Trial of “Offences Arising Out of Violation of Human Rights”- A Study on the Human Rights Courts of Gujarat (India)

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).