Human Rights and Other Acts in India Breifly Explained
Introduction about How Form Human Rights:
1215 - Magna Carta, world first document to contain Human Rights.
1864-1949 - General Convention on Human Rights.
1948 - Universal Declaration of Human Rights.
1948 - United Nations Commission on Human Rights was set up.
2005 - United Nations Human Rights Commission was founded.
Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948. UDHR urges member nations to promote a number of human, civil, economic and social rights.
The Commission on Human Rights had drafted the International Bill of Human Rights and it was adopted by the United Nations General Assembly on 10 December 1948 as the Universal Declaration of Human Rights. 10 December is globally celebrated as Human Rights Day.
United Nations Human Rights Council (UNHRC):
The United Nations Human Rights Council was founded in 2005. It was founded to replace the United Nations Commission on Human Rights. UNHRC is a subsidiary body of the United Nations General Assembly and reports directly to it. UNHRC has fifty-three members out of total members of the United Nations General Assembly. Its members are elected by simple majority in a secret ballot of the United Nations General Assembly. Its Members are elected for the term of six years.UNHRC has its headquarter at Geneva. UNHRC can appoint independent experts to investigate alleged human rights abuses and to provide the council reports. UNHRC may request that the Security Council take action when human right violations occurs, this action may be direct action, or may involve sanctions and Security Council may also refer cases to the International Criminal Court (ICC). Besides UNHRC. Amnesty International and Red Cross Society also works for the protection and pro-motion of human rights internationally.
National Human Rights Commission
The National Human Rights Commission is a statutory body in India which came into existence through the Protection of Human Rights Act, 1993 and came into force in 1994.The protection of Human Rights Act, 1993 provides for setting up the National Human Rights Commission at the center as well as one commission each at the state level.
Composition of NHRC
Chairperson - Hon’ble Justice Shri S.Rajendra Babu Members - Hon’ble Dr. Justice Shivraj V. Patil Hon’ble Justice Y. Bhaskar Rao, Shri. R.S.Kalha, Shri. P.C. Sharma Ex-officio-Members - Chairman, National Minorities Commission Chairman, National Commission for Women, Chairman, National Commis-sion for SCs & STs.
The National Human Rights Commission is designed to protect human rights, defined as rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the International Covenant and which are enforceable by the Courts in India.
The National Human Rights Commission is designed to protect human rights, defined as rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the International Covenant and which are enforceable by the Courts in India.
Composition
National Human Rights Commission consists of a chairman and four members, all of them being full-time members.Apart from there full-time members, the commission also has its deemed members as the chairpersons of the National Commission for minorities, the National Commission for SCs and STs and the National Commission for women.The multi-membership is intended to reinforce the independence and impartiality of the commission of the five members including the chairperson, three are to possess high-level judicial background and the remaining must have knowledge of or practical experience in matters relating to Human Rights. The Chairman of NHRC must be a former Chief Justice of India.
Functioning of NHRC
NHRC can intervene in any legal proceedings involving an allegation of violation of Human Rights.It can visit, with the prior approval of the State Government, any jail to study the living conditions of the inmates and make recommendations.It can review the safeguards provided by or under the constitution or any law for the protection of Human Rights and recommend measures for their effective implementation.The Commission also reviews the factors including acts of terrorism, that inhibit the enjoyment of Human Rights and recommends remedial measures. NHRC also undertakes and promotes research in the field of Human Rights. If encourages the NGOs working in the field of Human Rights.
Autonomy of the NHRC
The Chairperson and the members is of the commission are appointed by the president on the bass of recommendations of a committee comprising the Prime Minister as the Chairperson, the Speaker of the Lok Sabha, the Home Minister, the leader of the opposition in the Lok Sabha and Rajya Sabha and the Deputy Chairperson of the Rajya Sabha as members.Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 which is popularly known as Domestic Violence Act, 2005 was enacted by the Parliament on 13th September 2005 and came into effect on 26th October 2006. It is a comprehensive Act which is primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives.
DOMESTIC VIOLENCE ACT, 2005
The protection of women from Domestic Violence Act, 2005.
Enacted by Parliament on 13th September, 2005.
Come into effect on 26th October, 2006.
It intends to provide protection to the wife or female live-in partner from violence at the hands of the husbands or male live-in partner or his relatives.
It also extends its protection to women who are sisters, widows or mothers.
Child abuse is also included in it.
Harassment by way of dowry demand is included under it as an offense.
Act provides for the appointment of protection officers by the Government to help the victims.
Punishment of one years maximum imprisonment and Twenty thousand rupees each or both to the offenders is mentioned.The Domestic Violence Act, 2005 is to extend its protection to women who are sisters, widows or mothers.
