Human Rights Courts in Districts

Chapter VI of the Act comprising Sections 30 and 31 makes the provisions relating to the
c:reation of Human Rights Courts in each district." The setting up of Human Rights Courts in
every District of the country for the speedy trial of offences arising out of violation of human rights is a novel provision of the Act. Section 30 of the Act provides for the setting up of Human
Rights Courts by the State Governments, with the concurrence of the Chief Justice of the High
Court by Notification, specifying for each District a court of Sessions to be a Human Rights
Court. For every Human Rights Court, the State Government in accordance with Section 31 of
the Act shall appoint a Public Prosecutor or an advocate who has been in practice as an advocate
for not less than seven years for the purpose of conducting cases in the Humans Rights Courts.
Such a person shall be called a 'Special Public Prosecutor'.

It is, however, to be noted that it is not mandatory for the States to create Human Rights Courts in
each and every District as Section 30 of the Act expressively uses the expression the State
Government 'may set up the Courts'. However, in order to provide speedy trial of offences arising
out of violations of human rights, it is desirable that States particularly where human rights
violations take place in large numbers should establish such courts. 

In the past such courts were Notified in the States of Andhra Pradesh, ,4ssam, Sikkim, Tamil
Nadu and Uttar Pradesh. Tamil Nadu and Assam have constituted Human Rights Courts in
Chennai and Guwahati  respectively. In Uttar Pradesh, the Governor notified Human Rights
Courts with the concurrence of the Chief Justice of the High Court of Allahabad. The court has
been lying dormant since 1995 due to the non-appointm5nt of Special Public Prosecutors. Section
30 of the Protection of Human Rights Act of 1993 does not lay down the jurisdiction and
procedures to the followed by such court

The National Human Rights Commission in its 1998-99 reports has drawn attention to the
ambiguity regarding the precise nature of offences that could be tried by these courts. It has
recognized that substantive amendments to Section 30 of the Act are necessary to enable the
courts to execute a speedy trial of the offences arising out of the violations of human rights. These
courts cannot serve any fruitful purpose until a comprehensive legislation is passed to that effect