The implementation of international human rights

September 8, 2017 Human Rights

I. Introduction

Historically human rights have been seen to keep basically against the State of which 1 is a member. [ 1 ] The execution of international human rights pacts instruments and duties are finally national issues, and it is the States that are under an duty under the international human rights pacts to safeguard, uphold, protect, and advance the human rights of persons within their several districts. National and domestic mechanisms to protect the human rights of the citizens can take assorted signifiers. They chiefly consist of the tribunals, ombudsmen, and the National Human Rights Institutions [ 2 ] .

The construct of National Human Rights Institutions is a recent development among the assorted mechanisms for protection of human rights in the domestic domain [ 3 ] . A National Human Rights Institution ( hereinafter NHRIs ) has been described as “a organic structure, which is established by a authorities under the Constitution, or by jurisprudence or edict, the maps of, which are specially defined in footings of the publicity, and protection of human rights.” [ 4 ] Though these establishments are particularly intended to protect and advance human rights, they do non take over the function of the bench, legislative organic structures, authorities bureaus, political parties or NGOs [ 5 ] . They chiefly monitor the human rights state of affairs, audit Torahs, make recommendations, train forces, educate the populace, study to international organic structures, hold enquiries. NHRIs can be of assorted signifiers, viz. Ombudsmen, Hybrid Human Rights Ombudsmen, or Human Rights Commissions. [ 6 ]

Since the effectual protection of human rights necessitates flexible mechanisms that can non normally be provided within the traditional tribunal system, national human rights establishments, “with their “complimentary mechanisms, ” have become the much needed “third force” for the protection and publicity of human rights at the national level.” [ 7 ] Further since non all human rights misdemeanors are of such grades so as to pull international attending the NHRIs could execute these maps at the national degree. [ 8 ]

In India, the institutional model for protection of human rights was enhanced when the Parliament enacted the Protection of Human Rights Act, 1993. It was under the authorization of this Act, that the National Human Rights Commission ( hereinafter NHRC ) was set up in India on 12 October 1993 [ 9 ] . This Commission is among one of the first established in the 1990s every bit good as the first in South Asia. [ 10 ]

This paper is an effort to measure and measure the function of the NHRCs in protecting and advancing human rights of citizens. The paper begins with a brief history of the events which led to the formation of the National Human Rights Commission. The Paris Principles will be discussed and highlighted in this respect. The 2nd portion of the paper will cover with workings of NHRC and how in the recent old ages, the NHRC has bit by bit extended its legal power, and have dealt with a broad assortment of instances runing from suggestions for constabulary reforms to rights of handicapped, wellness, rights of mentally challenged, nutrient security, instruction, rights of minorities, Scheduled Castes and Scheduled Tribes and internally displaced individuals, etc. [ 11 ] The following portion of the paper will cover with two specific issues – the disappearing instances in Punjab and the right to nutrient issue in Kalahandi, which has been successfully tackled by the NHRC. Finally the research worker will examine into the inquiry as to how to foster strengthen and increase the effectivity of the NHRC.

II. RESEACRH QUESTIONS

  1. What were the background events which led to the creative activity of the NHRC in India?
  2. How the has the legal power of NHRC been expanded over the recent old ages?
  3. How has the NHRC dealt with the instances of ‘disappearance in Punjab ‘ and the ‘Right to Food ‘ instance in Kalahandi?

III. CREATION OF THE NATIONAL HUMAN HIGHTS COMMISSION IN INDIA

For several old ages, the United Nations ( hereinafter UN ) has been smartly seeking to advance independent and effectual human rights establishments, after acknowledging that this may be one of the best ways to vouch regard for human rights within the domestic domain. [ 12 ] In the 1990s the UN strongly advocated the constitution of NHRIs, and encouraged the strengthening of the bing NHRIs. In 1991, the first major international meeting on this issue, took topographic point in the Workshop on National Human Rights Institutions held in Paris [ 13 ] , where the Principles associating to the Status of National Institutions ( or the Paris Principles ) [ 14 ] were adopted. The Paris Principles, endorsed subsequently by the UN Commission on Human Rights [ 15 ] and the UN General Assembly, [ 16 ] sets out the minimal standards for the effectual operation of the NHRIs. [ 17 ] It calls for the constitution of independent committees to protect human rights, and it has become the benchmark against which national homo rights establishments are measured. [ 18 ]

