PIL to fulfill statutory obligation as per sections 30 & 31 of the Protection of Human Rights Act 1993.

Ms. Bhavika Phore, student of Lloyd Law College filed a PIL Bhavika v. Union of India & Ors. W.P. (c) no. 819/2019. The petition was filed under article 32 of the Constitution of India to direct the respondents to fulfill their statutory obligations as per sections 30 & 31 of the Protection of Human Rights Act 1993 and for the establishment of Human Rights courts in each and every district including all union territories for the speedy trial and speedy justice.

The Petitioner through this Petition was invoking the writ jurisdiction of the Hon’ble Supreme Court under Article 32 of the Constitution of India to direct the concerned authorities to fulfil their statutory obligations with regard to setting up/specifying special Human Right Courts in each district for the better protection of Human Rights and also to appoint a Special Public Prosecutor for the same, vis-à-vis section 30 and 31 of the Human Rights Act, 1993.

Under Section 30 of the Human Rights Act, is a special Human Rights court which ought to be specified in every district of the country. Even though this provision has been in place since 1993, states haven’t specified any such court. A possible reason for the same is that the Section 30 makes does not make the specification of such courts mandatory. Rather, it merely enables the state government to specify such courts.