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Madhu Kishwar and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442

..... to women equality with men before the law, in particular, to administer property....'10. the parliament has enacted the protection of human rights act, 1993, section 2(b) defines human rights to mean 'the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution, embodied in the international ..... to breath life into the dry bones of the constitution, international conventions and the protection of human rights act, to prevent gender based discrimination and to effectuate rights act to life including empowerment of economic, social and cultural rights.14. as per the u.n. report 1980 'woman constitute half the world ..... by courts in india'. thereby the principles embodied in cedaw and the concomitant right to development became integral parts of the indian constitution and the human rights act and became enforceable. section 12 of protection of human rights act charges the commission with duty for proper implementation as well as prevention of .....

Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Reported in : 2001(5)ALD56; 2001(5)ALT52

..... that the law of limitation in criminal jurisprudence should be interpreted strictly. as the criminal justice system necessarily interferes or encroaches upon the human rights and fundamental rights guaranteed under part hi of the constitution of india as well as protection of human rights act, 1993, textual interpretation must lean in favour of the accused/offender. sri k.m. saxena, learned counsel for the first appellant ..... arguments of mr. b. adinarayana rao and mr. rama reddy could not be completed.let the court martial proceedings against col. d.d. pawar may continue without prejudice to his rights and contentions in this appeal and same shall be subject to result of this appeal. however, it is placed on record that mr. b. adinarayana rao states col. d.d .....

Peoples' Union for Civil Liberties, U.P. Bench Vs. State of U.P. and o ...

Court : Allahabad

Reported in : 2000(1)AWC729

..... findings :22.1. the purpose of the act reads thus :'an act 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 incidental thereto.'from this the intention of the parliament is crystal clear that s.h. ..... officer of the rank of a.d.g. is its incharge : the state government is endeavouring to protect the fundamental rights and human rights of the person and is taking all precautions to ensure that no violation of human rights or abatement thereof or negligence in the prevention of such violation by any one should take place ; the ..... is to this effect : the petitioner is a non-political organisation of such citizens of india who are committed to promote and protect, inter alia, human rights ; a copy of its alms and object is being filed as annexure-1 ; after recording his satisfaction that the circumstances existed for an immediate .....

Mykala Subbamma Vs. N. Srinivasa Rao and ors.

Court : Andhra Pradesh

Reported in : 2003(2)ALD49; 2003(3)ALT223

..... be subjected without his free consent to medical or scientific experimentation'. to the same effect is article 3 of european convention on human rights. the protection of human rights act, 1993 (central act no.10 of 1994) defines 'human rights' by section 2(d) as the right relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the international covenants and ..... by the general assembly of the united nations on 16-12-1966. by reason of the protection of human rights act, article 5 of the universal declaration on human rights and article of the international covenant on civil and political rights (iccpr) form part of fundamental rights chapter, especially article 21 of the constitution of india. in s.satyanarayana v. state of a.p.3, i have .....

People's Union for Civil Liberties and others Vs. the State of Maharas ...

Court : Mumbai

Reported in : 1999(4)BomCR608

..... independent agency and for the said purpose, the other cases can also be reopened and so far as the provisions referred to the human rights commission is concernedunder the relevant provisions of protection of human rights act, bar of limitation provided by other statutes will not come into play particularly in case of violation of article 21 of the ..... recurrence of the same by conducting the enquiry by some other investigating agency and also to set up other independent body to monitor and to save and protect the human rights and so on. it is also noticed that from the years 1995 onwards till the date of filing the writ petition, in the instant batch, ..... by and on behalf of the petitioners with reference to section 21 of chapter v of the protection of human rights act, 1993.section 21 in chapter v of the protection of human rights act, 1993 provides as under:-'21. constitution of state human rights commission:---( 1) a state government may constitute a body to be known as the .....(name of .....

