Article – 51 of the constitution of India provides that the state should strive to
(a) Promote international peace and security,
(b) Maintain just and honorable relations between nations;
(c) Foster respect for international law and treaty obligations in the dealings of organized peoples with one another;
(d) Encourage settlement of international disputes by arbitration.
Pursuant to the direction enshrined in Article 51 of the constitution of India and International Commitments, the Parliament has passed the protection of human rights Act 1993. The Act provides for the setting of ‘National Human Rights Commission’ and Human Rights court to meet the growing concern for human rights in the country and in abroad. The similar commission may also be set up in the state but it would not be mandatory for the state government to constitute a state Human Rights Commission.
National Human Rights Commission (NHRC) of India was constituted on 12 October 1993 under the Protection of Human Rights Ordinance. The provisions of the Act will be applicable to the Armed Forces and also to the state of Jammu and Kashmir. However, the action taken against the personnel of the Armed Forces for violation of Human Rights will not be made public as it will affect their morale in dealing with anti-social elements.
The Human Rights Commission will have the power to go into instances of negligence on the part of public service personnel in preventing violence. The commission will, if necessary, publish interim reports, annual reports along with the action taken by the Government which will be presented in the Parliament.
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