In exercise of the powers conferred by Section 31 of the Protection of Human Rights Act

## Policy Analysis Report: Delegation of Powers under the Protection of Human Rights Act, 1993 (GNCT of Delhi, March 8, 2021) **1. Executive Summary:** This report analyzes a notification issued by the Government of the National Capital Territory of Delhi (GNCT of Delhi) on March 8, 2021, regarding the delegation of powers under Section 31 of the Protection of Human Rights Act, 1993. The notification confers the powers of a Special Public Prosecutor to Additional Public Prosecutors attached to the courts of Additional Sessions Judge-01 in each district of Delhi. This delegation is intended to expedite the handling of cases pending in designated courts under the Protection of Human Rights Act, 1993. The key finding is that this notification aims to improve the efficiency of the justice system in Delhi regarding human rights cases by empowering existing prosecutors. **2. Introduction:** The purpose of this report is to provide an informative analysis of the GNCT of Delhi notification, issued on March 8, 2021, concerning the delegation of powers under the Protection of Human Rights Act, 1993. This analysis is based solely on the text of the provided document. **3. Policy Overview:** This is a *new* policy regarding the delegation of powers under the existing Protection of Human Rights Act, 1993. * **Core Objective(s):** The core objective, as stated within the text, is to confer the powers of a Special Public Prosecutor, under Section 31 of the Protection of Human Rights Act, 1993, to Additional Public Prosecutors. This is done to deal with pending cases in designated courts related to this Act. The inferred objective is to expedite the resolution of these cases. **4. Background and Rationale:** As this is a *new* policy concerning delegation of power, the likely problem it addresses is a backlog or inefficiency in handling cases under the Protection of Human Rights Act, 1993 in Delhi. The delegation of prosecutorial powers to Additional Public Prosecutors suggests a need to increase the capacity and efficiency of the prosecution process for these specific cases. **5. Key Provisions / Changes:** As this is a new policy, the analysis covers the main provisions of the entire document. * The notification confers the powers of a Special Public Prosecutor under Section 31 of the Protection of Human Rights Act, 1993, to each Additional Public Prosecutor of the Directorate of Prosecution. * These Additional Public Prosecutors are attached to the court of Additional Sessions Judge-01 in each district of Delhi. These are designated courts for the purposes of this notification. * The delegation of power applies to cases pending in these designated courts under the Protection of Human Rights Act, 1993. * The delegation takes effect from the date the Additional Public Prosecutor assumes the charge of the post of Additional Prosecutor of the designated Court or Special Courts. * The power is conferred in pursuance of transfer or posting orders made by the Home Department Directorate of Prosecution. **6. Target Audience and Stakeholders:** Based on the provided text, the directly affected stakeholders are: * **Additional Public Prosecutors:** They are the recipients of the delegated powers. * **The Directorate of Prosecution:** As they play a role in assigning and managing the Additional Public Prosecutors. * **Courts of Additional Sessions Judge-01 in each district of Delhi:** Where the Additional Public Prosecutors will be exercising their delegated powers. * **Litigants involved in cases under the Protection of Human Rights Act, 1993:** They are indirectly affected as the change is meant to improve efficiency of justice delivery. * **Home Department, GNCT of Delhi:** Responsible for the issuance of the notification and related transfer/posting orders. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The key agencies involved are the Home Department of the GNCT of Delhi, the Directorate of Prosecution, and the designated courts (Additional Sessions Judge-01 in each district). * **Timelines/Procedures:** The delegation of power takes effect from the date the Additional Public Prosecutor assumes charge. The transfer and posting orders issued by the Home Department and Directorate of Prosecution trigger the implementation. * The Additional Public Prosecutors will take charge following established transfer/posting procedures already within the Directorate of Prosecution. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes, based on the policy's provisions, are: * **Expedited Resolution of Cases:** The delegation of powers aims to accelerate the processing and resolution of pending cases under the Protection of Human Rights Act, 1993. * **Increased Efficiency of Prosecution:** By empowering Additional Public Prosecutors, the policy intends to improve the efficiency of the prosecution process. * **Improved Justice Delivery:** Ultimately, the goal is to improve the overall delivery of justice in cases related to human rights violations. **9. Conclusion:** The GNCT of Delhi notification, issued on March 8, 2021, delegates the powers of a Special Public Prosecutor to Additional Public Prosecutors in designated courts to handle cases under the Protection of Human Rights Act, 1993. This policy appears to be a strategic measure to address the backlog of cases and improve the efficiency of the justice system in matters concerning human rights within the National Capital Territory of Delhi. The significance of this delegation lies in its potential to provide more timely and effective justice to those seeking redress under the Protection of Human Rights Act.

Key Entities Referenced