Human Rights Courts

Human Rights Courts are special courts provided for under the Protection of Human Rights Act, 1993 (PHRA) to facilitate the speedy trial of offences arising from violations of human rights. They are different from the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs), which primarily investigate complaints and make recommendations.

Governing Body

Human Rights Courts are established under Section 30 of the Protection of Human Rights Act, 1993. A State Government, with the concurrence of the Chief Justice of the concerned High Court, may notify a Court of Session in each district as a Human Rights Court.

Under Section 31, the State Government also specifies a Special Public Prosecutor for each Human Rights Court. The prosecutor must generally be a Public Prosecutor or an advocate with at least seven years of practice.

Role of Human Rights Courts

The principal purpose of these courts is to provide a judicial forum for the trial of offences arising from human-rights violations. Their role is therefore different from that of human-rights commissions.

Human Rights Commissions may inquire into alleged violations and recommend appropriate action, while courts determine criminal liability through judicial proceedings according to law.

Benefits of Human Rights Courts

• Speedier trial: They are intended to facilitate faster judicial consideration of human-rights offences.

• Judicial protection: Cases can be considered through the formal judicial process.

• Accountability: Where an offence is established, the ordinary criminal-law process can determine the appropriate legal consequences.

• Victim protection: Court proceedings can provide a formal avenue for seeking remedies available under law.

• Specialized focus: Designation of courts can help concentrate judicial attention on offences involving human-rights violations.

• Rule of law: They provide a legal mechanism for addressing serious allegations through evidence, procedure, and judicial determination.

How to Appeal or Approach a Human Rights Court

It is important to understand that a Human Rights Court is not normally a complaint office like the NHRC. A person does not simply file an NHRC-style complaint with the Human Rights Court and automatically obtain a trial.

Depending on the facts of the case, a person may need to:

1. Report the alleged offence

If the matter involves a criminal offence, the person may first approach the police or other competent investigative authority and provide details and evidence of the alleged offence.

2. Seek appropriate legal remedy

Depending on the circumstances, a person may approach the appropriate Magistrate, Sessions Court, High Court, or other competent authority under the applicable law. A lawyer can help determine the correct procedure and jurisdiction.

3. Approach the Human Rights Commission

A person may also submit a complaint to the NHRC or the relevant SHRC, where the matter falls within its jurisdiction. The Commission can inquire into allegations of human-rights violations or negligence by public servants and may recommend appropriate action.

4. Appeal against a judicial decision

If a Human Rights Court passes a judgment or order, any appeal or other legal challenge must be made through the appropriate appellate court and within the procedure and time limits prescribed by the applicable law. Legal advice should be obtained for the particular case.

Human Rights Court vs. Human Rights Commission

Conclusion

Human Rights Courts provide a judicial mechanism for the speedy trial of offences arising from human-rights violations. Under the Protection of Human Rights Act, State Governments may designate Sessions Courts as Human Rights Courts with the concurrence of the concerned High Court’s Chief Justice.

For a person whose rights have allegedly been violated, the appropriate route may involve the police, Human Rights Commission, Magistrate, Sessions Court, High Court, or another statutory authority, depending on the nature of the matter. The Human Rights Court mechanism is specifically concerned with the judicial trial of qualifying offences.