The Paris Principles order seven of import rules which aim at making independent and believable NHRIs. Harmonizing to the Paris Principles, a NHRI must be: independent of the Government, guaranteed either by statutory jurisprudence or constitutional commissariats ; be pluralistic in their functions and rank ; have a wide authorization, which could jointly protect and supervise the execution of human rights through assorted agencies, including recommendations and proposals refering bing and proposed Torahs and policies ; have powers of probe, capacity to hear ailments and convey them to the competent governments ; be characterized by regular, effectual operation ; be adequately funded and non capable to fiscal control, which may impact their independency ; and must be easy accessible to the general populace. [ 19 ]

Discussions environing the constitution of a NHRI in India dates back to 1991 India. Throughout the late 1980 ‘s India faced politically disruptive times, for the state, particularly Kashmir, Punjab and Assam was engulfed in a powerful moving ridge of foreign-funded terrorist force, which resulted in a terrible loss of human life and belongings. [ 20 ] In order to battle these insurgence and secessionist motions which were deriving land, the Indian Government deployed the ground forces, the paramilitary, and the Border Security Forces, and enacted the Draconian Terrorist and Disruptive Activities ( Prevention ) Act, 1987, that vested huge powers in the constabulary. [ 21 ] The giving of brushing powers to the constabulary resulted in the rise of state-sponsored terrorist act. The constabulary flagrantly caused sedate misdemeanors of human rights, randomly, victimising guiltless individuals. [ 22 ] This resulted in international call and ‘scathing ‘ studies were submitted by the Amnesty International and Asia Watch attesting that abuses including anguish, colza, tutelary deceases, and disappearings – committed by province security agents – were existent and endemic [ 23 ] . The Government of India was to a great extent criticized for neglecting to penalize the guilty and set uping a believable mechanism to supervise the state of affairs and penalize the guilty. [ 24 ]

Groking indictment from the international community and a attendant fall-out with international fiscal establishments such as the World Bank, the Congress authorities, led by Mr. P.V. Narasimha Rao, and initiated treatments on set uping a National Human Rights Commission [ 25 ] . On 16 March 1992, the so Home Minister, Mr. S. B. Chaban stated that the end of the proposed homo rights committee was to “counter the false and politically motivated propaganda by foreign and Indian civil rights agencies” [ 26 ] . Further, Mr. V.N. Gadgil, the so official interpreter of Congress ( I ) added, that the findings of the NHRC “will act as restoratives to the biased and nonreversible studies of the NGOs. It will besides be an effectual reply to politically motivated international criticism.” [ 27 ] Hence it is apparent that anterior to the formation of the NHRC the authorities had sought to use it to discourage the unfavorable judgments by international community, alternatively of seeking to make a mechanism for better protection of human rights. Many observers labeled this enterprise as an enterprise to counter the unfavorable judgments over India declining entree to the international human rights groups for carry oning research missions in assorted parts of India. [ 28 ] .

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It is in the thick of these unfavorable judgments that the President of India promulgated an Regulation on September 28, 1993 making the National Human Rights Commission, human rights committees in the assorted provinces, and human rights tribunals. The Commission came into consequence on 12 October 1993 by virtuousness of the Protection of Human Rights Act, 1993. [ 29 ]

IV. Expansion OF THE JURISDICTION OF THE NATIONAL COMMISSION ON HUMAN RIGHTS

The National Human Rights Commission of India was constituted “for the better publicity of human rights and for affairs connected therewith or thereto.” [ 30 ] It is a statutory organic structure, holding an independent and independent character, and is vested with powers, responsibilities, and maps. Indeed over the past 17 old ages the Commission has strived to positively give consequence to the aims set out in the Protection of Human Rights Act. So far, the Commission has functioned efficaciously and used the chances provided to it by the Act to protect human rights. [ 31 ]

The Protection of Human Rights Act is divided into 8 chapters dwelling of 43 Sections. Particular powers are conferred to the NHRC under Section 10 ( 2 ) , harmonizing to which the Commission shall modulate its ain process. [ 32 ] Harmonizing to Section 3 the Commission should consist of five members out of which three should be from the bench and two from individuals holding cognition or practical experience in affairs sing human rights, who should be selected by a commission dwelling of the Prime Minister, Home Minister, Speaker and leader of the resistance and Deputy Chairman and leader of resistance in the Council of States.

