Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations, suggest remedial measures. UPSC IAS Mains 2021 General Studies (Paper – 2)
The National Human Rights Commission (NHRC) of India was established on 12th October, 1993 under the Protection of Human Rights Act (PHRA), 1993. The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.
Functions of NHRC:
- Complaints and redressal mechanism.
- Awareness raising, human rights education, training and research.
- Cooperation with civil society, NGOs and human rights defenders.
- Coordination with all State Human Rights Commissions.
- Engagement at international and regional bodies and mechanisms.
Contributions of NHRC:
- The Commission took cognizance of many individual cases of displacement on account of mega projects, disasters and conflicts.
- In the aftermath of Godhra riots in Gujarat, the Commission filed a writ petition in the Supreme Court and ensured that guilty persons were brought to book.
- With respect to the high suicide rates by debt-ridden farmers, the Commission took suo motu cognizance of the reports about suicide by farmers.
Limitations:
- NHRC can only make recommendations without the power to enforce decisions. It does not have any mechanism of investigation. In majority cases, it asks the concerned Central and State governments to investigate the cases of the violation of human rights.
- It has been termed as ‘India’s teasing illusion’ by Soli Sorabjee (former Attorney-General of India) due to its incapacity to render any practical relief to the aggrieved party.
- A large number of grievances go unaddressed because NHRC cannot investigate the complaint registered after one year of incident.
- State Human Rights Commissions cannot call for information from the Central government which means that they are implicitly denied the power to investigate armed forces under the control of the Union government.
Possible Remedial Measures:
- NHRC efficacy can be enhanced by government if the decisions of the Commission are made enforceable.
- There is need to change in composition of the Commission by including members from civil society and activists.
- NHRC should have its autonomous investigating staff recruited by itself instead of the present practice of deputation.
- To improve and strengthen the human rights situation in India, state and non-state actors need to work in tandem.
Manifold challenges are presented by the situation of persistent human rights violations across the country. There is an urgent requirement to improve and strengthen the human rights situation. It is necessary to empower NHRC to make it work more efficiently and independently.
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