Karnataka High Court Strikes Down Rule Allowing Direct Complaints to Human Rights Courts

Karnataka High Court Strikes Down Rule Allowing Direct Complaints to Human Rights Courts

The Karnataka High Court has struck down Rule 6 of the Karnataka State Human Rights Courts Rules, 2006, which permitted victims to directly file private complaints before designated Sessions Courts as Human Rights Courts, bypassing mandatory inquiry by the Human Rights Commission. 

The Court found the Rule unconstitutional and ultra vires the Protection of Human Rights Act, 1993. The Court observed this bypass disrupts the legislative scheme and violates Section 41 of the Act. 

The Court emphasized that the Act doesn’t envisage direct access to courts, unlike statutes with stand-alone offences. The ruling will have a prospective effect only.

[Vijay Mahantesh Mathapati & Others v State of Karnataka & Anr]

Read Order / 7 months ago

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