Trial of “Offences Arising Out of Violation of Human Rights”- A Study on the Human Rights Courts of Gujarat (India)
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Type
Article
Date
2023-09
Journal Title
Indian Journal of Law and Justice
Journal Editor
Bandyopadhyay, Rathin
Journal ISSN
Volume Title
Publisher
University of North Bengal
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Kaundal, R., & Shanthakumar, S. (2023). Trial of “Offences Arising Out of Violation of Human Rights”- A Study on the Human Rights Courts of Gujarat (India). Indian Journal of Law and Justice, 14(2), 292–322. https://ir.nbu.ac.in/handle/123456789/5074
Authors
Kaundal, Ruchita
Shanthakumar, S.
Advisor
Editor
Abstract
Protection of Human Rights Act, 1993(the ‘PHRA’) came into force on
28th September 1993 and is the primary legislation for protecting Human Rights
in India. The PHRA aims to provide better human rights protection to the people
by setting up Human Rights Court(s) (HRC) for providing speedy trial of
“offences arising out of violation of human rights”. The PHRA, however, does
not define or lay down the “offences” that can be construed as arising out of
violation of human rights. The paper aims to understand the phrase “offences
arising out of violation of human rights” through the interpretation adopted by
the Higher Courts of India. Seeking guidance therefrom the authors enlist some
of the “offences” within the Indian Penal Code, 1860 which the HRC(s) can try
as “offences arising out of violation of human rights”. Furthermore, to determine
whether the failure to list the offences impedes the practical operation of the
HRC(s), the paper conducts an in-depth study of the cases filed before the HRC(s)
in the State of Gujarat. Besides that, the authors conduct a survey among the
advocates who practice in these courts, to determine their understanding of the
phrase "offences arising from violations of human rights," since they're a
layperson's first point of contact within the judicial system. The authors conclude
that the failure to codify the nature of offences triable before the HRC(s) causes
confusion among advocates, undermining the institution's potential. The PHRA
should therefore be amended to include the offences that can be tried before the
HRC(s).
Description
Citation
Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
14
Issue Number
2
ISSN No
0976-3570
eISSN No
Pages
Pages
292 - 322