The Commission has assorted powers like asking suo motu against any public retainer [ 33 ] , step ining the proceedings of tribunals affecting allegations of go againsting human rights if the tribunal approves of the intercession [ 34 ] , supervising prison or tutelary pattern and sing any gaol [ 35 ] and doing recommendations to State authoritiess based on such visits, reexamining the precautions provided under the Constitution or any jurisprudence relating to the protection of human rights [ 36 ] . Section 12 ( degree Fahrenheit ) empowers the committee to do recommendations for their effectual execution of international human rights pacts. While Section 12 ( g ) provides for the publicity of research in the field of human rights, Section 12 ( H ) empowers the Commission to distribute literacy between assorted subdivisions of the society, and to advance consciousness through the media, publications, seminars etc ; It can besides promote attempts of NGOs runing in the field of human rights [ 37 ] , and can execute any other necessary maps for advancing human rights.

The function of the Commission is complements the function of bench. On assorted occasions the Supreme Court has referred of import affairs to the Commission, while on the other manus the Commission has besides taken specific instances of misdemeanor of human rights to the Courts. This complementary function of the Commission and the bench in India is an illustration of ‘best pattern ‘ . [ 38 ]

Section 2 ( vitamin D ) of the Act defines “human rights” as “rights associating to life, equality, and self-respect of the single guaranteed by the Constitution or embodied in the International Covenants and enforceable by tribunals in India” . Thus it is apparent that the jurisprudence requires the NHRC to give more importance to civil and political than on societal and economic rights. [ 39 ] However, the Commission has non limited its legal power to merely civil and political rights, but has expanded its legal power and has dealt with broad assortment of instances. Initially the efficaciousness of NHRC and the force of its recommendations within the restrictions of its legal power were doubted. It was thought that the Commission could do recommendations merely with regard to affairs within its legal powers. However, after 17 old ages of the operation of NHRC belied these apprehensivenesss [ 40 ] . The Commission has acquired high visibleness and it has been identified as the major establishment continuing the human rights civilization in the state. It has invariably sought to construe its powers and maps under the Act every bit expansively as possible maintaining in head its over-arching duty to protect the human rights of the people. [ 41 ]

Since its origin, the Commission had started having legion ailments with regard to misdemeanor of human rights by the constabulary. The committee has intervened in instances on constabulary reforms pending before the Supreme Court. It has dealt with instances sing constabulary disposal and has set up a Police Complaint Authority in the office of the Director General of Police in each province in order to hold a general inadvertence of the behavior of the constabulary functionaries. [ 42 ] It has besides given serious attending to bettering the prevailing conditions in the gaols, and about the conditions of the under tests, and mentally sick individuals in prisons. With regard to the issue of tutelary force and urged people to describe instances of tutelary deceases, colzas etc, including those involved in the ground forces and para-military forces should be reported to the Commission instantly. [ 43 ]

The Commission is of the position that merely recognizing that political freedom would non be purposeful for the teaming 1000000s of people who suffer from poorness and societal immoralities unless economic, societal and cultural rights are assured to them, the Commission, during the past few old ages has made serious attempts towards realisation of economic societal and cultural rights. [ 44 ]

Since 1994, the Commission has been recommending for the right to liberate and mandatory instruction till the age of 14 old ages. [ 45 ] It has besides been actively involved in the drafting of the Convention on the Rights of Persons with Disabilities. After it was adopted by the UN General Assembly, the Commission recommended it to the Government of India for confirmation, which has since been done. Harmonizing to Article 33 of that Convention the Commission has initiated follow up action, and held regional workshops to distribute consciousness about the commissariats of the Convention. [ 46 ] Further, the Commission has besides dealt with the right to Health and the demand confidence of quality in mental infirmaries and protection of the rights of mentally sick. Compulsory rural fond regard for the physicians and the engagement of nurses to decide the issue of work force was besides suggested. [ 47 ]