Bipinchandra J. Divan and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : AIR2002Guj99; (2001)2GLR1394

..... from art. 21 of the constitution the supreme court has deduced an affirmative obligation to preserve human life. there is no parallel to the present colossal natural calamity as in india. in order to protect human rights as part of right flowing from art. 21, the supreme court has enforced obligations of the government, such as ..... government servants who were sought to be displaced as a result of the government policy of requisition of requisitioned premises. for the same purpose of protection of human rights in rakesh chand narain v. state of bihar, 1986 supp. scc 576 the state government was directed to raise the daily diet allocation to supply ..... of this order shall also be sent to the secretary general of national human rights commission for necessary action and intervention, if necessary, in redressing the complaints of violation of human rights in accordance with me provisions of section 12(b) of the protection of human rights act. (5) so far as care of orphaned children, as a result .....

Santhosh Hospitals Private Limited, Rep. by Its Administrative Officer ...

Court : Chennai

Reported in : AIR2005Mad348; (2005)3MLJ406

..... appropriate provisions of law'.16. mr. dinesh dwivedi, learned senior counsel for the petitioner, submitted that the protection of human rights act, 1993 ( hereinafter referred as the 'human rights act') deals only with violation of human rights 'by public servants' and not by others. he has submitted that the petitioner is not a public servant ..... of the penal code.28. in these circumstances, we are of the opinion that the protection of human rights act, 1993 has no application to the facts of the present case at all. since the human rights act was not applicable at all, we fail to see how the provisions of the said ..... doctor yoursfaithfully,seralathan vijayaraghavan5/65, second street, besant nagarworkers street,(balasubramani)' neelankarai10. on the basis of the complaint of the third respondent, the state human rights commission issued summons to the petitioner, the second respondent (chairman, authorisation committee), and dr. s. vijayaraghavan, the fourth respondent to appear before it .....

People's Union For Civil Liberties Vs. State Of U.P. and Another

Court : Allahabad

..... appropriate remedial steps. in fact, section 12 gives power, authority and jurisdiction of very wide amplitude to the commission so as to enable it to function as a body to protect human rights and further to prevent violation thereof. 4. section 13 gives various powers to the commission while inquiring into complaints. section 14 empowers the commission to utilise the services of officers ..... scheme of the act as also the functions and powers of national human rights commission and state human rights commission, which have been created under the act. the aforesaid act was enacted by parliament with a view to create and constitute national human rights commission, state human rights commissions in the states and human rights courts for better protection of human rights and for matters connected therewith or incidental thereto. the said enactment .....

Abdul Sathar Vs. Prl Secretary to Government

Court : Chennai

..... the government order and the consequent recovery when he had the full opportunity of placing his case before the shrc which is a statutory body mandated to protect the human rights of its citizens.19. in view of the above, the contentions raised by the petitioner are misconceived. accordingly, the writ petition will stand dismissed. however ..... third before any amount were to be recovered pursuant to acceptance of report of the commission by the state government. on the other hand, neither the protection of human rights act, 1993 nor the relevant service rule contemplated such multiple opportunities that too for a person who had violated law with impugnity. such undue sympathies or ..... paragraph 41 of the judgement, i have summed up the legal principles as follows:- (i) what is made under section 18 of the protection of human rights act by the state human rights commission is only a recommendation and it is neither an order nor an adjudication. (ii) such a recommendation made by the state .....

Sri. P. Hanumanthappa S/O. Late Sri. Dasappa Vs. the Home Secretary, t ...

Court : Karnataka

..... the prisoners who have been sentenced for imprisonment in particular.43. insofar the directions for constitution of a state human rights commission on the guidelines of national human rights commission and similar to that of other human rights commission constituted as per section 21 of the protection of human rights act, 1993 and given effect to by many other states, i am of the view that it is necessary ..... necessary that the state government bestows its attention in this regard and takes steps to establish a state human rights commission at the earliest.45. state to give effect to the provisions of section 21 of the protection of human rights act, 1993, and to constitute a state human rights commission at the earliest and at any rate to ensure that such a commission will be in .....