Human rights court

@ Author,

1. Sessions Court of the District concerned is considered as the Human Rights Court.

2. Under the CrPC a Sessions Judge cannot take cognizance of the offence. He can only try the cases committed to him by the ld. Magistrate under S. 193 of the Cr.P.C.

[Last reply]

Originally posted by : Tajobsindia
	@ Author,   1. Sessions Court of the District concerned is considered as the Human Rights Court.   2. Under the CrPC a Sessions Judge cannot take cognizance of the offence. He can only try the cases committed to him by the ld. Magistrate under S. 193 of the Cr.P.C.   [Last reply]

Sir thank you for the info. I am collecting all the information until the right time comes by. I sincerely appreciate your efforts in replying my query.

Besides, the state and national human rights commissions are functioning regularly wherein any human rights violation can be addressed very effectively and grievances are being redressed properly.

The Protection of Human Rights Act, 1993 provides for establishment of Human Rights Courts for the purpose of providing speedy trial of offences arising out of violation of human rights. It provides that the state Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Sessions to be a Human Rights Court to try the said offences. The object of establishment of such Courts at district level is to ensure speedy disposal of cases relating to offences arising out of violation of human rights.

The Act refers to the offences arising out of violations of human rights. But it does not define or explain the meaning of "offences arising out of violations of human rights". It is vague. The Act dose not give any clear indication or clarification as to what type of offences actually are to be tried by the Human Rights Courts. No efforts are made by the Central Government in this direction. Unless the offence is not defined the courts cannot take cognizance of the offences and try them. Till then the Human Rights Courts will remain only for namesake.

Sessions Court of the district concerned is considered as the Human Rights Court. Under the Criminal Procedure Code, 1973 a Sessions Judge cannot take cognizance of the offence. He can only try the cases committed to him by the magistrate under Section 193 of the Cr.P.C.

The Supreme Court also held same view in Moly & another V. State of Kerala, 2004(2) Criminal Court Cases 514. Consequently the trial of all the cases under the Prevention of Atrocities Act were stopped and all the cases were sent to the Courts of jurisdictional Magistrates. Thereafter the respective Magistrates took cognizance of the cases and committed them to the Special Courts. The Special Courts started trying the cases after they were committed to them. The Act was later amended giving the Special Courts the power to take cognizance of the offences under Act.