Module 5: Human Rights in India — Enforcement Mechanisms

Learning outcomes

• describe the constitutional provisions for human rights in India;
• explain the role of the National Human Rights Act, 1993;
• distinguish between the roles of the Supreme Court and High Courts;
• list the major human rights commissions and their functions.

Start here: the simple idea

India guarantees human rights through its Constitution (Fundamental Rights, Directive Principles, Fundamental Duties) and through statutory bodies like the National Human Rights Commission and specialised commissions. The judiciary, especially the Supreme Court and High Courts, plays a vital role through Public Interest Litigation (PIL).

Constitutional provisions

• Fundamental Rights (Part III): Justiciable rights (Arts 12–35).
• Directive Principles (Part IV): Non-justiciable goals for governance (Arts 36–51).
• Fundamental Duties (Part IVA): Moral obligations of citizens (Art 51A).
• Preamble: Asserts justice, liberty, equality, and fraternity.

The Indian Constitution was the first to bifurcate civil-political rights (Fundamental Rights) and economic-social-cultural rights (Directive Principles), influencing the later UN Covenants of 1966.

Judicial organs

Court	Key provision	Role
Supreme Court	Article 32	Enforce Fundamental Rights; issue writs
High Courts	Article 226	Enforce FRs and other legal rights; wider jurisdiction than Art 32

Major commissions and mechanisms

National Human Rights Commission (NHRC)

• Established under the Protection of Human Rights Act, 1993.
• Functions: inquire into violations, promote human rights, review safeguards, study treaties and recommend implementation.
• Chairman: retired Chief Justice of India or Judge of Supreme Court.
• State Human Rights Commissions also established.

National Commission for Women (NCW)

• Reviews constitutional and legal safeguards for women; advises on policy.

National Commission for Protection of Child Rights (NCPCR)

• Reviews child rights safeguards; advises on policies and laws.

National Commission for Minorities

• Monitors safeguards for religious and linguistic minorities.

National Commission for Scheduled Castes and Scheduled Tribes

• Monitors safeguards for SCs and STs; investigates complaints.

Maharashtra State Commissions

• Maharashtra State Human Rights Commission
• Maharashtra State Commission for Women
• Maharashtra State Commission for Protection of Child Rights

Common mistakes

• Thinking PIL can only be filed by the aggrieved person (any public-spirited person can file PIL).
• Believing Art 32 can never be suspended (it can during emergency, except Arts 20 and 21).
• Confusing NHRC (human rights) with NCW (women only) or NCPCR (children only).

Memory rules

• NHRC Act = 1993.
• Art 32 = Supreme Court writs; Art 226 = High Court writs.
• NHRC = all human rights; NCW = women; NCPCR = children; NCM = minorities; NCSC/ST = SC/ST.
• PIL = public-spirited person can file; Social Action Litigation = Supreme Court's liberal approach.

Check your understanding

1. Under which article can a person directly approach the Supreme Court for violation of Fundamental Rights?
2. Name the Act under which NHRC was established.
3. Which commission deals specifically with women's rights?
4. Can a PIL be filed by any person or only by the victim?
5. What is the role of High Courts under Article 226?

Answers

1. Article 32.
2. Protection of Human Rights Act, 1993.
3. National Commission for Women (NCW).
4. Any public-spirited person or NGO can file PIL; the victim need not file.
5. High Courts can issue writs and enforce legal rights; wider jurisdiction than Art 32.

Quick revision box

• India = Fundamental Rights + Directive Principles + Fundamental Duties.
• NHRC Act = 1993.
• Art 32 = Supreme Court; Art 226 = High Courts.
• NHRC = all rights; NCW = women; NCPCR = child; NCM = minorities; NCSC/ST = SC/ST.
• PIL = any public-spirited person can file.
• Sarvodaya = universal upliftment of all (Gandhi).