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Legislation

Protection of Human Rights Act, 1993

29 Supreme Court judgments cite this Act.

JAWANT P. SANKPALversusSUMAN GHOLAP & ORS.

2010 INSC 43928 July 2010Dismissed

The petitioner challenged the order of the Maharashtra State Human Rights Commission, which had found that police officials tortured the complainant's son while in custody under Section 12(a) of the Protection of Human Rights Act, 1993, and had recommended compensation. The High Court dismissed the petitioner's writ, h

ARIF MD. YEASIN JWADDERversusSTATE OF ASSAM AND ORS.

2025 INSC 78528 May 2025Appeal(s) allowed

The appellant, a lawyer, filed a public interest litigation alleging that up to 171 police encounters in Assam between 2021 and 2022 were fake and that the State had violated the procedural safeguards laid down in the People’s Union for Civil Liberties (PUCL) guidelines. The Gauhati High Court dismissed the petition as

G. MANIKYAMMA & OTHERSversusROUDRI CO-OPERATIVE HOUSING SOCIETY LTD. & OTHERS

2014 INSC 103225 November 2014Disposed off

The case concerned a dispute over 25 acres of land in Hyderabad that had been declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976. Roudri Co‑operative Housing Society claimed purchase of the land, while hut‑dwellers (encroachers) occupied part of it. The State Human Rights Commission ordered the en

JUSTICE K S PUTTASWAMY (RETD.), AND ANR.versusUNION OF INDIA AND ORS.

2017 INSC 80124 August 2017Reference answered

The case arose from a reference to a nine-judge bench to determine whether the right to privacy is a constitutionally protected fundamental right under the Indian Constitution, particularly in light of the Aadhaar scheme's collection of biometric data. The petitioners argued that privacy is an intrinsic part of the rig

DILIP K. BASUversusSTATE OF WEST BENGAL & ORS.

2015 INSC 52424 July 2015Disposed off

The Supreme Court examined petitions seeking directions to set up State Human Rights Commissions (SHRCs) in several states that had failed to do so under the Protection of Human Rights Act, 1993. The Court held that the word "may" in Section 21 of the Act does not make the power to constitute SHRCs discretionary; it is

BEENU RAWAT & ORSversusUNION OF INDIA & ORS.

2013 INSC 76019 November 2013Case Allowed

Petitioners, volunteers of the Aam Aadmi Party, protested at Gokul Puri Police Station demanding registration of an FIR for an alleged rape. They allege that police rounded them up and beat them with lathis, causing injuries, and that the police’s version of a violent crowd is unsupported by video evidence. The respond

REMDEO CHAUHAN @ RAJNATH CHAUHANversusBANI KANT DAS AND ORS.

2010 INSC 79619 November 2010Case Allowed

The petitioner, Remdeo Chauhan, was convicted of murder and sentenced to death, which was later commuted to life imprisonment by the Governor of Assam after a recommendation from the National Human Rights Commission (NHRC). Relatives of the victims challenged the commutation, arguing that the NHRC lacked jurisdiction a

MEDHA KOTWAL LELE AND OTHERSversusUNION OF INDIA

2012 INSC 48819 October 2012Disposed off

The Supreme Court heard a group of public‑interest writ petitions concerning the ineffective implementation of the Vishaka guidelines on sexual harassment at workplaces. The Court examined affidavits from State Governments showing that many had failed to amend the Central Civil Services (Conduct) Rules and the Industri

J.S. YADAVversusSTATE OF U.P. & ANR.

2011 INSC 31118 April 2011Case Partly allowed

J.S. Yadav, a District Judge, was appointed a Member of the Uttar Pradesh State Human Rights Commission for a five‑year term in 2006 under the Protection of Human Rights Act, 1993. After the 2006 amendment to the Act introduced a seven‑year experience requirement for District Judges, the State Government issued a notif

PEOPLE'S UNION FOR CIVIL LIBERTIESversusUNION OF INDIA AND ANR.

2005 INSC 3518 January 2005Matter referred to larger bench

A vacancy arose in the National Human Rights Commission (NHRC) and a retired Director of the CBI, a former police officer, was appointed as a member under Section 3(2)(d) of the Protection of Human Rights Act, 1993. The petition challenged his eligibility, arguing that police officers are disqualified and that the appo

K. SARAVANAN KARUPPASAMY & ANR.versusSTATE OF TAMIL NADU & ORS.

2014 INSC 63516 September 2014Disposed off

The petitioners, leaders of a human‑rights NGO, filed a writ of mandamus under Article 32 seeking a CBI or SIT investigation into the violent clash between Dalit and Thevar students at Dr. Ambedkar Government Law College, Chennai on 12 November 2008, alleging police inaction and subsequent harassment. They also complai

L. MURUGANANTHAMversusSTATE OF TAMIL NADU & OTHERS

2025 INSC 84415 July 2025Directions issued

L. Muruganantham, a person with Becker Muscular Dystrophy and autism, was arrested on a false complaint and detained in Central Prison, Coimbatore. He alleged that the prison failed to provide adequate medical care, nutrition, and disability‑friendly facilities, leading to a deterioration of his health. The State Human

KARMA DORJEE & ORSversusUNION OF INDIA AND ORS

2016 INSC 112314 December 2016Disposed off

The petitioners, a group of advocates, filed a public‑interest writ under Article 32 seeking a court‑directed mechanism to curb racial discrimination against citizens from India's North‑Eastern states. Citing several media‑reported incidents and invoking Articles 15, 32 and 51A(e) of the Constitution, the International

EXTRA JUDL. EXEC. VICTIM FAMILIES ASSN. & ANR.versusUNION OF INDIA & ORS.