Domestic violence under the Domestic Violence Act 2005, includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economical.
Harassment by way of unlawful dowry demands to the women or her relatives would also be covered under this act as an offense.
Main features of the Domestic Violence Act, 2005
Domestic Violence Act,2005 widens the scope of the term women and also violence or abuse to them. The Act now covers women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguineous marriage or a relationship in the nature of marriage, or adoption in addition relation-ship with family members living together as a joint family are also included. Sisters, widows, mothers, single women or living with the abuser are entitled to get legal protection under this Act.The Definition of Domestic Violence has been modified under this Act and it includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic and further harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.Right to Secure Housing is one of the most important features of the Domestic Violence Act,2005. The Act provides for the woman’s right to reside in the matrimonial or shared household,whether or not she has any title or rights in the household. This right is secured by a residence order,which is passed by a court.Under the Act, court can pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace r any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.Domestic Violence Act, 2005, provides for appointment of protection officers and NGOs to provide assistance to the woman for medical examination, legal aid and safe Shelter.
Domestic Violence Act, 2005, provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offense punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Non-compliance or discharge of duties by the protection officer is also sought to be made an offense under the Act with similar punishment.Domestic Violence Act,2005 has covered the legal loophole in the Justice delivery system fr women in India, presently, where a woman is subjected to cruelty by her husband or his relatives. It is an offense under Section 498A of the IPC. The civil law does not, however address this issue in its entirety. Therefore, it was necessary to enact a law, keeping in view the rights guaranteed under articles 14, 15 and 21 in the Constitution of India to provide for a remedy under the Civil Law, which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. This Act is an important step in that direction.
Domestic Violence Act, 2005, provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offense punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Non-compliance or discharge of duties by the protection officer is also sought to be made an offense under the Act with similar punishment.Domestic Violence Act,2005 has covered the legal loophole in the Justice delivery system fr women in India, presently, where a woman is subjected to cruelty by her husband or his relatives. It is an offense under Section 498A of the IPC. The civil law does not, however address this issue in its entirety. Therefore, it was necessary to enact a law, keeping in view the rights guaranteed under articles 14, 15 and 21 in the Constitution of India to provide for a remedy under the Civil Law, which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. This Act is an important step in that direction.
Right to Information Act, 2005
Right to Information Act is a revolutionary step in the direction of making the system of governance and administration transparent and accountable to the people in India.RTI Act, 2005, was passed by the Parliament on 15th June 2005.
The Parliament repealed the Freedom of Information Act, 2002.
RTI Act, 2005, came into force on October 12, 2005.
Right to Information Act 2005, is to extend to whole of India except the State of Jammu & Kashmir.
Composition of CIC
Central Chief Information Commissioner - Shri Satyananda Mishra.
Central Information Commissioners - Annapurna Dixit, Shailesh Gandhi, M.L. Sharma, Mrs. Deepak Sandhu, Mrs. Sushma Singh Chief Information Commissioner. Central Information Commissioners as required, but, should not be more than 10.RTI, confers upon the citizens of India the legal right to seek any information regarding public work public record, documents, memos, contracts, reports, data and any other matter of public importance from the public authority within prescribed time limit through the stipulated procedure of depositing specified amount of fee and writing application to the appropriate authority.
Public authority means any body or institution of self-government established or constituted by or under the Constitution, by any other law made by the Parliament, by any other law made by State Legislature, any body setup by the government by notification and any NGO substantially owned or financed by the government.The public authorities are required to appoint Public Information Officers to provide Information to the people within 30 days of submission of application.
Public authority means any body or institution of self-government established or constituted by or under the Constitution, by any other law made by the Parliament, by any other law made by State Legislature, any body setup by the government by notification and any NGO substantially owned or financed by the government.The public authorities are required to appoint Public Information Officers to provide Information to the people within 30 days of submission of application.
Information on certain matters and from certain agencies are being excluded from the purview of RTI, these are as follows -
Information regarding ‘File noting’. Information, disclosure of which would prejudicial affect the sovereignty and integrity of India, the security, strategic, scientific or economic interest of the state, in relation with any foreign state. Information from Securities and Intelligence agencies, information regarding privilege of Parliament and Legislative Assemblies, information which has been expressly forbidden to be published by any Court of Law or tribunal or the disclosure of which may constitute contempt of court.
Central Information Commission
Right to Information Act, 2005, provides that the Central Government is to constitute a body to be known as the Central Information Commission to exercise the powers on it and to perform the function mentioned under this Act.The headquarters of the CIC, is to be at Delhi and CIC may, with the previous approval of the Central Government, establish offices at other places.
