Court : Andhra Pradesh
Reported in : 1997(5)ALD761; 1997(2)ALD(Cri)568; 1998CriLJ561
..... the police while in custody and accepted the contention that since in the state, human rights courts are created, the petitioner-appellant ought to have lodged complaint before the human rights court constituted under section 30 of the protection of human rights act, 1993 instead of invoking the jurisdiction of this court under article 226 of the ..... courts in india. while the act speaks of the establishment of a national human rights commission and the states' human rights commissions and inquiries by the human rights commission in the cases of violation of human rights, section 30, which speaks of the creation of human rights courts, does not speak of any power in the said court to either ..... upon information received from any person other than a police officer or upon his own knowledge. court of session, however, cannot do so and accordingly human rights courts also cannot take cognizance of the offence as the court of the first instance. there is, thus an error in the impugned judgment in .....
Tag this Judgment!Court : Karnataka
Reported in : 2011(2)KCCR1567; 2011(3)KantLJ683; 2011ILR(Kar)2545
..... person filed a private complaint under section 200 of cr.p.c. read with section 30 of the protection of human rights act, 1993 (for short the act) before the sessions judge, tumkur, alleging certain human rights violated by the persons named as accused herein. the learned sessions judge on presentation of the complaint, developed ..... to proceed against the respondents. firstly, this court has no power under the protection of human rights act, 1993, to conduct inquiry or the investigation into the matters relating to violation of human rights, in view of the establishment of state human rights commission by the government of karnataka under section 21 of the said act. the ..... is independent and fair operating the state. before, however sessions judge are empowered to act as human rights courts and before, other steps are taken to introduce in the state an independent system for the protection of human rights, the normal law must take its course and if nothing else is possible to do, a .....
Tag this Judgment!Court : Chennai
..... are not maintainable at this stage. 8. in order to resolve this issue, let us begin the journey with the scheme of "the protection of human rights act, 1993". chapter iii of the the protection of human rights act, 1993 deals with the functions and powers of the commission and chapter iv deals with the procedure. 9. having taken note of the ..... . keeping in mind the above observations of the hon'ble supreme court, let me now have a glimpse of the relevant provisions of the act. section 12 of the protection of human rights act, 1993 read as follows:- "12. functions of the commission.- the commission shall perform all or any of the following functions, namely:- (a) inquire, suo motu ..... 31. thus, both the acts are in pari materia and so, the law laid down in the judgements cited supra shall be applicable to cases under the protection of human rights act as well. as held by the hon'ble supreme court in various judgements, which i have extracted above, including the larger bench of the hon'ble .....
Tag this Judgment!Court : Chennai
..... are not maintainable at this stage. 8. in order to resolve this issue, let us begin the journey with the scheme of "the protection of human rights act, 1993". chapter iii of the the protection of human rights act, 1993 deals with the functions and powers of the commission and chapter iv deals with the procedure. 9. having taken note of the ..... . keeping in mind the above observations of the hon'ble supreme court, let me now have a glimpse of the relevant provisions of the act. section 12 of the protection of human rights act, 1993 read as follows:- "12. functions of the commission.- the commission shall perform all or any of the following functions, namely:- (a) inquire, suo motu ..... 31. thus, both the acts are in pari materia and so, the law laid down in the judgements cited supra shall be applicable to cases under the protection of human rights act as well. as held by the hon'ble supreme court in various judgements, which i have extracted above, including the larger bench of the hon'ble .....
Tag this Judgment!Court : Kerala
..... incidental thereto. clause (d) of section 2 of the act define 'human rights' to mean the rights relating to life, liberty, equality and ..... by the commission. 7. the protection of human rights act, 1993 (hereinafter referred to as 'the act') was enacted by the central government to provide for the constitution of a national human rights commission, state human rights commissions in states and human rights courts for better protection of human rights and for matters connected therewith or ..... has filed this writ petition seeking various reliefs, contending that, ext.p1 complaint filed before the commission is not maintainable under the protection of human rights act, 1993 (hereinafter referred to as 'the act') and that ext.p4 order passed by the commission is absolutely without any .....
Tag this Judgment!Court : Kerala
..... . wpc2068014 27 45. the universal declaration of human rights, 1948, inter alia, declares that motherhood and childhood are entitled to special care and assistance. all children, whether born in or out of wedlock, shall enjoy the same social protection. in terms of the convention on the rights of child, article 3 thereof mandates that in ..... . it is, however, further held that the convention has significant persuasive value since it represents an evolving international consensus on the nature and specific contents of human rights norms.55. in w.b. v. kesoram industries ltd.14 at page 401, a constitution bench of the hon'ble supreme court has held thus: ..... the international treaty obligations, the learned counsel has referred to article 25(2) of the universal declaration of human rights, 1948, articles 4, 10 (1), 10(2) and 10(3) of the international convention on civil & political rights, 1966, articles 17 and 33 of the beijing declaration and platform for action - fourth world conference on .....
Tag this Judgment!Court : Supreme Court of India
..... . judicial decisions have significant implications for internet/digital privacy. (v) privacy under the european convention on human rights and the european charter in europe, there are two distinct but related frameworks to ensure the protection of the right of privacy. the first is the european convention on human rights (echr), an international agreement to protect human rights and fundamental freedoms in europe. the second is the charter of fundamental ..... the rule of law put into force mechanisms for their enforcement and protection. human rights are universal in nature. the universal declaration of human rights (hereinafter referred to as udhr) adopted by the general assembly of the united 10-12-1948 recognises and requires the observance of certain universal rights, articulated therein, to be human rights, and these are acknowledged and accepted as equal and inalienable and necessary .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD(Cri)256
..... must respond to the grievance of the petitioners. be it noted that the right to seek redressal in a properly constituted forum/court is a human right recognised even under the universal declaration of human rights, 1948, which is now part of the indian law by reason of section 30 of the protection of human rights act, 1993. article 8 of the universal declaration reads as under:'everyone ..... has the right to an effective remedy by the competent national tribunals for acts violating .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN225
..... of india and anr. reported in 2005(1) supreme 454, it was submitted on behalf of the petitioner that scheme of the protection of human rights act, 1993 is to protect and implement human rights including those envisaged in article 21 of the constitution and international covenants. the apex court held that 'the functions include understanding and dissemination ..... was then submitted that law does not permit ignoring the report of enquiry held under the direction of the human rights commission.14. no doubt, the investigation under the protection of human rights act and that under the criminal procedure code were conducted by statutory agencies. it is also a fact that the former leads to ..... sphere and of the supreme court as well as of the high courts in judicial flora. it was further submitted that the object of the protection of human rights act will be frustrated if the findings of such commission are just brushed aside by the result of investigation made by some other agency. it .....
Tag this Judgment!Court : Chennai
..... payment of compensation.11. the protection of human rights act, 1993, (hereinafter referred to as the "act") was enacted 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 and incidental thereto. chapter iii of the protection of human rights act, 1993, deals with ..... person, commission may recommend to the government for grant of immediate interim relief to the victim or the member of the family. by virtue of protection of human rights (amendment) act, 2006, w.e.f. 13.09.2006, section 18 stood amended and it specifically provided for recommendation to the concerned government ..... of the post cannot be a deterrent, so as to take them out of the ambit of "public servant" for the purposes of the protection of human rights act, 1993. therefore, this contention raised on by the petitioner also does not merit acceptance. 18. it is to be noted that the .....
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