Essay on Human Rights Protection Act

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Definition of Human Rights:

Human rights are defined as the basic freedoms that all human being should have like the right to say what one thinks proper, travel without restriction etc.

Composition of Human Rights:

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This is an eight- member body all of them appointed by the government. The head of the Commission is the former Chief Justice of India. The Chairman of the body should be appointed by a multi-member body comprising of the Chief Justice of India, the Speaker of Lok Sabha, and Leader of the Oppo­sition etc.

(iii) Functions of Human Rights Commission:

The violation of human rights by States, either on its own assessment or on the complaints filed by the Individuals is enquired by the Commission. The Commission passes the order and the government has to obey it. Thus in this way Commission acts as a watchdog for protection of Human Rights.

Suggestions to improve the functioning of NHRC:

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The suggestions which have been made to make the NHRC more effective are as follows.

I. Commission should include two members from judicial field and three members from non-judicial side including a women member.

II. Commission should have the right to enquire about the violation of human rights by paramilitary forces.

III. Commission should be allowed to visit any jail in India without the permission of the concerned States.

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IV. Commission should be empowered to nominate its members without interference from outside.

V. Commission should be informed of acceptance or refusal of its suggestion to government within three months and grounds of non-acceptance should be explained.

The Supreme Court has provided in its ruling that all the witnesses should be examined within three years after filling the charge sheet. The time limit has been fixed in order to lessen the harassment of the accused. This judgment of the time limit was delivered by Supreme Court on the writ filed by Central Bureau of Investigation (CBI). In this writ Supreme Court was requested to clarify its earlier verdict of time frame for examining the witness. In 1998 the Supreme Court had fixed the time limit to complete the examining of witnesses within three years for the charges with 7 years of imprisonment and within two years for charges with less than 7 years of imprisonment.

The need to reduce the time limit of stay order by the High Courts has been outlined by Supreme Court. The delay in the proceeding due to non-availability of presiding officer is also to be reduced. According to the ruling of Supreme Court the public prosecutor will not be debarred from his duty before the final verdict even in the case of expiry of his term in office.

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