“Fundamental Violations of human rights always lead to people feeling less and less human.”- Aung San Kui
“Violation of rights relating to life and equality guaranteed by the Constitution amounts to a violation of human rights,” the Kerala HC observed, while giving judgement in the case of, Kottayam Municipality v. The Chairperson & Ors. It further held that State Human Rights Commission has the right to order for compensation over the violation of Human Rights.
A division bench of Justice S Manikumar and Justice Murali Purushothaman, upheld the decision where State Human Right Commission ordered municipality to pay Rs. 50,000 as compensation to the street vendor for evicting him and taking away his articles, kept for sale. Violation of Fundamental rights as well as human rights can be seen in this instant matter.
Court also noted that “The street vendor’s right to livelihood has been deprived otherwise than in accordance with a just and fair procedure established by law. Consequently, it follows that the Municipality has infringed the fundamental rights of the vendor under Article 21 of the Constitution. Violation of rights relating to life and equality guaranteed by the Constitution amounts to violation of human rights.”
Section 18(a) (i) of the Protection of Human Rights Act: when an inquiry by the Commission discloses violation of human rights in some form by a public servant, it may recommend to the concerned government authority to pay compensation for damages to the victim.