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LATEST NEWS UPDATES | Set up human rights court in each district: SC -Amit Anand Choudhary

Set up human rights court in each district: SC -Amit Anand Choudhary

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published Published on Jul 27, 2015   modified Modified on Jul 27, 2015
-The Times of India

NEW DELHI: In order to ensure speedy trial in cases of human rights violations, the Supreme Court has asked all the states to set up special courts in each district. It has also directed the state governments to install CCTV cameras in all prisons, apart from police stations, within one year to keep an eye on activities which may lead to human rights violations of inmates.

"With regard to CCTV cameras in prison, we see no reason why all the states should not do so. CCTV cameras will help go a long way in preventing violation of human rights of those in jails. It will also help the authorities in maintaining proper discipline among the inmates and taking corrective measures wherever abuses are noticed. This can be done in our opinion expeditiously and as far as possible within a period of one year from the date of this order," a bench of Justices T S Thakur and R Banumathi said.

It expressed concern that except Sikkim, no other state complied with the provisions of the Human Rights Act for setting up special courts in each district.

"There is nothing on record to suggest that the governments have at all made any attempt in this direction or taken steps to consult the chief justices of the respective high courts. The least what the state governments can and ought to do is to take up the matter with the chief justices of high courts of their respective States and examine the feasibility of specifying Human Rights Court in each district," the bench said.

"The state governments shall take appropriate action in terms of Section 30 of the Protection of Human Rights Act, 1993, in regard to setting up/specifying human rights courts," it said.

The bench also raised question on why state human rights commission (SHRC) has not been set up in Delhi, which witnessed the second largest number of rights violation cases and set a deadline of six moths to form the rights watchdog panel. It also directed Arunachal Pradesh, Mizoram, Meghalaya, Tripura and Nagaland to set up SHRC.

The bench rejected the plea of state governments that setting up of SHRC was not mandatory for them.

"The significance of the human rights and the need for their protection and enforcement is thus beyond the pale of any debate. The movement for the protection of such rights is not confined only to India alone. It is a global phenomenon. It is, in this backdrop that the provisions of Section 21 of the Act need to be examined. It is true that a plain reading of the provisions may give the impression that the setting-up of a SHRC rests in the discretion of the state government. But a closer and more careful analysis of the provisions contained in the Act dispel that impression," the bench said.

The slew of directions passed by the bench for protection of human rights included installation of CCTV camera in police stations.

Terming the excesses committed by investigation officials on a crime suspect as "state terrorism", the bench said such action by state authorities may only provide legitimacy to terrorism.


The Times of India, 26 July, 2015, http://timesofindia.indiatimes.com/india/Set-up-human-rights-court-in-each-district-SC/articleshow/48221185.cms


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