Protection of Human Rights Act, 1993
(India)
The Protection of Human Rights Act, 1993 (PHRA) represents a significant milestone in the institutionalization of human rights protection in India. Enacted in the context of growing national and international concern over human rights violations, the Act provides a statutory framework for the promotion, protection, and enforcement of human rights through specialized institutions. It complements the constitutional guarantees of Fundamental Rights and Directive Principles by creating independent human rights commissions at the national and state levels.
The Act reflects India’s attempt to translate constitutional and international human rights commitments into practical, institutional mechanisms capable of addressing violations in everyday governance.
Background and Rationale of the Act
The enactment of the Protection of Human Rights Act, 1993 was influenced by multiple factors. Internationally, the post–Cold War period witnessed an increased emphasis on human rights, particularly after the Vienna World Conference on Human Rights (1993). India, as a democratic state and a signatory to major international human rights instruments, faced pressure to strengthen its domestic human rights mechanisms.
Domestically, persistent issues such as custodial violence, police excesses, communal conflicts, and administrative abuse highlighted the limitations of judicial remedies alone. There was a need for specialized, accessible, and preventive institutions that could supplement courts and legislatures in protecting human rights.
Definition of Human Rights under the Act
The Act defines human rights as rights relating to life, liberty, equality, and dignity of the individual, guaranteed by:
- The Constitution of India
- International covenants enforceable by Indian courts
This definition is significant because it establishes a link between constitutional rights and international human rights norms, while maintaining the primacy of domestic constitutional law.
Institutional Framework under the Act
The Protection of Human Rights Act, 1993 establishes a multi-tiered institutional structure to safeguard human rights.
National Human Rights Commission (NHRC)
At the apex is the National Human Rights Commission, an independent statutory body entrusted with the promotion and protection of human rights at the national level.
The NHRC is composed of:
- A Chairperson (a former Chief Justice of India)
- Members with judicial experience and expertise in human rights
Its composition is designed to ensure credibility, independence, and expertise.
Functions and Powers of the NHRC
The NHRC is empowered to:
- Inquire into complaints of human rights violations or negligence by public servants
- Intervene in court proceedings involving human rights issues
- Visit jails and detention centers to study living conditions
- Review safeguards provided under the Constitution and laws
- Promote human rights awareness through research and education
While the Commission does not possess direct enforcement powers, it can make recommendations to governments, seek reports, and publicize findings, thereby exercising moral and institutional influence.
State Human Rights Commissions (SHRCs)
The Act also provides for the establishment of State Human Rights Commissions to address human rights issues at the state level. This decentralization recognizes that many human rights violations occur within state jurisdictions and require localized oversight.
SHRCs perform functions similar to the NHRC within their respective states, enhancing accessibility and responsiveness.
Human Rights Courts
To ensure speedy trial of human rights-related offences, the Act enables state governments to designate Human Rights Courts in each district. These courts are intended to provide a focused judicial forum for serious human rights violations.
However, in practice, the functioning of Human Rights Courts has remained limited, highlighting the gap between statutory intent and implementation.
Role of the Act in Strengthening Human Rights Protection
The Protection of Human Rights Act, 1993 has played a crucial role in:
- Institutionalizing human rights discourse in governance
- Providing non-judicial remedies for victims
- Enhancing transparency and accountability of public authorities
- Expanding public awareness of human rights
The Act has contributed to making human rights a matter of everyday administrative responsibility, rather than an abstract constitutional ideal.
Limitations and Criticisms
Despite its importance, the Act has faced several criticisms:
- The NHRC’s recommendations are not binding
- The Commission lacks powers to enforce compliance
- Jurisdictional limitations restrict inquiry into armed forces without central government approval
- Delays in appointments and inadequate resources weaken effectiveness
These limitations raise concerns about the Commission’s capacity to address structural and systemic violations.
Amendments and Evolving Scope
The Act has been amended over time to strengthen human rights institutions, expand their scope, and improve inclusiveness. These amendments reflect the evolving understanding of human rights and the need to adapt institutional mechanisms to changing challenges.
Relationship with the Constitution and Judiciary
The Protection of Human Rights Act does not replace constitutional remedies. Instead, it operates as a supplementary mechanism, working alongside courts and constitutional bodies. The judiciary often draws upon NHRC findings in adjudicating human rights cases, reinforcing institutional synergy.
Significance in the Indian Human Rights Framework
The Act represents India’s commitment to a rights-based approach to governance. By creating specialized institutions, it bridges the gap between constitutional ideals and administrative practice. It also demonstrates India’s engagement with global human rights norms while retaining constitutional sovereignty.
Conclusion
The Protection of Human Rights Act, 1993 marks an important step in the evolution of human rights protection in India. It institutionalizes human rights through independent commissions, expands access to remedies, and strengthens accountability mechanisms.
While limitations in enforcement and implementation persist, the Act remains a vital component of India’s human rights architecture. Its significance lies not only in its legal provisions but also in its role in embedding human rights into the everyday functioning of the Indian state.
References
- Protection of Human Rights Act, 1993
- Austin, Granville. The Indian Constitution: Cornerstone of a Nation
- Baxi, Upendra. The Future of Human Rights
- Sen, Amartya. Development as Freedom
- National Human Rights Commission Reports
