SC seeks govt reply on rights courts

PIL seeks to set-up human rights courts in each district of country

The Supreme Court on Monday issued notice to the Centre and the states, including Union Territories on a PIL seeking to set-up human rights courts in each district, across the country for the speedy trial of cases involving human right violations.

The bench of Chief Justice Ranjan Gogoi, Justice Deepak Gupta and Justice Aniruddha Bose sought response from the Centre and the states on a plea by law student, invoking section 30 and 31 of the Protection of Human Rights Act 1993 that mandates states to set-up special humans right courts and appoint Special Public Prosecutors for the these courts.

Section 30 of the Protection of Human Rights Act provides that the state government, with the concurrence of Chief Justice of high court, by notification specify for each district a court of session, as a court of Human Rights for speedy trial of offences qua violation of Human Rights. The section 31 of the human right law provides that the state government shall appoint Special Public Prosecutor for the purpose of conducting cases in these courts.

“To uphold and protect the basic and Fundamental Rights of an individual, it is an indispensible obligation upon the state to provide affordable, effective and speedy trial of offences related to violation of Human Rights, which can only be achieved by setting up special courts in each district, as provided under the Act”, the PIL petitioner law student Bhavika Phore told the court.

The PIL petitioner has further contended that the setting up Human Rights Courts would provide the victims of human rights abuse, “a quick and efficacious access to justice which is constitutional obligation of the state”

The court was told that it was obligatory on the state to “respect, protect and uphold the basic human rights of its citizens, as such rights are inalienable, indivisible and universal, which can never be compromised in any circumstances or at any cost.”

Petitioner said that setting up Human Rights Courts would provide victims of human rights abuse a quick and efficacious access to justice