Table of Contents:
- About the National Human Rights Commission in India
- Briefly state the role of the National Human Rights Commission in India. ( UPPSC 2019)
- Though the Human Rights Commissions have contributed immensely to the protection of Human rights in India, they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures. ( UPSC 2021)
About the National Human Rights Commission in India:
The Human Rights Commission of India is commonly referred to as the National Human Rights Commission (NHRC). It is an autonomous statutory body established under the Protection of Human Rights Act, of 1993, and it was amended in 2006.
The National Human Rights Commission (NHRC) is composed of a Chairperson and eight other members. The retired Chief Justice of India is eligible for the Chairperson of the National Human Rights Commission (NHRC).
President appoints chairperson and members of the National Human Rights Commission (NHRC) after a recommendation from the Selection Committee comprised of the Prime Minister (Chairman), Speaker of Lok Sabha, Union Home Minister, Deputy Chairman of Rajya Sabha, and leaders of the Opposition of the both Houses of the Parliament.
The primary functions of the National Human Rights Commission (NHRC) include the:
- Inquiring into complaints of human rights violations.
- Conducting investigations and making recommendations to the government for the protection of human rights.
- Spreading awareness and promoting human rights education.
- Monitoring the implementation of human rights policies and initiatives.
Question.
Briefly state the role of the National Human Rights Commission in India.
(UPPSC General Studies-II Mains 2019)
Answer.
The National Human Rights Commission (NHRC) in India is an independent statutory body established under the Protection of Human Rights Act, 1993. Its role is to promote and protect human rights across the country.
Some of the key functions and roles of the National Human Rights Commission (NHRC) are as follows:
Investigating Human Rights Violations:
The NHRC is empowered to inquire into complaints of human rights violations and take necessary actions to address them. It can conduct investigations into cases of custodial deaths, police atrocities, violation of prisoners' rights, and other instances of human rights abuses.
Recommendations and Interventions:
The Commission can recommend appropriate actions to be taken against the violators of human rights, however, the recommendation of the National Human Rights Commission (NHRC) is non-binding. It has the authority to intervene in ongoing proceedings before courts relating to human rights issues.
Promotion and Awareness:
NHRC works towards creating awareness about human rights and promoting a culture of respect for human dignity among all sections of society. It conducts workshops, seminars, and educational programs to disseminate information about human rights.
Policy Review:
The NHRC reviews existing laws, policies, and measures concerning human rights and suggests necessary reforms and changes to strengthen human rights protection.
Prison Visits:
The National Human Rights Commission (NHRC) conducts visits to prisons and detention centers to monitor the conditions of inmates and ensure their fundamental rights are upheld.
Human Rights Education:
National Human Rights Commission (NHRC) plays a significant role in human rights education and training for law enforcement agencies, public servants, and other stakeholders to sensitize them about human rights issues and their importance.
Research and Studies:
The National Human Rights Commission (NHRC) conducts research and studies on various aspects of human rights and publishes reports to highlight critical issues and recommend appropriate actions.
Suo Motu Action:
National Human Rights Commission (NHRC) can take suo motu action (on its own) based on media reports or credible information regarding human rights violations.
Question.
Though the Human Rights Commissions have contributed immensely to the protection of Human rights in India, they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures.
(UPSC General Studies-II Mains 2021)
Answer.
The National Human Rights Commission (NHRC) has many structural and practical limitations, some of which are listed below:
Limited Enforcement Power:
The Human Rights Commission in India lacks the authority to enforce its recommendations, making it difficult to ensure compliance by powerful entities.
Independence and Autonomy:
The commissions' effectiveness might be hindered if they are not entirely independent from government influence or lack financial autonomy.
Limited Investigative Powers:
Inadequate investigative powers can hamper their ability to gather evidence and conduct thorough investigations into human rights violations.
Lack of Public Awareness:
A lack of awareness about the role and functions of human rights commissions can limit their impact, as people might not know how and when to approach them.
Backlog of Cases:
A significant number of pending cases can slow down the process and discourage individuals from seeking justice through the commission.
Remedial Measures for Limitation of National Human Rights Commission (NHRC):
Enhanced Enforcement Power:
The recommendation of the National Human Rights Commission (NHRC) is not legally binding, so amendment of legislation is needed to ensure that their recommendations are legally binding.
Strengthen Independence:
Ensure that the appointment and functioning of members are transparent and free from political influence, granting them financial autonomy.
Empower Investigative Authority:
Grant the commissions sufficient investigative powers, similar to that of a civil court, to ensure comprehensive fact-finding in human rights violation cases.
Awareness Campaigns:
Conduct awareness programs to educate the public about their rights and how to approach the human rights commissions, increasing accessibility.
Capacity Building:
Provide the commissions with adequate resources, staffing, and technology to handle cases efficiently, reducing the backlog.
Collaboration with Civil Society:
Foster partnerships with civil society organizations to leverage their expertise and reach in promoting human rights awareness.
Periodic Review and Evaluation:
Conduct regular assessments of the commission's performance, identifying areas for improvement and taking corrective actions.
ConversionConversion EmoticonEmoticon