Sambhav-2025

Approach Introduce NHRC and its role in safeguarding human rights. Critically assess NHRC’s effectiveness, highlighting strengths and limitations with examples. Suggest reforms needed to strengthen NHRC’s mandate. Conclude suitably.

Introduction

The National Human Rights Commission (NHRC) was established in 1993 under the Protection of Human Rights Act (PHRA), 1993, to promote and protect human rights in India. It plays a crucial role in addressing human rights violations, recommending policy changes, and ensuring accountability.

Body

Effectiveness of NHRC in Safeguarding Human Rights:

• Judicial Powers & Investigative Role: NHRC can investigate human rights violations and recommend compensation.
  • Example: NHRC intervened in cases like encounter killings in Manipur (2017), ensuring justice for victims.
• Monitoring of Human Rights Violations: It actively tracks custodial deaths, police brutality, and violence against marginalized communities.
  • Example: NHRC’s report on child labor in mica mines (Jharkhand) led to policy interventions.
• Protection of Marginalized Groups: Reports on manual scavenging, bonded labor, child rights, and Dalit atrocities have led to policy changes.
• Policy Recommendations & Awareness Programs: NHRC influences legal reforms, prison conditions, and rehabilitation of victims.
  • Example: NHRC’s recommendations led to prison reforms and better conditions for undertrial prisoners.

Limitations & Challenges in NHRC’s Functioning:

• Lack of Enforceability of Recommendations: NHRC’s suggestions are not binding, leading to poor implementation by state agencies.
  • Example: Despite NHRC's concerns over custodial torture, police reforms remain slow.
• Limited Autonomy & Political Influence: The appointment process is dominated by the executive, raising concerns about independence.
• Jurisdictional Constraints: It cannot investigate armed forces violations, limiting its role in regions under AFSPA.
• Inadequate Resources & Manpower: NHRC lacks adequate financial and human resources, affecting investigations and follow-ups.
  • Example: High case pendency rates reduce its efficiency in delivering timely justice.

Reforms Needed to Strengthen NHRC’s Mandate:

• Making NHRC Recommendations Legally Binding: Granting enforceable powers will improve implementation of human rights protections.
• Ensuring Greater Autonomy: Reforming the appointment process to reduce executive control and enhance independence.
• Enhancing Financial & Human Resources: Increasing budgetary allocation and staff strength to speed up investigations.
• Strengthening State Human Rights Commissions (SHRCs): Ensuring better coordination and funding for grassroots-level human rights protection.

Conclusion

While the NHRC has been vital in protecting human rights, its effectiveness is hindered by enforcement limitations and political influence. Strengthening it through reforms will enhance its independence, aligning it with global standards like those of the United Nations Human Rights Council (UNHRC).