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09 Dec 2023
GS Paper 2
Polity & Governance
Day 18 : Analyse the powers and limitations of the National Human Rights Commission (NHRC) in investigating and redressing the complaints of human rights violations. (150 Words)
- Start with a brief introduction to the role and significance of the National Human Rights Commission (NHRC) in safeguarding human rights.
- Discuss the powers and functions of NHRC and the challenges faced by it in fulfilling its mandate.
- Conclude Suitably.
Introduction
The National Human Rights Commission (NHRC) is a statutory body established in 1993 under the Protection of Human Rights Act, 1993. It is responsible for promoting and protecting human rights in India, as defined by the Constitution of India and the international covenants to which India is a party.
Body
The NHRC has the following powers and functions:
- It can inquire, suo motu or on a petition, into any complaint of violation of human rights or negligence in the prevention of such violation by a public servant.
- It can intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.
- It can visit, under intimation to the government, any jail or other institution under the control of the state government, where persons are detained or lodged for purposes of treatment, reformation or protection, to study the living conditions of the inmates and make recommendations thereon.
- It can review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
- It can undertake and promote research in the field of human rights.
- It can spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, media, seminars and other available means.
- It can encourage the efforts of non-governmental organizations and institutions working in the field of human rights.
- It can perform such other functions as it may consider necessary for the promotion of human rights.
However, the NHRC also faces some limitations and challenges. Some of these are:
- The recommendations made by the NHRC are not binding on the government or the authorities concerned. The NHRC can only advise, suggest and recommend measures for the protection of human rights, but it cannot enforce them.
- The NHRC has limited jurisdiction over the cases related to the armed forces. It can only seek a report from the central government on such cases, but it cannot directly inquire into them.
- The NHRC cannot inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.
- The NHRC faces a lack of awareness and cooperation from the public, the media, the civil society and the government in its efforts to promote and protect human rights.
Conclusion
NHRC has both powers and limitations in investigating and redressing the complaints of human rights violations. It plays a vital role in upholding the dignity and rights of the people, but it also needs to overcome the challenges and constraints that hamper its functioning and effectiveness.