On the way of the Supreme Court, the Commission has been besides oversing the enforcement of disposal of Torahs against bonded labourers in assorted States. This engagement of the committee at the case of the Supreme Court is an illustration of strategic confederation between the two establishments in procuring human rights of the vulnerable. [ 48 ] Further, it has besides taken attention of the rights of those who are affected adversely by natural catastrophes. For illustration in the wake of the Orissa Super-cyclone, in 1999, the Commission had suo-motu taken awareness of the state of affairs, and made recommendations to the State Governments to guarantee that the human rights of the marginalized groups -widows, orphans, tribals, destitutes are protected [ 49 ] . Commission took suo-motu awareness of the communal force which broke out broke out in the State of Gujarat on February 27, 2002 and has been seized of the issue since so. In 2003, the Commission filed a Particular Leave Petition in the Supreme Court to implement “the right of just trial” for all and a request for transportation of nine serious instances for test outside the State of Gujarat. [ 50 ] The Commission has besides intervened to reassign of some serious instances to outside Gujarat, has reopened several instances and convicted those guilty in ‘Best Bakery ‘ and Bilkis Bano instances [ 51 ] .

Based on the Commission ‘s attempts and advice, India has signed the Torture Convention, and has besides signed and ratified two Optional Protocols to the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities. It has been recommending for the confirmation of the 1951 UN Convention associating to the Status of Refugees and the Torture Convention. Further it has besides been recommending for a National Law on Refugees. [ 52 ] The Commission has besides constituted a ‘Working Group and an Advisory Committee ‘ which included representatives of assorted sections of the Government, NGOs, and eminent attorneies to fix a National Action Plan for Human Rights in 2006. The Working Group is concentrating on countries like instruction ; condemnable justness system – including constabulary, prosecution tribunal etc. ; rights of vulnerable groups like adult females, kids, bonded laborers, dalits, tribals, minorities, disabled and the aged. Issues like right to nutrient, H2O, wellness and environment, and right to societal security globalisation and human rights are besides being dealt with by the Commission. [ 53 ]

There has barely been any facet of economic, societal and cultural rights which has non been dealt with by the Commission – be it right to nutrient, right to clean imbibing H2O, right to shelter, right to wellness, right against favoritism, right to clean imbibing H2O, right to shelter, right to against favoritism, right to wellness, right to a clean environment. Again they have dealt with rights of adult females, kids, bonded labor, displaced individuals, denotified and mobile folks, members of minorities group and those challenged with disablement.

V. DISAPPEARANCE CASES IN PUNJAB AND THE RIGHT TO FOOD CASE IN KALAHANDI:

Since its origin in 1993, the Commission has dealt with assorted instances, some of which has been referred to by the Supreme Court, while some others, which the Commission has taken up suo motu. It has acted efficaciously to utilize the chances provided to it by the Protection of Human Rights Act to safeguard and protect human rights in the state. Among the of import instances which were dealt by the Commission, the disappearing instances in Punjab and the right to nutrient instance in Kalahandi, Orissa are discussed below.

A. PUNJAB MASS CREMATION AND THE DISAPPEARANCE CASES IN PUNJAB:

During the 1980s, Punjab experienced a long insurgence marked by everyday conflicts between insurrectionists and province forces [ 54 ] . From 1984 to 1994, 1000s of individuals in Punjab “disappeared” and were believed illicitly ‘cremated ‘ by the constabulary to stamp down insurgence eruptions in the province. [ 55 ] Police counter-insurgency attempts involved inhuman treatment, anguish, forced disappearings, and a system of hard currency wagess for the drumhead executing of alleged Sikh activists. There were legion cases of constabulary maltreatments and there was no perfectly attempt to account for these of forced disappearings and drumhead violent deaths. The disappearing of immature work forces suspected of being either being terrorists, or holding links with terrorists, became relentless and incidents like implemented disappearings and mass cremations in Punjab continued to take topographic point, ensuing in the decease of many guiltless and ordinary civilians. [ 56 ] It is to be noted that international jurisprudence requires that States investigate all instances of forced disappearings in which State liability is at issue, and obliges the province to carry on thorough probes of all allegations of forced disappearings and to supply a redress to the victims. Hence, India was obligated under international jurisprudence to look into all instances of alleged disappearings across Punjab. [ 57 ]

