Human Rights Act has anomalies: HC

PTI | 05:09 PM,Sep 07,2010
Madurai, Sept 7 (PTI) Highlighting some anomalies and shortcomings in the Protection of Human Rights Act 1993, the Madras High Court today expressed the hope that lawmakers will enact appropriate amendments to make it "workable".Justice S Nagamuthu of the Madurai bench said sections 2(d) and 30 of the Act were vague. A conjoint reading of these two provisions may lead one to believe that all offences committed by public servants relating to human rights shall be tried only the human rights courts.Nagamuthu made the observation while disposing of a batch of petitions by police personnel and other public servants questioning the recommendations of the National Human Rights Commission, including slapping of fine, against them.He said provisions of the IPC would reflect that most of the penal provisions could be brought within the ambit 2(d) of the HR Act. "If this section is so understood, it will automatically oust the jurisdiction of the ordinary criminal courts against public servants," the judge said."For example, if a policeman meted out cruelty to his wife and committed an offence under Sec 498-A of the IPC or if the father of a public servant commits suicide due to abetment by a public servant, such cases may have to be tried only by human rights courts. Surely this position would not have been intended by the lawmakers." He said the HR Act was silent as to whether HR courts can try the non-public servants along with the public servants for the commission of offence by all of them as a group. This anomaly also should be addressed.Observing that NHRC's recommendations were not binding on any party, including the government, Nagamuthu said neither the accused nor the victim could approach the high court challenging the NHRC's order until the government took a decision either to accept or reject it.