Role of Supreme Court in Protection of Human Rights in India

The Indian Constitution sanctions the Indian judiciary, which is responsible for justice. Another important task is to protect the human rights of Indian citizens. If there are human rights violations, you can move the court system through the courts. The court must take note of the violation of human rights and administer justice accordingly. The improvement and strengthening of the administration of justice through the formulation of progressive model spaces will be necessary in the context of the constitutional remedy for the application of human rights. The State`s reluctance to bring justice to society is not easy and flexible for anyone who can apply to the National Human Rights Commission from anywhere in the country to claim their rights. Since the 1993 law, each state has been required to form the SHRC and HRC within its territory in order to achieve the goal of prompt redress for all. The point is that the act does not specify the procedure to be followed by human rights commissions in dealing with these types of complaints. The law does not specify the jurisdiction of these courts for human rights violations. This unclear and unclear factor must be addressed without delay by the legislator, so that the protection of human rights and the consequences of existing law do not disappoint.

Third, as stated in the laws on special courts, the essential requirements are not met in implementation. The specific procedures established are not properly followed. The strategic plan of the National Human Rights Commission includes a comprehensive programme that requires the participation and commitment of all stakeholders. The National Human Rights Commission focuses on the protection of human dignity for all, the protection of people`s rights with a greater focus on marginalized populations, reforms related to prisons, women`s and children`s rights, the rights of persons with disabilities, the elderly, the protection of LGBTQ rights, environmental protection, mental and physical health and well-being, human rights education, child labour issues, NGOs/civil societies, promotion of human rights research and tireless work for the continuous improvement of laws and programmes for the protection and promotion of human rights. Human rights are the rights that every human being has as a human being. These are rights inherent to everyone. All human beings have the right to human rights without discrimination as to race, caste, sex, colour, nationality, etc. These rights are inextricably linked to individuals. Human rights are divided into civil and political rights, economic, social and cultural rights and collective rights.

Secondly, the objective of establishing such courts at the district level is to ensure prompt redress and justice resulting from human rights violations. This will not be possible if the legislator does not work on the existing anomalies and eliminate them through changes. That is the only way to make the success of the ad hoc tribunals visible. Chapter VI of the Act, which includes articles 30 and 31, contains provisions on the establishment of a human rights court in each district of the country. This is done in order to expedite the speedy condemnation of crimes resulting from human rights violations. The State Government may, with the consent and authorization of the Chief Justice, establish the Human Rights Court by means of a notice containing the specifications of each district for the formation of the Court of Session of a Human Rights Court. The State Government has the task of appointing a prosecutor or lawyer who has practised as a lawyer for at least seven years to conduct cases before human rights courts. Such a person is called a special prosecutor. Human rights in India are primarily guaranteed and protected by the Indian Constitution. These rights form the organic laws of the country.

It serves as a basis for the development of other rights. A constitutional amendment can only change rights by amending the constitution. The process of change is cumbersome and requires several debates, discussions and considerations. The Universal Declaration of Human Rights became a reference for the formulation of provisions in India. Another objective of human rights is to establish a stable government. The National Human Rights Commission, established on 12 October 1993, was established under the Protection of Human Rights Act 1993. The law has been amended and the new show is called the Human Rights Protection (Amendment) Act 2019. The National Human Rights Commission was established to promote and protect human rights. The National Human Rights Commission is based on the Paris Principles adopted at the first international workshop on the protection of human rights. The United Nations General Assembly also approves it.

However, the effectiveness of the mechanisms in place today has been called into question in one or more forms in the face of gross violations of human rights and disregard for basic human dignity in almost all countries. In many cases, those to blame cannot be held responsible for political considerations, power equations, etc. When such violations are not controlled, they often increase in frequency and intensity, usually because the perpetrators believe they have immunity from punishment. There is a need to maintain good relations between government and human rights. The enactment of the Human Rights Protection Act (PHRA) of 1993 led to the creation of: The Supreme Court plays an important role in ensuring the rights of individuals and justice for victims. Since the judicial system and precedent system are hierarchical in nature in India, a decision of the higher court becomes binding on the lower courts. Thus, the Supreme Court can establish certain guidelines and procedures for the handling of human rights cases that will be followed by the police during the investigation and that will ultimately lead to prompt justice for the victims. The National Human Rights Commission had the power to intervene in trials involving allegations of human rights violations: only when the nation`s citizens felt free and secure of their rights could a country prosper. Development takes place in a society where people can live in harmony, free from threats, and fully enjoy their constitutional rights. Although human rights are enshrined in the Indian constitution, they are not absolute. Indian citizens cannot enjoy these rights absolutely without restrictions.

The Constitution also gives the Government the power to impose necessary and just restrictions on the enjoyment of human rights by the population in order to prevent human rights violations. These restrictions are necessary for the well-being and benefit of taller people. For example, if a group in a society wants to enjoy its rights, and if that enjoyment interferes with the human rights of others, then the government has the power to restrict the enjoyment of the group`s rights. The Supreme Court has also ruled that human rights are not absolute. For example, Article 21 of the Constitution of India protects life and personal liberty. The article goes on to say that «no one shall be deprived of his life or personal liberty except in accordance with a procedure prescribed by law.» This article makes it clear that while the protection of life and personal liberty is granted, it is not unlimited. The government can restrict the enjoyment of this freedom by introducing a legal process. In Sunil Batra vs. Delhi Administration (AIR 1978 SC1675), the Supreme Court held that section 21 prohibited deprivation of liberty unless carried out in accordance with the procedure prescribed by law, and that restricting personal liberty to an extent which constitutes a denial of it would constitute deprivation. Article 25 of the Constitution guarantees freedom of conscience and freedom of occupation. Praxis und Verbreitung von Religion.