In 1994, Jaswant S. Khalra, Chairman of the Human Rights Wing of the Akali Dal, and Jaspal S. Dhillon, so General Secretary of the Wing, reacting to the studies of mass disappearings took enterprises to look into the illegal cremations conducted by the Punjab Police in Amritsar territory. [ 58 ] After the findings were publicized, a writ request in the Punjab and Haryana High Court by Khalra to look into these mass cremations. However, since the High Court dismissed his request on footing of vagueness, and absence of sufficient cogent evidence, Khalra moved to the Supreme Court [ 59 ] .

Two writ requests [ 60 ] were in the Supreme Court, which prayed that the State should be held apt for the crying misdemeanor of human rights and the mass secret cremations. The Supreme Court after analyzing a study submitted by the Central Bureau of Investigation ( CBI ) pointed out that the study stated that about 585 dead organic structures could be to the full identified, 274 could be partly identified, and 1238 were unidentified. [ 61 ] On 12 December 1996 the Court requested the NHRC to analyze and look into the affair in conformity with jurisprudence and find all issues associating to the instance. [ 62 ] During the pendency of the instance before the Supreme Court, the constabulary abducted Khalra.

Though the instance is still pending before the Commission for concluding consideration, the Commission has recommended compensation of Rs. Two lakh 50s thousand to each of the following of family of 195 asleep identified to be in the detention of constabulary and Rs. One lakh 75 1000 to each of following of family of 1103 identified individuals whose dead organic structures were cremated by the constabulary, amounting to Rs. 24,27,25,000. [ 63 ] Compensation is granted based on the law developed by Indian tribunals associating to legal criterions for remedial, reparatory, punitory, and model amendss for human rights misdemeanor. [ 64 ] It farther acknowledges that pecuniary or monetary compensation is a proper, effectual and sometimes possibly the lone redress for righting the violation the basic human rights by public retainers and the State. [ 65 ] Harmonizing to the Commission, the claim of citizens who are affected is founded on the philosophy of rigorous liability, where the citizen must constantly have compensation, and the defence of autonomous unsusceptibility is non available [ 66 ] .

B. KALAHANDI AND RIGHT TO FOOD CASE IN ORISSA:

The NHRC has since long maintained that right to nutrient is built-in to populating a life with self-respect. It has besides expressed that right to nutrient includes nutrition at an appropriate degree. [ 67 ] Since December 1996, the Commission has been covering with ailments avering famishment deceases in Koraput, Bolangir and Kalahandi territories of Orissa. The instance started in 1996 when the when the Commission took awareness of a missive from Mr. , Chaturanan Mishra, the so Union Minister of Agriculture, with regard to deceases caused as a consequence of famishment after the drouth in Bolangir territory of Orissa. [ 68 ] On December 23rd, 1996, under Article 32 a writ request in the Supreme Court was filed by the Indian Council of Legal Aid and Advice and others, avering deceases by famishment and that it continued to happen in the territories of Orissa. [ 69 ] On 26th July 1997, it was pointed out by the Supreme Court, that since the affair had been taken up by the NHRC, who was probably to present a way in this instance, the suppliant should near the Commission. [ 70 ]

The Commission acted instantly and prepared interim steps for the following two old ages. Further it requested the Orissa Government to represent a Committee for inspecting of all issues sing land reforms in the affected territories. [ 71 ] For supervising the execution of its waies, a Particular Rapporteur was besides appointed. The Commission came to the decision that deceases ensuing from famishment reported from some parts of the state were most surely due to effect of mis-governance from Acts of the Apostless of skip or committee on the portion of public retainers. [ 72 ] It was steadfastly stated that ‘to be free from hungriness ‘ is non merely a cardinal right of the citizens of India, but is besides a basic human right [ 73 ] . Starvation, therefore, consequences in a gross misdemeanor of this right. In order to guarantee choice executing of Right to Food, the Commission has recommended puting up of Committees which would supervise the entree and handiness of nutrient grains to the most vulnerable subdivisions of the society. [ 74 ]

