Model Answer
0 min readIntroduction
The Universal Declaration of Human Rights (1948) laid the foundation for global human rights standards. In India, the impetus for a dedicated national body arose from concerns regarding custodial deaths, police excesses, and systemic human rights violations. The National Human Rights Commission (NHRC) was established in 1993 under the Protection of Human Rights Act (PHRA), 1993, as an autonomous body. It represents a significant step towards institutionalizing the protection of human rights and ensuring accountability for violations, acting as a crucial watchdog in a democracy.
Constitutional Basis and Establishment
The establishment of the NHRC draws its authority from Article 10 of the Universal Declaration of Human Rights and Article 19(1)(g) of the Constitution of India, which guarantees the right to practice any profession or to carry on any occupation, trade or business. The Protection of Human Rights Act, 1993, provides the legal framework for the NHRC’s functioning. The Act was amended in 2006 to broaden its scope and enhance its powers.
Objectives of the NHRC
- Promotion of Human Rights: The NHRC aims to create awareness about human rights among the public and government officials through seminars, workshops, and publications.
- Protection of Human Rights: It intervenes in cases of alleged human rights violations, investigates complaints, and recommends remedial measures.
- Review of Laws: The NHRC reviews existing laws, treaties, and international instruments to identify inconsistencies with human rights standards and suggests amendments.
- Encouraging Research: It promotes research in the field of human rights and supports institutions engaged in human rights education.
Role and Functions of the NHRC
Investigative Powers
The NHRC has the power to investigate:
- Complaints of human rights violations, either suo motu (on its own initiative) or through petitions.
- Custodial deaths, rape, torture, and disappearances.
- Any act of the state government or its agencies that violates human rights.
It can visit jails, detention centers, and other institutions where people are held in custody.
Recommendations and Reporting
After investigation, the NHRC can:
- Recommend to the concerned government or authority to initiate proceedings against the perpetrators of human rights violations.
- Recommend payment of compensation to the victims or their families.
- Submit reports to the Central Government and State Governments, including recommendations for improving human rights protection.
The NHRC submits annual reports to the Parliament and State Legislatures.
Other Functions
- Intervention in Court Proceedings: The NHRC can intervene in court proceedings involving human rights issues.
- Promotion of Human Rights Education: It supports human rights education programs in schools, colleges, and universities.
- International Cooperation: The NHRC collaborates with international human rights organizations and participates in international forums.
Composition of the NHRC
| Position | Qualifications |
|---|---|
| Chairperson | Retired Chief Justice of the Supreme Court or a Judge of the Supreme Court |
| Members | Retired High Court Judges, Civil Servants, Experts in Human Rights |
Challenges Faced by the NHRC
- Lack of Enforcement Powers: The NHRC is primarily a recommendatory body; it lacks the power to directly enforce its recommendations.
- Limited Jurisdiction: The NHRC’s jurisdiction is limited to violations committed by state actors (government officials and agencies). It cannot directly address violations by private individuals or corporations.
- Delay in Investigations: A large backlog of cases often leads to delays in investigations and redressal.
- Insufficient Resources: The NHRC often faces constraints in terms of financial and human resources.
- Political Interference: Concerns have been raised about potential political interference in the NHRC’s functioning.
Recent Developments and Way Forward
The NHRC has been increasingly focusing on emerging human rights issues, such as environmental rights, rights of persons with disabilities, and the impact of climate change on vulnerable populations. There is a growing demand for strengthening the NHRC’s powers, including granting it the power to prosecute perpetrators of human rights violations and expanding its jurisdiction to include private actors. The increasing use of technology for monitoring and reporting human rights violations also presents both opportunities and challenges for the NHRC.
Conclusion
The National Human Rights Commission plays a vital role in safeguarding human rights in India. While it has achieved significant milestones in raising awareness, investigating violations, and recommending remedial measures, its effectiveness is hampered by limitations in enforcement powers and jurisdiction. Strengthening the NHRC through legislative reforms, increased resources, and greater independence is crucial to ensure its continued relevance and impact in protecting the fundamental rights of all citizens. A proactive and empowered NHRC is essential for upholding the principles of justice, equality, and dignity enshrined in the Indian Constitution.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.