human Rights Act, 1993
An Act to provide for the constitution of a National Human Rights Commission. State Human
Rights Commission in States and Human Rights Courts for better protection of Human Rights and
for matters connected therewith or incidental thereto. It containsVIIIchapters
Short title, extent and commencement
(1 ) This Act may be called the Protection of Human Rights Act, 1993.
(2) It extends to the whole of India. Provided that it shall apply to the State of Jammu and
Kashmir only in so far as it pertains to the matters relatable to any of the entries enumerated in
List I or List lll in the Seventh Schedule to the Constitution as applicable to that State.
(3) It shall be deemed to have come into force on the 28 th day of September, 1993.
Act provides the definitions as follows
(1) In this Act, unless the context otherwise requires-
(a) "armed forces" means the naval, military and air forces and includes any other armed forces
of the Union;
(b) "Chairperson" means the Chairperson of the Commission or of the State Commission, as the
case may be;
(c) "Commission" means the National Human Rights Commission under section 3;
(d) "human rights" means the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International Covenants and enforceable by
courts in India.
(e) "Human Rights Court" means the Human Rights Court specified under section 30;
(f) "International Covenants" means the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights adopted by the General
Assembly of the United Nations on the 16
th December, 1966;
(g) "Member" means a Member of the Commission or of the State Commission, as the case may
be, and includes the Chairperson;
(h) "National Commission for Minorities" means the National Commission for Minorities
constituted under section 3 of the National Commission for Minorities Act, 1992;
(i) "National Commission for the Scheduled Castes and Scheduled Tribes" means the National
Commission for the Scheduled Castes and Scheduled Tribes referred to in article 338 of the
Constitution;
(j) "National Commission for Women" means the National Commission for Women constituted
under section 3 of the National Commission for Women Act, 1990;
(k) "Notification" means a notification published in the official Gazette;
(I) "Prescribed" means prescribed by rules made under this Act;
(m) "Public servant" shall have the meaning assigned to it in section 21 of the Indian Penal Code;
(n) "State Commission" means a State Human Rights Commission constituted under section 21.
(2) Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir,
shall, in relation to that State, be construed as a reference to a corresponding law, if any, in force
in that State.
The Protection of Human Rights Act, 1993
An Act to provide for the constitution of a National Human Rights Commission. State Human
Rights Commission in States and Human Rights Courts for better protection of Human Rights and
for matters connected therewith or incidental thereto. It containsVIIIchapters
Short title, extent and commencement
(1 ) This Act may be called the Protection of Human Rights Act, 1993.
(2) It extends to the whole of India. Provided that it shall apply to the State of Jammu and
Kashmir only in so far as it pertains to the matters relatable to any of the entries enumerated in
List I or List lll in the Seventh Schedule to the Constitution as applicable to that State.
(3) It shall be deemed to have come into force on the 28 th day of September, 1993.
Definitions
Act provides the definitions as follows
(1) In this Act, unless the context otherwise requires-
(a) "armed forces" means the naval, military and air forces and includes any other armed forces
of the Union;
(b) "Chairperson" means the Chairperson of the Commission or of the State Commission, as the
case may be;
(c) "Commission" means the National Human Rights Commission under section 3;
(d) "human rights" means the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International Covenants and enforceable by
courts in India.
(e) "Human Rights Court" means the Human Rights Court specified under section 30;
(f) "International Covenants" means the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights adopted by the General
Assembly of the United Nations on the 16
th December, 1966;
(g) "Member" means a Member of the Commission or of the State Commission, as the case may
be, and includes the Chairperson;
(h) "National Commission for Minorities" means the National Commission for Minorities
constituted under section 3 of the National Commission for Minorities Act, 1992;
(i) "National Commission for the Scheduled Castes and Scheduled Tribes" means the National
Commission for the Scheduled Castes and Scheduled Tribes referred to in article 338 of the
Constitution;
(j) "National Commission for Women" means the National Commission for Women constituted
under section 3 of the National Commission for Women Act, 1990;
(k) "Notification" means a notification published in the official Gazette;
(I) "Prescribed" means prescribed by rules made under this Act;
(m) "Public servant" shall have the meaning assigned to it in section 21 of the Indian Penal Code;
(n) "State Commission" means a State Human Rights Commission constituted under section 21.
(2) Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir,
shall, in relation to that State, be construed as a reference to a corresponding law, if any, in force
in that State.
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