Human Right Act 1993

Human Right Act 1993 An Act to provide for the constitution of a National Human Rights Commission. State Human Rights Commission in States and Human Rights Courts for better protection of Human Rights and for matters connected therewith or incidental thereto.

Be it enacted by the parliament in the forty-fourth year of the Republic of India as follows-


Chapter I PRELIMINARY
Chapter II THE NATIONAL HUMAN RIGHTS COMMISSION
Chapter III FUNCTIONS AND POWERS OF THE COMMISSION
Chapter IV PROCEDURE
Chapter V STATE HUMAN RIGHTS COMMISSIONS
Chapter VI HUMAN RIGHTS COURTS
Chapter VII FINANCE, ACCOUNTS AND AUDIT
Chapter VIII MISCELLANEOUS

Chapter I

PRELIMINARY

1. Short title, extent and commencement

(1 ) This Act may be called the Protection of Human Rights Act, 1993.

(2) It extends to the whole of India. Provided that it shall apply to the State of Jammu and Kashmir only in so far as it pertains to the matters relatable to any of the entries enumerated in List I or List lll in the Seventh Schedule to the Constitution as applicable to that State.

(3) It shall be deemed to have come into force on the 28th day of September, 1993.

2. Definitions

(1) In this Act, unless the context otherwise requires-


(a) "armed forces" means the naval, military and air forces and includes any other armed forces of the Union;
(b) "Chairperson" means the Chairperson of the Commission or of the State Commission, as the case may be;
(c) "Commission" means the National Human Rights Commission under section 3;
(d) "human rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.
(e) "Human Rights Court" means the Human Rights Court specified under section 30;
(f) "International Covenants" means the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on the 16th December, 1966;
(g) "Member" means a Member of the Commission or of the State Commission, as the case may be, and includes the Chairperson;
(h) "National Commission for Minorities" means the National Commission for Minorities constituted under section 3 of the National Commission for Minorities Act, 1992;
(i) "National Commission for the Scheduled Castes and Scheduled Tribes" means the National Commission for the Scheduled Castes and Scheduled Tribes referred to in article 338 of the Constitution;
(j) "National Commission for Women" means the National Commission for Women constituted under section 3 of the National Commission for Women Act, 1990;
(k) "Notification" means a notification published in the official Gazette;
(I) "Prescribed" means prescribed by rules made under this Act;
(m) "Public servant" shall have the meaning assigned to it in section 21 of the Indian Penal Code;
(n) "State Commission" means a State Human Rights Commission constituted under section 21.

(2) Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir, shall, in relation to that State, be construed as a reference to a corresponding law, if any, in force in that State.

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