Human Rights Commissions in India, while impactful, face challenges in confronting powerful entities. Structural and practical limitations include resource constraints and lack of enforcement powers. Strengthening legislation, ensuring independence, and bolstering resources can empower these commissions to effectively counteract infringements by the powerful, fortifying human rights protection.
UPSC Mains General Studies Paper – 2 Mains 2021
UPSC Mains Civil Services IAS Exam Question Paper – 2021
Approach
- Start with a brief intro of the keyword “Human Rights Commissions”.
- Explain the role and function of commission in success in furthering human rights.
- Discuss on structural and practical lacunas(limitations) of NHRC.
- Highlight the steps taken and needed to make it more effective.
- Conclusion accordingly.
Answer
Introduction
- The Protection of Human Rights Act (PHRA) of 1993 was enacted on October 12, 1993, with subsequent amendments made by the Protection of Human Rights (Amendment) Act of 2006 and the Human Rights (Amendment) Act of 2019. It was created in accordance with the Paris Principles, which were agreed in Paris in October 1991 for the promotion and protection of human rights and endorsed by the United Nations General Assembly in December 1993. It serves as a watchdog for the country’s human rights, which include rights to life, liberty, equality, and dignity guaranteed by the Indian Constitution or enshrined in international accords and enforced by Indian courts.
Body
The role and function of Human Rights Commissions: It establishes a five-member body, consisting of a chairman and four members. The chairman must have previously served as the Chief Justice of India or as a judge of the Supreme Court. The Commission plays a crucial role in furthering human rights in India by actively promoting, protecting, and ensuring the effective implementation of human rights laws and principles. Here are some key roles and functions of the commission:
- Safeguarding Human Rights: The commission acts as a watchdog for human rights in the country, monitoring and investigating any violations of these rights. It receives complaints, conducts inquiries, and takes necessary action to address human rights violations, ensuring justice and redressal for victims.
- Public Awareness and Education: It conducts educational programs, disseminates information, and organises campaigns to promote a culture of human rights, thereby fostering a more inclusive and equitable society.
- Policy Recommendations: These recommendations aim to strengthen existing laws, introduce new legislation, and improve the overall human rights framework in the country.
- Human Rights Advocacy: It represents India’s stance on human rights matters, engages in dialogue with relevant stakeholders, and participates in discussions to shape global human rights standards and practices.
- Monitoring Government Actions: The commission monitors the actions and policies of the government to ensure they align with human rights principles. It scrutinises legislation, policies, and administrative practices to identify any potential human rights violations or shortcomings, and provides recommendations for corrective measures.
- Collaboration and Cooperation: The commission collaborates with various stakeholders, including civil society organisations, non-governmental organisations (NGOs), and international bodies, to strengthen human rights protection. It engages in dialogue, cooperates on joint initiatives, and shares best practices to enhance the promotion and protection of human rights.
Structural and practical limitations of NHRC: While the National Human Rights Commission (NHRC) in India plays a significant role in promoting and protecting human rights, there are certain structural and practical limitations that can affect its effectiveness. Here are some of the key lacunas or limitations of the NHRC:
- Lack of Binding Power: One of the primary limitations of the NHRC is its lack of binding power. The recommendations and decisions made by the commission are not legally binding on the government or other authorities. This hampers the enforcement of its directives and limits its ability to ensure effective remedies for human rights violations.
- Limited Investigative Authority: It cannot independently initiate investigations in certain cases, such as those related to the armed forces or paramilitary forces. This restriction affects the commission’s ability to thoroughly investigate and address all human rights abuses.
- Insufficient Resources: The NHRC often faces resource constraints, including inadequate staffing, infrastructure, and funding. These limitations can impact its capacity to effectively handle the large number of complaints it receives and conduct comprehensive investigations. Insufficient resources may also hinder the commission’s efforts to raise public awareness and carry out educational programs on human rights.
- Delays in Processing Cases: The lengthy processing time can cause frustration among complainants and undermine public confidence in the commission’s ability to provide timely justice. It also limits the commission’s responsiveness in addressing urgent human rights issues.
- Limited Jurisdiction: It does not have jurisdiction over violations committed by non-state actors or private entities. This narrow jurisdiction restricts its ability to address a wide range of human rights issues and hold all perpetrators accountable.
- Inadequate Follow-up Mechanisms: The lack of a robust mechanism to track and ensure implementation of the commission’s directives diminishes its effectiveness in bringing about meaningful change and redressal for victims.
Remedial measures for Human Rights Commission: The National Human Rights Commission (NHRC) in India, the following remedial measures can be considered:
- Legislative Reforms: This would enable the commission to issue enforceable orders and directives, ensuring that its recommendations and decisions are complied with by the government and relevant authorities..
- Expanded Jurisdiction: Broaden the commission’s jurisdiction to cover human rights violations by non-state actors and private entities.
- Strengthen Investigative Authority: Provide the commission with independent and unrestricted power to initiate investigations, including cases involving armed forces and paramilitary forces.
- Timely Disposal of Cases: This can be achieved through the establishment of clear timelines for case processing and the allocation of adequate resources to address the commission’s caseload efficiently.
- Strengthen Follow-up Mechanisms: This may involve regular reporting by the concerned authorities on the progress made in implementing the commission’s recommendations, and taking necessary action in cases of non-compliance.
- Independence and Autonomy: Safeguard the independence and autonomy of the NHRC by ensuring its financial and administrative independence from the government. This can be achieved by providing the commission with an independent budget and a transparent appointment process for its members, free from any political influence.
Conclusion
- Hence, The Commission’s role and functions in India are vital for advancing human rights, ensuring accountability, and creating an environment where the rights and dignity of every individual are respected and upheld.
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