LEGAL FRAMEWORK FOR PROTECTION OF HUMAN RIGHTS IN INDIA

Indian Constitution is the main source from which flow most of the human rights available to the Indian citizens.

International bill of rights: India being signatory to various international treaties relating to human rights, the rights flowing from following international covenants are enforceable by law in India.The prominent international covenants are:

  • Universal declaration of Human Rights, 1948
  • International covenants on Economic, Social and Cultural Rights, 1966
  • International covenants on Civil and Political Rights, 1966

Following legislative enactments are made in India for the protection of human rights of various sections of society.

  1. The Protection of Civil Rights Act, 1955
  2. Suppression of Immoral Traffic in Women and Girls Act,1956
  3. Maternity Benefit Act, 1961
  4. Dowry Prohibition Act, 1961
  5. Equal Remuneration Act, 1976
  6. Bonded Labour (Abolition) Act, 1976
  7. Employment of Children Act, 1938 (Amended in 1985)
  8. The Child Labour (Prohibition and Regulation) Act,1986
  9. Juvenile Justice Act, 1986
  10. Indecent Representation of Women (Prohibition) Act,1986
  11. Sati (Prevention) Act, 1987
  12. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
  13. The National Commission for Women Act, 1990
  14. The National Commission for Minorities Act, 1992
  15. The National Commission for Safari Karamcharis Act,1993
  16. The National Commission for Backward Classes Act, 1993
  17. The Mental Health Act, 1993
  18. The Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995
  19. Protection of Children from Sexual Offences Act, 2012.
  20. The Juvenile Justice (Care and Protection of Children) Act, 2015
  21. Rights of Persons with Disabilities Act, 2016
  22. Protection of Women from Domestic Violence Act, 2005
  23. The Legal Services Authority Act, 1987
  24. Right to Education Act, 2009
  25. Right to Information Act, 2005
  26. National Rural Employment Guarantee Act, 2005
  27. The Human Rights Protection Act, 1993.
  28. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forrest Rights) Act (2006)
  29. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (2013)
  30. The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act (2014)
  31. Jan Dhan Account
  32. Ujjwala gas connections
  33. Pradhan Mantri Awaas Yojana
  34. Triple talaq
  35. National Portal for Transgender Persons, Garima Greh

INSTITUTIONS FOR PROTECTION OF HUMAN RIGHTS IN INDIA

The following Commissions have been constituted under relevant laws for protection of human rights at National and State level

  1. National and State Human Rights Commissions constituted under Sections 3 & 21 of the Protection of Human Rights Act, 1993.
  2. National and State Level Commissions for Backward Classes constituted under Section 3 of the National Commission for Backward Classes Act, 1993.
  3. National and State Level Commissions for Minorities constituted under Section 3 of the National Commission for Minorities Act, 1992.
  4. National Commission for Protection of Child Rights constituted under Section 3 of the National Commission for Protection of Child Rights Act, 2005.
  5. National Commission for Scheduled Castes constituted as per Article 338 of the Constitution.
  6. National Commission for Scheduled Tribes constituted under Article 338A of the Constitution.
  7. National Commission for Women constituted under Section 3 of the National Commission for Women Act, 1990.