After forming a meeting with the legal experts on the issue of right to nutrient, in January 2004, Commission approved the fundamental law of a Core Group on Right to Food. [ 75 ] This Core Group will hold the power to advice on assorted issues and propose appropriate steps, which can be undertaken by the Commission. [ 76 ] It has besides issued the guidelines on the fundamental law and operation of such commissions to all the State authoritiess and the Central Ministries. [ 77 ] If these commissions are implemented in a proper mode, they can move as Watch Committees, paving the manner for a ‘hunger free India ‘ . Further the Commission has besides drafted a National Action Plan on Right to Food, and is besides earnestly supervising malnutrition in Maharashtra. [ 78 ]

The mode in which the Commission has dealt with the above two instances, has steadfastly established that in India, both the tribunals and the Commission are get downing to handle the economic, societal and cultural rights are being treated at par with civil and political rights. India is the few states in the universe to hold “accorded justiciability of economic, societal, and cultural rights” [ 79 ] .

VI. Decision

Though every state has its ain precedences and ends to accomplish, there are certain minimal criterions which they are expected to carry through, in order to run into their international human rights duties and the larger universe order. The Paris Principles, adopted by the General Assembly is the building on which national homo rights establishments have been set up. A free and to the full independent national establishment is the best surety for the protection of human rights within the domestic domain and the National Human Rights Commission of India is to the full witting of the same. It is apparent from the predating subdivisions that with the coming of National Human Rights Commission, human rights protection has taken a spring in India. Inspite uncertainties about the Commission ‘s independent operation, it has surprised both the domestic and international community with its decisive and believable actions. The Commission, of all time since its origin, has ever tried to spread out the range of its legal power, and has been earnestly engaged in the protection of economic and societal rights. It has dealt with figure of issues like right to nutrient, right to clean imbibing H2O, right to shelter, right to wellness, right against favoritism etc.

However, there are countries where there are avenues for improvisation. The Commission must be able to supply concrete redresss to the hapless victims, and must be vested with expressed powers of prosecuting delinquent public retainers in instance it finds sufficient grounds of misdemeanor human rights. Further it must besides be empowered to mention any individual for prosecution who for no ground obstructs the operation of the Commission. This will supply dentitions to the system. [ 80 ]

It is merely so that the Commission will be able to look into instances in a proper mode. Given the fact that the undertaking of protecting and continuing the human rights in the India is undertaking of immense magnitude, the Commission needs to prioritise its work if it seeks to be an effectual establishment. Hence the Commission needs to place concrete ends, methodological analysiss which could assist them in achieving and carry throughing their ends. Besides there is a demand to put time-frames within which the ends are to be met. Further, since the execution of the recommendations of the Committees by the authorities is critical to the Commission ‘s success, there should be a “statutory ensurement” that the NHRC ‘s recommendations will be dependably considered by the authorities [ 81 ] . Hence the Commission should be vested with enforceable powers to guarantee that its determinations and recommendations are implemented. It is merely so that the Commission can truly become and remain an effectual agent for advancing and protecting human rights of pullulating 1000000s.