2017 INSC 62014 July 2017Hearing Adjourned

The Supreme Court entertained a public‑interest writ filed by Victim Families Association on behalf of relatives of 1,528 alleged fake‑encounter victims in Manipur, holding that third‑party petitions are maintainable where access to justice is denied. It ruled that the State must investigate alleged extrajudicial killi

VISHAKA AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1997 INSC 60413 August 1997Disposed off

The Supreme Court entertained a class-action writ petition filed by Vishaka and NGOs seeking enforcement of the fundamental rights of working women under Articles 14, 19(1)(g) and 21 of the Constitution, prompted by a gang‑rape incident in Rajasthan. The Court held that sexual harassment of women in the workplace viola

SURESH KUMAR KOUSHAL AND ANOTHERversusNAZ FOUNDATION AND OTHERS

2013 INSC 82311 December 2013Appeal(s) allowed

The Supreme Court examined the constitutional validity of Section 377 of the Indian Penal Code, which criminalises "carnal intercourse against the order of nature". The petitioners argued that the provision violated Articles 14, 15 and 21 of the Constitution by arbitrarily classifying "unnatural" acts, being vague, and

N.C. DHOUNDIALversusUNION OF INDIA AND ORS.

2003 INSC 70311 December 2003Case Partly allowed

In 1994 the CBI searched and later arrested a telecom officer, later filing a corruption charge‑sheet. The officer complained to the National Human Rights Commission (NHRC) alleging illegal detention and harassment. After an initial dismissal, the NHRC, treating the complaint as a review petition, found a prima facie c

PARAMJIT KAURversusSTATE OF PUNJAB AND ORS.

1998 INSC 35710 September 1998Dismissed

The Supreme Court was approached by the Union of India for clarification of its earlier order directing the National Human Rights Commission (NHRC) to investigate alleged mass human‑rights violations in Punjab. The NHRC raised preliminary objections, contending that Section 36(2) of the Protection of Human Rights Act,

COMMON CAUSEversusUNION OF INDIA AND ORS.

2012 INSC 22110 May 2012Disposed off

Common Cause filed a writ petition under Article 32 seeking a mandamus directing the President of India to refer allegations against the Chairman of the National Human Rights Commission to the Supreme Court under Section 5(2) of the Protection of Human Rights Act, 1993. The allegations, communicated on 4 April 2011 by

KAPILA HINGORANIversusSTATE OF BIHAR

2003 INSC 2939 May 2003Directions issued

The Supreme Court entertained a public‑interest writ petition alleging that numerous Bihar‑owned public sector undertakings had failed to pay salaries for years, leading to starvation deaths and suicides of employees and their families. The petition sought directions for payment of arrears and held the State of Bihar l

NATIONAL HUMAN RIGHTS COMMISSIONversusSTATE OF ARUNACHAL PRADESH AND ANR.

1996 INSC 389 January 1996Case Allowed

The National Human Rights Commission filed a writ petition under Article 32 on behalf of about 65,000 Chakma refugees settled in Arunachal Pradesh, alleging persecution, quit notices and threats of eviction by the All Arunachal Pradesh Students Union. The Chakmas had applied for Indian citizenship under Section 5(1)(a)

BANI KANTA DAS AND ANR.versusSTATE OF ASSAM AND ORS.

2009 INSC 7708 May 2009Case Partly allowed

A writ petition under Article 32 challenged the Governor of Assam's order commuting a death sentence to life imprisonment for the murder of four family members. The commutation was based on a recommendation from the National Human Rights Commission (NHRC). The Supreme Court examined whether the NHRC had jurisdiction to

IN RE: MANOJ TIBREWAL AKASHversusABC

2024 INSC 8636 November 2024Disposed off

The Supreme Court examined the demolition of Manoj Tibrewal’s ancestral house, which had been declared part of a national‑highway widening project. The State authorities demolished the house after only a public “munadi” announcement, without any written notice, without disclosing the extent of encroachment, the width o

UNION OF INDIA & ANRversusONKAR NATH DHAR

2021 INSC 3825 August 2021Appeal(s) allowed

The case concerned a retired Intelligence Bureau officer, Onkar Nath Dhar, who continued to occupy a government‑allotted residence after superannuation. The Delhi and Punjab & Haryana High Courts, relying on the J.L. Koul decision, allowed him to retain the accommodation on compassionate grounds, treating it as a right

PRITHIPAL SINGH ETCversusSTATE OF PUNJAB & ANR. ETC.

2011 INSC 7844 November 2011Dismissed

The Supreme Court considered appeals by five police officials convicted for the abduction, illegal detention and murder of human‑rights activist Jaswant Singh Khalra. The trial court and High Court had found the appellants guilty based on the testimony of several witnesses, including an accomplice, despite the absence

MRS. VALSAMMA PAUL ETC.versusCOCHIN UNIVERSITY AND ORS. ETC.

1996 INSC 164 January 1996Dismissed

The appellant, a Syrian Catholic (a forward caste) married a Latin Catholic fisherman (a backward class) and was appointed as a lecturer to a post reserved for Latin Catholics under Articles 15(4) and 16(4) of the Constitution. The appointment was challenged on the ground that she was not entitled to reservation benefi

PARAMVIR SINGH SAINIversusBALJIT SINGH & ORS.

2020 INSC 6722 December 2020Directions issued

In Paramvir Singh Saini v. Baljit Singh & Ors., the Supreme Court revisited its earlier directions (April 3, 2018) requiring the use of photography and videography at crime scenes. The Court noted that compliance affidavits filed by 14 States and 2 Union Territories were inadequate, lacking details on the exact locatio

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