Mains Marathon 2024

Approach Start with a brief introduction about the National Human Rights Commission(NHRC). Highlight functions and achievements of NHRC. Mention the challenges faced by NHRC. Propose Recommendations for Improvement. Conclude Suitably.

Introduction

The National Human Rights Commission (NHRC) of India, established under the Protection of Human Rights Act, 1993, is tasked with protecting and promoting human rights in the country. Its mandate includes investigating complaints of human rights violations, reviewing laws, and spreading awareness about human rights.

Body

Functions and Achievements of NHRC

• Core Functions: :
  • The NHRC operates under the Protection of Human Rights Act, 1993, which outlines its powers, functions, and responsibilities.
  • The NHRC investigates complaints, conducts inquiries, visits jails, reviews constitutional and legal safeguards, and undertakes research and awareness campaigns.
• Notable Case Interventions :
  • Kunan Poshpora Mass Rape Case: The NHRC intervened in the Kunan Poshpora mass rape case of 1991 in Jammu and Kashmir, leading to compensation for the victims and highlighting the need for justice and accountability in cases of sexual violence by security forces.
  • Muzaffarnagar Riots: In the aftermath of the 2013 Muzaffarnagar riots, the NHRC's intervention resulted in relief and rehabilitation measures for the victims, showcasing its role in addressing communal violence and ensuring justice.
  • Fake Encounter Cases: The NHRC has taken suo motu cognizance of fake encounter cases, such as those in Manipur, leading to investigations and actions against the perpetrators, thereby upholding the rule of law and justice.
• Policy Influence :
  • Juvenile Justice Act Amendments: The NHRC's recommendations played a crucial role in amending the Juvenile Justice Act, making it more comprehensive in protecting the rights of children.
  • Protection of Women from Domestic Violence Act: The NHRC's advocacy led to significant changes in the Protection of Women from Domestic Violence Act, strengthening legal provisions to safeguard women against domestic abuse.
  • Prison Reforms : The NHRC has conducted numerous visits and inspections of prisons across the country, leading to recommendations for improving living conditions, ensuring the rights of prisoners, and addressing issues like overcrowding and inadequate medical facilities.
• Protecting Human Rights Awareness
  • Annual Reports: The NHRC's annual reports provide a comprehensive overview of the state of human rights in India, highlighting significant issues and recommending actions to address them. These reports serve as valuable resources for policymakers, researchers, and activists.
  • "Know Your Rights" Campaign: The NHRC has conducted numerous awareness campaigns, such as the "Know Your Rights" campaign, aimed at educating marginalized communities about their rights and the mechanisms available for redressal.
  • Workshops and Seminars: The NHRC regularly organizes workshops and seminars to promote human rights education and awareness among the public, law enforcement agencies, and government officials

Challenges Faced by NHRC

• Non-Binding Nature of Recommendations:
  • Although the NHRC investigates human rights violations and provides recommendations, it cannot compel authorities to take specific actions. Its influence remains largely moral rather than legal.
• Inability to Punish Violators:
  • The NHRC lacks the authority to punish violators. Despite identifying perpetrators of human rights abuses, the NHRC cannot directly impose penalties or award relief to victims. This limitation undermines its effectiveness.
• Limited Role in Armed Forces Cases:
  • The NHRC’s jurisdiction over human rights violations by armed forces is restricted. Cases involving military personnel often fall outside the NHRC’s purview, hindering comprehensive accountability.
• Time Limitations in Case of Historical Human Rights Violations:
  • The NHRC cannot consider violations reported after one year. This limitation prevents the NHRC from addressing historical or delayed human rights grievances effectively.
• Resource Constraints:
  • The NHRC faces resource shortages. With a high caseload and limited resources, the NHRC struggles to handle investigations, inquiries, and public awareness campaigns efficiently.
  • Several state human rights commissions are working without their chief, and like the NHRC they are also going through a shortage of staff.
• Lack of Independence:
  • The NHRC’s composition relies on government appointments. Ensuring complete independence from political influence remains a challenge, affecting its credibility.
• Need for Proactive Interventions:
  • The NHRC often responds reactively to complaints. A more proactive approach, including preventive measures and early intervention, could enhance its impact.

Steps Need to be Taken to Strengthen Working of NHRC:

• Improve the Scope and Effectiveness:
  • Broaden the NHRC’s mandate to address emerging human rights challenges effectively. For example Artificial Intelligence, Deep Fake, Climate Change etc.
• Granting Enforcement Powers:
  • Empower the NHRC with punitive powers to enforce its recommendations. This would enhance accountability and compliance.
• Composition Reforms:
  • The current composition lacks diversity. Appoint members from civil society, activists, and experts to ensure a holistic perspective.
• Developing an Independent Cadre:
  • The NHRC faces resource constraints. Establish an independent cadre of staff with relevant expertise in human rights issues.
• Strengthening State Human Rights Commissions:
  • State Human Rights Commissions need support. Facilitate collaboration, capacity building, and knowledge sharing among state commissions.
• Advocacy and Public Awareness:
  • Reactive responses may limit the impact. Engage in proactive advocacy, awareness campaigns, and education to empower citizens about their rights.
• International Cooperation:
  • India can benefit from international experiences. Collaborate with international human rights bodies, learn from their practices, and adopt relevant strategies.

Conclusion

The NHRC plays a crucial role in addressing human rights violations in India. While it has made significant strides in policy influence and awareness, its effectiveness is hampered by limited powers, resource constraints, and perceived lack of autonomy. Strengthening its legal powers, ensuring independence, improving resources, streamlining processes, and enhancing public engagement are essential steps to enhance the NHRC's capacity to safeguard human rights in India.