EDITORIALS & ARTICLES
Multiplicity of various commissions for the vulnerable sections of the society leads to problems of overlapping jurisdiction & duplication of functions. Is it better to merge all commissions into an umbrella human rights commission? Argue your case. (UPSC IAS Mains 2018 General Studies Paper – 2)
- Vulnerable sections like women, children, SC/STs, minorities, OBCs and differently abled are facing multiple socio-economic disadvantages in terms of health, education, mobility, economic opportunity, etc., in India. To redress it, the constitution or the legislations have provided for National Commissions for SCs and STs, Minorities, Women and Children. The prime intention is to protect their constitutional rights, coordination in socio-economic and educational development, and address atrocities related matters. However, there are certain issues with regard to their multiciplity and functions like:
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- Overlapping jurisdictions and duplication of efforts in dealing with complaints, and addressing grievances.
- Data duplications lead to narrow implementation and this negatively impacts the intended outcomes.
- Low financial independence and politicization of commissions, absence of checks and balances, etc.
- On the other hand, National Human Rights Commission along with its states counterparts, has more pervasive mandate to enquire into complaints, recommend actions, identify vulnerabilities, etc. Besides, National and State Commissions do not trespass their respective jurisdiction.
- We can envision to create an umbrella organisation like Human Rights Commission (unified), merging all the existing commissions. It is feasible given the nature of all commissions aiming to secure the dignified living conditions and protection of human rights.
- It will remove the multiciplity, data duplication, and will help in more sector specific policy formulation keeping in mind the different vulnerability faced by them. The Human Rights Commission (unified) should have the implementing arms or agencies at state, district and local levels to synchronise its efforts and consolidate the available data.
- Establishment of umbrella commission will be more fiscal and policy prudent. Having fiscal independence and power to enforce legal provisions will strengthen its mandate. Technology can be employed to promote more coordination among different sections to promote analysis and policy formulation and implementation.
- The Human Rights Commission (unified)needs to be given more teeth in terms of independent powers, functions and finance, to enforce its mandate and realize the socio- economic development of the vulnerable sections of society.
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