The Hindu Editorial Analysis- 15th May 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Candid notes on the NHRC’s status deferral

The National Human Rights Commission of India (NHRC) was formally informed late last week that the deferral of its status would continue for a year more. The deferral was put in place by the sub-committee on accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI) for a year, in 2023. While the SCA did not agree with the plea of some leading international non-governmental organisations, to put the NHRC in category ‘B’, it also rejected India’s request to lift the deferral.

What is the National Human Rights Commission (NHRC)?

About:

• Ensures protection of fundamental rights such as life, liberty, equality, and dignity.
• Upholds rights outlined in the Indian Constitution and international agreements, enforceable in Indian courts.

Establishment:

• Founded on October 12, 1993, through the Protection of Human Rights Act (PHRA), 1993.
• Amendments: 2006 and 2019, aligning with international standards outlined in the Paris Principles.

Composition:

• Comprises a chairperson, five full-time members, and seven deemed members.
• Chairperson: Former Chief Justice of India or Supreme Court judge.

Appointment and Tenure:

• Appointed by the President based on a six-member committee's recommendations.
• Committee includes the Prime Minister, Lok Sabha Speaker, Rajya Sabha Deputy Chairman, Opposition leaders from both Houses of Parliament, and Union Home Minister.
• Term: Three years or until reaching age 70.

Role and Function:

• Possesses judicial powers akin to a civil court.
• Authorized to engage central or state government officers or investigative agencies for probing human rights violations.
• Can investigate incidents within one year of occurrence.
• Primarily offers recommendations.

What are the Shortcomings in Functioning of NHRC?

• Recommendations Aren't Mandatory: The NHRC investigates human rights violations and gives suggestions, but it can't force authorities to act on them. Its influence is more about what's right rather than what's legally binding.
• Can't Punish Wrongdoers: Even if the NHRC finds someone guilty of violating human rights, it can't directly punish them or compensate victims. This makes it less effective in enforcing accountability.
• Limited Control Over Military Cases: The NHRC can't investigate all cases involving the military, which makes it hard to ensure accountability across the board.
• Can't Address Older Cases: If a human rights violation is reported more than a year later, the NHRC can't do much about it. This means it's not equipped to handle historical or delayed grievances well.
• Short on Resources: The NHRC doesn't have enough staff or funds to handle its workload efficiently. This affects its ability to investigate cases, run inquiries, and raise public awareness effectively.
• State Commissions Also Struggle: Many state human rights commissions, like the NHRC, don't have enough staff, especially without their leaders. This adds to the problem of limited resources.
• Not Entirely Independent: Because the government appoints members of the NHRC, it's hard for it to be completely free from political influence. This affects how much people trust its decisions.
• Needs to Be More Proactive: The NHRC mostly reacts to complaints rather than taking action before problems escalate. Being more proactive could make it more effective in preventing human rights abuses.

What are the Steps Need to be Taken to Strengthen Working of NHRC?

• Broaden Mandate: Expand the NHRC's responsibilities to tackle emerging human rights issues such as Artificial Intelligence, Deep Fake, and Climate Change. This would ensure that it remains relevant and effective in addressing modern challenges.
• Grant Enforcement Powers: Equip the NHRC with the authority to enforce its recommendations. By giving it punitive powers, it can hold perpetrators of human rights violations accountable and ensure compliance with its directives.
• Composition Reforms: Diversify the composition of the NHRC by appointing members from civil society, activists, and experts. This will provide a more comprehensive perspective and enhance the credibility of the commission.
• Independent Cadre Development: Establish an independent cadre of staff within the NHRC who specialize in human rights issues. This will address resource constraints and ensure that the commission has the expertise needed to effectively investigate and address violations.
• Strengthen State Human Rights Commissions: Support state Human Rights Commissions by facilitating collaboration, capacity building, and knowledge sharing. Strengthening these commissions will improve human rights protection at the grassroots level.
• Advocacy and Public Awareness: Shift from reactive responses to proactive advocacy, awareness campaigns, and education initiatives. Empowering citizens with knowledge about their rights will help prevent violations and increase the impact of NHRC interventions.
• International Cooperation: Foster collaboration with international human rights bodies to learn from their experiences and adopt best practices. By leveraging international expertise, India can enhance its approach to human rights protection and enforcement.

UPSC Civil Services Examination, Previous Year Questions (PYQs)

Q1. . Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (2020)

1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties

Select the correct answer using the code given below:

(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

Ans: (d)

Q2. Consider the following: (2011)

1. Right to education
2. Right to equal access to public service
3. Right to food.

Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights”?

(a) 1 only
(b) 1 and 2 only
(c) 3 only
(d) 1, 2 and 3

Ans: (d)