  1. Abul Hasnat Monjurul Kabir, Establishing National Human Rights Commissions In South Asia: A Critical Analysis Of The Processes And The Prospects, Asia-Pacific Journal On Human Rights And The Law, 2001, Volume 2, Number 1, 1-53.
  2. Vijayashri Sripati, India ‘s National Human Rights Commission: A Fettered Commission? ,18 B.U. Int’l L.J. 1, 2000
  3. Anne Smith, The Unique Position of National Human Rights Institutions: A Assorted Blessing? , Human Rights Quarterly 28 ( 2006 ) 904-946.
  4. United Nations Center for Human Rights, National Human Rights Institutions: A Handbook on the Establishment and Strengthening of National Institutions for the Promotion and Protection of Human Rights, Professional Training Series No. 4 at paragraph 39, U.N. Doc. HR/P/PT4, UN Gross saless No. E.95.XIV.2, 1995.
  5. Supra n. 1.
  6. Supra n. 3.
  7. Supra n. 2.
  8. Sonia Cardenas, Emerging Global Actors: The United Nations and National Human Rights Institutions, 9 Global Governance 23, 28 ( 2003 ) as cited in C. Raj Kumar, National Human Rights Institutions: Good Governance Positions on Institutionalization of Human Rights, 19 Am. U. Int’l L. Rev. 259, 2003.
  9. Dr Subhash C Jain, The Commonwealth and Human Rights: An Indian Perspective, Commonwealth Law Bulletin, 1999 available at www.rcs.ca/colloquium/Jain.doc ( Last visited on March 31, 2010 )
  10. Manoj Kumar Sinha, The Role Of The National Human Rights Commission Of India In Protecting Human Rights, available at, hypertext transfer protocol: //www.rwi.lu.se/pdf/seminar/manoj05.pdf, ( Last visited on March 16, 2010 )
  11. National Human Rights Commission of India, Report from Forum Members presented by Dr. Justice Shivaraj V. Patil, 1st August 2006, available at www.asiapacificforum.net/about/annual… Fiji… members/india.pdf, ( Last visited on March 18, 2010 )
  12. The Paris Principles and Other Standards, available at, hypertext transfer protocol: //www.ohrc.on.ca/en/resources/submissions/CASHRAsubmission? page=CASHRAsubmission-The.html, ( Last visited on March 16, 2010 )
  13. Report of the International Workshop on National Institutions for the Promotion and Protection of Human Rights, Paris 7-9 October 1991, UN Doc E/CN.4/1992/43 and Add.1 and 2.
  14. GA Res 48/134, 20 Dec. 1993.
  15. CHR declaration 1993/55.
  16. GA Res 48/134 ( 1994 ) , Annex
  17. Andrew Byrnes, Andrea Durbach and Catherine Renshaw, Joining the nine: the Asia Pacific Forum of National Human Rights Institutions, the Paris Principles, and the promotion of human rights protection in the part, available at, hypertext transfer protocol: //ssrn.com/abstract=1397466, ( Last visited in March 16, 2010 )
  18. Ibid.
  19. WHICH PRINCIPLE, The Paris Principles In Detail, web site
  20. Tarik Jain & A ; Ghulam Sarwar, Kashmir Problems: Challenge and Response ( 1990 ) . See besides Paula Newberg, Double Betrayal: Repression & A ; Insurgency in Kashmir ( 1995 ) as cited in Supra n. 2
  21. Supra n. 2.
  22. Supra n. 2.
  23. Ibid ; See besides Amnesty International, India: Anguish, Rape, and Deaths in Custody, AI Index: ASA 20/006/1992.
  24. Supra n. 2.
  25. Ibid.
  26. John Cockell, State Institutions and Human Rights in India, Centre for Peace Studies, New Delhi,1995, p-7, as cited in Supra n. 1.
  27. South Asia Human Rights Documentation Centre ( hereinafter SAHRDC ) , Human Rights Commission – Mirage or Oasis, Discussion paper for the First All India Consultation of Human Rights Activists, New Delhi, 1992 as cited in Supra n. 1.
  28. SAHRDC, National Human Rights Institutions in the Asia Pacific Region – Report of the Alternate NGO Consultation on the Second Asia-Pacific Regional Workshop on National Human Rights Institutions, New Delhi,1998, p- 8 as cited in Supra n. 1.
  29. Supra n. 1.