Appointment
The Chief Information Commissioner and Information Commissioners are to be appointed by the President of India on the recommendation of a committee consisting of -
The Prime Minister, who is to be the Chairman of the Committee.
The leader of opposition in Lok Sabha.
A Union Cabinet Minister to be nominated by the Prime Minister.
The Prime Minister, who is to be the Chairman of the Committee.
The leader of opposition in Lok Sabha.
A Union Cabinet Minister to be nominated by the Prime Minister.
Qualification, Term of Office and Condition of Service
The Chief Information Commissioner and Information Commissioners are to be persons of eminence in public life with wide knowledge and experience in Law, Science and Technology, Social Service, Management, Journalism, Mass Media or Administration and Governance. The CIC and ICs should not be a Member of Parliament or Member of the Legislative of any State or UT, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.The Chief Information Commissioner is to hold office for a term of 5 years or upto 65 years from the date on which he enters upon his office and is not to be eligible for reappointment.
Every Information Commissioner is to hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier and not to be eligible for reappointment as such Information Com-missioner though he could be Chief Information Commissioner.
The CIC and ICs before entering upon their offices are to make and subscribe before the President an oath or affirmation according to the form set up in the Act.The Chief Information Commissioner and Information Commissioners may at any time, by writing under his hand addressed to the President, resign from his office.Besides,the Chief Information Com-missioner or an Information Commissioner may be removed in the manner specified under the Act.
The salaries and allowances payable to and other terms and conditions of service of –
The Chief Information Commissioner is to be the same as that of the Chief Election Commissioner.
The Information Commissioner is to be the same as that of an Election Commissioner.
The Information Commissioner is to be the same as that of an Election Commissioner.
State Information Commissions
The Right to Information Act, 2005, mentions that every State Government is to constitute a body to be known as the Information Commission to exercise the powers conferred on, and to perform the functions as-signed to it under the RTI Act.
Appointment
The State Chief Information Commissioner and the State Information Commissioners are to be appointed by the Governor on the recommendation of a committee consisting of -Composition
The State Chief Information Commissioner.
The State Information Commissioners who should not be more than 10 number.Headquarter of State Information Commission is to be at such place in the State which the State Government may specify or the State Information Commission may with the previous approval of the State Government establish offices at other places in state
The Chief Minister, who shall be the chairperson of the committee.
The leader of Opposition in the Legislative Assembly.
A Cabinet Minister to be nominated by the Chief Minister.
The State Chief Information Commissioner is to supervise and manage the affairs of the State Information Commission and is to be assisted by the State Information Commissioners.Qualification and Terms of office and Conditions of service
The State Chief Information Commissioner and the State Information Commissioners are to be persons of eminence in public life with wide knowledge and experience in Law, Science and Technology, Social Service,Management,Journalism, Mass-Media or Administration and governance.
The State Chief Information Commissioner or a State Information Commissioner are not to be a member of Parliament or member of State Legislative Assembly of any State or UT of hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
The State Chief Information Commissioner and Information Commissioners are to hold office for five years or upto 65 years of age.
The State Chief Information Commissioner and State Information Commissioner are required to take oath before the Governor of the State.
The salaries and allowances payable to and other terms and conditions of service of the State Chief Information Commissioner is to be same as that of an Election Commissioner and of the State Information Commissioners same as that of the Chief Secretary to the State Government.
The State Chief Information Commissioner or a State Information Commissioner may resign from his office by writing under his address to the Governor and can be removed from his office by the order of the Governor on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the Governor has on inquiry, reported that the grounds are valid.
Powers and Functions of the Information Commissions
The Central Information Commission or State Information Commission are empowered to receive and inquire into a complaint from any person who could not get information from any public authority due to the reason of no appointment of PIO in that organization.
If the made request by any person for Information has been turned down by the public authority.If the information seeker could not get information within the time limit specified under RTI.
If the demanded fee by the public authority for providing information is unreasonably high.
If the information seeker thinks that he or she has been given incomplete, misleading or false information.
In respect of any other matter relating to requesting or obtaining access to records under this Act.
The Central Public Information Officer or the State Public Information Officer as the case may be is to be provided a reasonable opportunity of being heard before any penalty is imposed on him.
Burden of proving shall be upon the Information Officers.No suit is to be laid against any person for anything done in good faith.
The provision of this Act are to have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923.
The Right to Information Act has been continuously used by the active and aware member of Civil Society to expose corrupt practices in the administration and misappropriation of funds sanctioned for the execution of public welfare schemes.
Mrs. Aruna Roy, a social activist and winner of Magsaysay Award is actively associated with the task of popularizing Right to Information Act among the common people of the country.
Arvind Kejriwal, won the Magsaysay Award for popularizing Right to Information Act among the masses.
