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1. Short title, extent and commencement
(1)
This Act may be called the Protection of Human Rights Act, 1993.
(2)
It
extends to the whole of India. Provided that it shall apply to the State of
Jammu and Kashmir only in so far as it pertains to the matters relatable to any
of the entries enumerated in List I or List III in the Seventh Schedule to the
Constitution as applicable to that State.
(3)
It shall be deemed to have come into force on the 28th
day of September, 1993.
2. Definitions
(1)
In this Act, unless the context otherwise requires-
(a)
"armed forces" means the naval, military and air forces
and includes any other armed forces of the Union;
(b)
"Chairperson" means the Chairperson of the Commission or
of the State Commission, as the case may be;
(c)
“Commission" means the National Human Rights Commission
considered under section 3;
(d)
"human rights" mean the rights relating to life, liberty,
equality and dignity of the individual guaranteed by the Constitution or
embodied in the International Covenants and enforceable by courts in India;
(e)
"Human Rights Court" means the Human Rights Court
specified under section 30;
(f)
"International Covenants" means the International
Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights adopted by the General Assembly of the
United Nations on the 16th December, 1966;
(g)
"Member" means a Member of the Commission or of the State
Commission, as the case may be, and includes the Chairperson;
(h)
"National Commission for Minorities" means the National
Commission for Minorities constituted under section 3 of the National Commission
for Minorities Act, 1992;
(i)
"National Commission for the Scheduled Castes and Scheduled
Tribes" means the National Commission for the Scheduled Castes and
Scheduled Tribes referred to in article 338 of the Constitution;
(j)
"National Commission for Women" means the National
Commission for Women constituted under section 3 of the National Commission for
Women Act, 1990;
(k)
"Notification" means a notification published in the
Official Gazette;
(l)
"Prescribed" means prescribed by rules made under this
Act;
(m)
"Public servant" shall have the meaning assigned to it in
section 21 of the Indian Penal Code;
(n)
"State Commission" means a State Human Rights Commission
constituted under section 21.
(2) Any reference in this Act to a law, which
is not in force in the State of Jammu and Kashmir, shall, in relation to that
State, be construed as a reference to a corresponding law, if any, in force in
that State.
Posted on 2002-04-21
remarks:3 |