  30. The Protection of Human Rights Act, 1993, Preamble.
  31. Justice J.S. Verma, The New Universe of Human Rights, Universal Publishing Co. Pvt. Ltd, Delhi, 2004, p-184.
  32. The Protection of Human Rights Act, 1993, Section 10 ( 2 ) .
  33. Section 12 ( a ) .
  34. Section 12 ( B ) .
  35. Section 12 ( degree Celsius )
  36. Section 12 ( vitamin D )
  37. Section 12 ( I )
  38. Excerpts from NHRC India Paper for Universal Periodic Review, available at, hypertext transfer protocol: //nhrc.nic.in/disparchive.asp? fno=1579, ( Last visited on March 21, 2010 ) .
  39. G. P. Joshi, National Human Rights Commission-Need for Review, available at, www.humanrightsinitiative.org/ … /national_human_rights_commission.pdf ( Last visited on March 16, 2010 ) .
  40. Supra n. 31, p-186.
  41. Ibid.
  42. Ibid.
  43. Ibid, p-187, See besides, Sankar Sen, Human Rights and Law and Enforcement, Concept Publishing Co. , New Delhi, 1st ed. , 2002, p-79-81.
  44. Supra n. 11.
  45. The 86th Constitutional Amendment Act, passed in 2002, mandates that the State to supply free and mandatory instruction to all kids between the age of six to fourteen old ages in such mode as the State may, by jurisprudence, determine.
  46. National Human Rights Commission, India Paper For Universal Periodic Review, 2008, WEBSUTE
  47. Ibid.
  48. Supar n. 31, p- 187.
  49. Supra n. 31, p-188.
  50. Supra n. 10.
  51. Supra n. 46.
  52. Gurjeet Singh, Torture as a Challenge to the National Human Rights Institutions: The Role of National Human Rights Commission of India, ( ed. Mohd. Shabbir, Quest for Human Rights, Rawat Publications, New Delhi, 1st ed. , 2005 ) , p- 285-286.
  53. Supra n. 11.
  54. Jaskaran Kaur, A Judicial Blackout: Judicial Impunity for Disappearances in Punjab, India, 15 Harv. Hum. Rts. J. 269.
  55. Missing justness, hypertext transfer protocol: //www.indiatogether.org/2003/jun/hrt-missing.htm, ( Last visited on March 16, 2010 )
  56. Supra n. 54.
  57. International Convention for the Protection of All Persons from Enforced Disappearance ONLY STATE PARTIES
  58. Supra n. 55.
  59. Supra n. 54.
  60. Writ Petition ( Crl. ) No. 497/95, Paramjit Kaur v. State of Punjab and others and Writ Petition ( Crl. ) No. 447/95, Committee for Information and Initiative on Punjab v. State of Punjab.
  61. Punab Mass Cremation Order, available at, hypertext transfer protocol: //nhrc.nic.in, ( Last visited on March 18, 2010 )
  62. Supra n. 10
  63. Supra n. 46.
  64. M. Kumar Sinha, Implementation of Basic Human Rights, Manak Publications, New Delhi, 1999, pp. 322-330.
  65. Supra n. 61.
  66. Ibid.
  67. Supra n. 11.
  68. Supra n. 10.
  69. Orissa Starvation Deaths Proceedings, available at, hypertext transfer protocol: //nhrc.nic.in/impdirections.htm, ( Last visited on March 31, 2010 )
  70. Supra n. 10.
  71. Starvation Death in Orissa, available at hypertext transfer protocol: //nhrc.nic.in/HRIssue.htm # Right % 20to % 20Food, ( Last visited in March 30, 2010 )
  72. Ibid ; Supra n. 10.
  73. Supra n. 46.
  74. Ibid.
  75. Supra n. 11: ( This Group was once more reconstituted and met on 13 January 2006. The Group dwelled on issues associating to nutrient security, monitoring of bing strategies and reforms in Public Distribution System, famishment deaths/suicides including the State ‘s response to these happenings, need for up-gradation of scientific and technological steps in the state and the spreading of consciousness among the multitudes that all of them were entitled to acquire two square repasts. )
  76. Ibid.
  77. Supra n. 46.
  78. Supra n. 46.
  79. Supra n. 10.
  80. Supra n. 1.
  81. Amnesty International Report – ASA/20/26/98 & lt ; hypertext transfer protocol: //www.Amnesty.org/ailib/aipub/1998/ASA/32002698.html & gt ; .
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