Section 38 of The Protection of Human Rights Act, 1993 in hindi
No suit or other legal proceeding shall lie against the Central Government, State Government, Commission, the State Commission or any Member thereof or any person acting under the direction either of the Central Government, State Government, Commission or the State Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or any order made thereunder or in respect of the publication by or under the authority of the Central Government, State Government, Commission or the State Commission of any report, paper or proceedings.
Summary
- No legal lawsuit or prosecution can be filed against the Central or State Governments for actions done in good faith under the Act.
- The National Commission, State Commissions, and their individual Members are completely protected from legal action for good faith work.
- This total legal immunity applies to anyone acting under the official direction of the Governments or the Commissions.
- The protection covers everything done or intended to be done while following the Act, its rules, or its orders.
- No legal action can be taken against these bodies or individuals for publishing reports, papers, or official proceedings.
Practical examples
FAQ
1. Who is protected from lawsuits under Section 38 of The Protection of Human Rights Act, 1993?
Under Section 38 of The Protection of Human Rights Act, 1993, protection from lawsuits is granted to the Central Government, State Governments, the National Commission, State Commissions, their Members, and anyone acting under their directions.
2. What is the key requirement for protection under Section 38 of the 1993 Human Rights Act?
Under Section 38 of the 1993 Human Rights Act, the action must have been done, or intended to be done, in good faith in pursuance of the Act, its rules, or its orders.
3. Are official publications protected under Section 38 of the human rights law?
Under Section 38 of the human rights law, no suit or legal proceeding can lie against the Governments or Commissions in respect of the publication of any report, paper, or proceedings.
4. Can an officer be sued for carrying out directions under Section 38 of the 1993 Act?
Under Section 38 of the 1993 Act, any person acting under the direction of the Central Government, State Government, Commission, or State Commission is fully protected from legal proceedings.
Test yourself
Q1.Under Section 38 of The Protection of Human Rights Act, 1993, what is the crucial standard an action must meet to receive legal protection?
Q2.Under Section 38 of the 1993 Human Rights Act, which of the following is explicitly protected from legal proceedings when done under authority?
Q3.Under Section 38 of the human rights law, which person or entity does NOT receive immunity for actions done in good faith?
Q4.Under Section 38 of the Protection of Human Rights Act, 1993, which of the following types of legal proceedings is barred for protected actions?