The National Human Rights Commission (NHRC) in India serves as a pivotal institution tasked with safeguarding human rights across the nation. However, its efficacy largely hinges upon robust support from complementary mechanisms that enforce governmental accountability. The NHRC stands as a vital supplement to the judiciary and other institutions, enhancing the promotion and protection of human rights standards. While the judiciary offers legal recourse and adjudicates on human rights violations, the NHRC operates as a proactive body, conducting investigations, raising awareness, and recommending remedial actions to address systemic issues. Moreover, the NHRC’s ability to collaborate with government agencies and civil society organizations amplifies its impact, ensuring a multi-dimensional approach towards human rights protection. Furthermore, its role extends beyond reactive measures, engaging in preventative strategies such as policy advocacy and capacity-building initiatives. By synergizing with existing institutions, the NHRC reinforces accountability mechanisms, thereby fostering a culture of respect for human rights at both systemic and societal levels. This collaborative approach underscores the NHRC’s significance as a cornerstone of India’s human rights framework.
Tag: Statutory, regulatory and various quasi-judicial bodies
Decoding the Question:
- In the Introduction, try to give a brief description of NHRC and its role.
- In Body,
- Write the role of NHRC as an effective complement to the judiciary and other institutions in promoting and protecting human rights standards.
- Also, mention certain limitations.
- In Conclusion, write about the overall importance of NHRC and suggest measures to make it more effective.
Answer:
The Protection of Human Rights Act, 1993 defines “Human Rights” as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India. The National and the State Human Rights Commissions are the embodiment of India’s concern for the promotion and protection of human rights.
National Human Rights Commission:
- It is a multi-member body consisting of a chairman and four members. A person who has been the Chief Justice of India or a judge of the Supreme Court is a chairman.
- The chairman and members are appointed by the President on the recommendations of a six-member committee consisting of the Prime Minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Union Home Minister.
- The chairman and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.
- The President can remove the chairman or any member from the office under some circumstances.
The Role of NHRC as an Effective Complement to the Judiciary and other institutions:
- The National Human Rights Commission is an example of “fourth branch institutions.” The other three branches are the legislature, the executive, and the judiciary, with each branch acting as a check and a balance upon the others.
- Under the Protection of Human Rights Act, the Human Rights Commissions are empowered to inquire into the violations of human rights committed by state authorities, either upon petitions presented to them or upon their own initiative.
- During the inquiries, the Commissions are granted identical powers to that of civil courts.
- These proceedings are deemed to be judicial proceedings, and they require that any person, who may be prejudicially affected by their outcome, has a right to be heard.
- The commission has its own nucleus of investigating staff for inquiry into complaints of human rights violations.
- It is empowered to utilize the services of any officer or investigation agency of the Central government or any state government for the purpose. It has also established effective cooperation with the NGOs with first-hand information about human rights violations.
- It can also visit any jail or any other institution under the control of the State Government to see the conditions of the inmates and to make recommendations on it.
- The commission can review the safeguards provided under the Constitution or any law for the protection of human rights and can recommend remedial measures.
- It also undertakes and promotes research in the field of human rights.
- It works to spread human rights literacy in society and promotes awareness of the safeguards available for the protection of these rights through media, publications, seminars, and other means.
- The commission has the authority to recommend payment of compensation or damages.
Limitations of the NHRC:
- Investigation Mechanism: NHRC does not have any mechanism of investigation. In the majority of cases, it asks the concerned Central and State Governments to investigate the cases of the violation of Human Rights.
- Decision Enforcing Power: NHRC can only make recommendations, without the power to enforce decisions.
- Underestimation & Inadequacy of Funds: Many times NHRC is viewed as a post-retirement destination for judges and bureaucrats with political affiliation moreover, the inadequacy of funds also hampers its working.
- Neglected Recommendations: The government often out rightly rejects recommendations of NHRC or there is partial compliance to these recommendations.
- Limitations of Powers: State human rights commissions cannot call for information from the national government, which means that they are implicitly denied the power to investigate armed forces under national control.
Reforms made to make NHRC more Effective:
- Need for Restructuring: There is a need for a complete revamping of NHRC to make it more effective and truly a watchdog of human rights violations in the country.
- Enforcement of Decisions: NHRC efficacy can be enhanced by the government if commission decisions are made enforceable.
- Inclusion of New Members: There is a need to change in composition of the commission by including members from civil society and activists.
- New Laws & Transparency: Many laws in India are very old and archaic in nature by amending which government can bring more transparency in regulations.
- Enhance and Strengthen Participation: To improve and strengthen the human rights situation in India, state and non-state actors need to work in tandem.
NHRC plays a crucial role in ensuring the State’s accountability in a democracy committed to a ‘culture of justification.’ The recent amendment to the Protection of Human Rights Act, 1993 will make the NHRC and State Human Rights Commissions more compliant with the Paris Principle “concerning its autonomy, independence, pluralism, and wide-ranging functions in order to effectively protect and promote human rights.”
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