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UPSC MainsGeneral Studies Paper IIGovernancePractice question

Limitations and Reforms of the NHRC

"Various structural and practical limitations hinder the NHRC from effectively promoting and protecting Human rights in the country." Discuss this statement and suggest measures to improve its functioning.

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How to approach

Introduce the National Human Rights Commission (NHRC) by referencing its statutory basis under the Protection of Human Rights Act (PHRA), 1993, and judicial characterisation of its institutional shortcomings. In the body, systematically discuss the structural and operational limitations hindering its effectiveness, followed by actionable legislative, investigative, and administrative reform measures. Conclude with a forward-looking perspective on safeguarding fundamental rights.

Model answer

414 words

Introduction

Established under the Protection of Human Rights Act (PHRA), 1993, to protect rights guaranteed by the Constitution and international covenants, the National Human Rights Commission (NHRC) plays a pivotal role in India's institutional human rights framework. However, due to severe institutional and procedural infirmities, the Supreme Court in Extra Judicial Execution Victim Families Association (EEVFAM) v. Union of India (2017) observed that the Commission was reduced to a 'toothless tiger'.

Structural and Practical Limitations of the NHRC

  • Advisory Nature of Mandate: Under Section 18 of the PHRA, 1993, recommendations made by the NHRC lack statutory enforceability. The Commission cannot enforce its orders, punish contempt, or directly award binding compensation, rendering compliance largely dependent on executive discretion.
  • Jurisdictional Fetters: Under Section 19, the NHRC cannot independently investigate violations committed by members of the armed forces; it is restricted to seeking reports from the Central Government. Furthermore, Section 36(2) bars the Commission from inquiring into matters after the expiry of one year from the date of the alleged violation, excluding genuine but delayed complaints.
  • Investigative Dependency and Conflict of Interest: Lacking an independent investigative cadre, the Commission relies primarily on police personnel on deputation from the Central and State governments. This structural flaw introduces conflicts of interest, particularly when investigating custodial violence and police excesses.
  • Non-Compliance with Paris Principles: The Global Alliance of National Human Rights Institutions (GANHRI) deferred the NHRC's 'A-status' accreditation, citing executive interference in appointments, inadequate pluralism, and insufficient representation of civil society and marginalized groups.

Measures to Improve Functioning

  • Granting Binding Enforcement Powers: Amend the PHRA to give NHRC directions the status of enforceable quasi-judicial orders, or legally mandate that governments submit statutory explanations directly to Parliament or State Legislatures in cases of non-acceptance.
  • Establishing an Independent Cadre: Create an autonomous, dedicated investigative cadre comprising human rights lawyers, social scientists, and forensic experts, ending reliance on deputed police forces.
  • Legislative and Jurisdictional Flexibility: Amend Section 19 to empower independent inquiries into human rights violations involving armed forces under specified parameters, and amend Section 36(2) to grant discretion to waive the one-year limitation in cases of grave or systemic abuses.
  • Ensuring Financial and Operational Autonomy: Charge the NHRC's budget directly to the Consolidated Fund of India to insulate the institution from executive leverage through budgetary controls.

Conclusion

Empowering the NHRC with statutory teeth, independent investigative resources, and complete fiscal autonomy is essential to bridge the gap between constitutional ideals and practical human rights protection, restoring public trust in the institutional safeguard of civil liberties.

Key facts to remember

case study
EEVFAM v. Union of India (2017)

The Supreme Court lamented that the NHRC had been rendered a 'toothless tiger' due to its purely advisory nature and failure to effectively enforce accountability against human rights violations.

scheme
Protection of Human Rights Act, 1993

An Act of Parliament providing for the constitution of the National Human Rights Commission, State Human Rights Commissions, and Human Rights Courts for the protection of fundamental liberties.

definition
Paris Principles

Adopted by the UN General Assembly in 1993, these international benchmarks set the minimum standards for national human rights institutions regarding autonomy, broad mandate, adequate funding, and pluralism.

Frequently asked questions

Why was the NHRC's A-status accreditation deferred by GANHRI?

The Global Alliance of National Human Rights Institutions deferred accreditation over concerns regarding police involvement in investigations, lack of civil society representation, gender imbalance, and inadequate pluralism in leadership selection.

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