国家人权委员会作为印度的执法制度:一个批判性的评价

Ramesh kumar
{"title":"国家人权委员会作为印度的执法制度:一个批判性的评价","authors":"Ramesh kumar","doi":"10.53724/inspiration/v7n2.02","DOIUrl":null,"url":null,"abstract":"The deprivation and denial of the life and liberty of humans are very common in spite of the enforcement system of human rights, subject to exceptions. The State Human Rights Commissions (SHRCs) are for the better protection of human rights but the term ‘may’ have been used by the competent central legislature of India which has the connotation that to constitute the SHRC is at the discretion of the State governments but discretion cannot be arbitrary and against the Indian Constitution. Some state governments of India still did not constitute the SHRC so far now in these circumstances how the better protection of human rights shall be possible? In the States where SHRCs has been constituted but due to the shortage of staff members or manpower to perform the functions as conferred on the SHRCs, now how the human rights shall be protected of people? In addition to the aforesaid, large pendency of cases also is existent. Whether the Legal Legislative Mandate of the Parliament by way of the Protection of Human Rights Act 1993 (TPHRA) with the intention and objectives of this statue is being complied with or not by the state governments? Keeping in the special views as aforesaid, this research has been conducted which covers the existing State Human Rights Commissions (S.H.R.C.s), functions, power, procedure, the compositions, vacant posts, pendency, disposals, recommendations, registered cases on Suo-motu about the complaints in the furtherance of rule of law and in the adherence of Rule of Law in a democratic society.","PeriodicalId":156863,"journal":{"name":"Research Inspiration: An International Multidisciplinary e-Journal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"State Human Rights Commissions as Enforcement System in India: A Critical Appraisal\",\"authors\":\"Ramesh kumar\",\"doi\":\"10.53724/inspiration/v7n2.02\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The deprivation and denial of the life and liberty of humans are very common in spite of the enforcement system of human rights, subject to exceptions. The State Human Rights Commissions (SHRCs) are for the better protection of human rights but the term ‘may’ have been used by the competent central legislature of India which has the connotation that to constitute the SHRC is at the discretion of the State governments but discretion cannot be arbitrary and against the Indian Constitution. Some state governments of India still did not constitute the SHRC so far now in these circumstances how the better protection of human rights shall be possible? In the States where SHRCs has been constituted but due to the shortage of staff members or manpower to perform the functions as conferred on the SHRCs, now how the human rights shall be protected of people? In addition to the aforesaid, large pendency of cases also is existent. Whether the Legal Legislative Mandate of the Parliament by way of the Protection of Human Rights Act 1993 (TPHRA) with the intention and objectives of this statue is being complied with or not by the state governments? Keeping in the special views as aforesaid, this research has been conducted which covers the existing State Human Rights Commissions (S.H.R.C.s), functions, power, procedure, the compositions, vacant posts, pendency, disposals, recommendations, registered cases on Suo-motu about the complaints in the furtherance of rule of law and in the adherence of Rule of Law in a democratic society.\",\"PeriodicalId\":156863,\"journal\":{\"name\":\"Research Inspiration: An International Multidisciplinary e-Journal\",\"volume\":\"20 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-03-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Research Inspiration: An International Multidisciplinary e-Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.53724/inspiration/v7n2.02\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Research Inspiration: An International Multidisciplinary e-Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.53724/inspiration/v7n2.02","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1

摘要

剥夺和剥夺人的生命和自由是非常普遍的,尽管有执行人权的制度,但也有例外。邦人权委员会(SHRCs)是为了更好地保护人权,但“可能”一词已被印度主管的中央立法机构使用,其内涵是,组成邦人权委员会由邦政府酌情决定,但酌情决定不能武断,也不能违反印度宪法。到目前为止,印度的一些邦政府仍然没有组成人权委员会,在这种情况下,如何可能更好地保护人权?在已成立人权委员会但由于缺乏工作人员或人力来履行赋予人权委员会的职能的国家,现在如何保护人民的人权?除上述情况外,还存在大量未决案件。州政府是否遵守议会通过1993年《保护人权法》(TPHRA)的法定立法授权以及该法令的意图和目标?在上述特别意见的基础上,这项研究涵盖了现有国家人权委员会的职能、权力、程序、组成、空缺职位、待审、处置、建议、在Suo-motu上登记的关于促进法治和在民主社会中遵守法治的投诉案件。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
State Human Rights Commissions as Enforcement System in India: A Critical Appraisal
The deprivation and denial of the life and liberty of humans are very common in spite of the enforcement system of human rights, subject to exceptions. The State Human Rights Commissions (SHRCs) are for the better protection of human rights but the term ‘may’ have been used by the competent central legislature of India which has the connotation that to constitute the SHRC is at the discretion of the State governments but discretion cannot be arbitrary and against the Indian Constitution. Some state governments of India still did not constitute the SHRC so far now in these circumstances how the better protection of human rights shall be possible? In the States where SHRCs has been constituted but due to the shortage of staff members or manpower to perform the functions as conferred on the SHRCs, now how the human rights shall be protected of people? In addition to the aforesaid, large pendency of cases also is existent. Whether the Legal Legislative Mandate of the Parliament by way of the Protection of Human Rights Act 1993 (TPHRA) with the intention and objectives of this statue is being complied with or not by the state governments? Keeping in the special views as aforesaid, this research has been conducted which covers the existing State Human Rights Commissions (S.H.R.C.s), functions, power, procedure, the compositions, vacant posts, pendency, disposals, recommendations, registered cases on Suo-motu about the complaints in the furtherance of rule of law and in the adherence of Rule of Law in a democratic society.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信