Model Answer
0 min readIntroduction
Human Rights Commissions (HRCs) are vital institutions for the promotion and protection of human rights, established to address violations and ensure accountability. In India, the National Human Rights Commission (NHRC), established in 1993 under the Protection of Human Rights Act, and State Human Rights Commissions (SHRCs) play a crucial role. While these commissions have undeniably contributed to raising awareness and investigating human rights abuses, their effectiveness is often hampered by structural deficiencies and practical challenges, leading to a perceived inability to effectively challenge the ‘mighty and powerful’. This necessitates a critical examination of these limitations and the formulation of effective remedial measures.
Structural Limitations
The structural limitations of HRCs in India significantly impede their effectiveness:
- Composition & Independence: The NHRC’s composition, including a chairperson and members, often lacks diverse expertise (e.g., legal, medical, social work). More critically, the selection process is heavily influenced by the executive, compromising its independence. The SHRCs often suffer from even greater political interference.
- Limited Jurisdiction: The NHRC can only investigate violations of human rights occurring within the last one year of the complaint, and that too, only against public servants. This restricts its scope considerably.
- Lack of Enforcement Powers: The HRCs lack the power to directly prosecute perpetrators. They can only recommend prosecution to the concerned authorities, which often goes unheeded. They can impose penalties only in cases of willful disobedience of their orders.
- Financial & Administrative Constraints: HRCs often face budgetary constraints and inadequate staffing, hindering their ability to conduct thorough investigations and provide effective redressal.
Practical Limitations
Beyond structural issues, several practical challenges limit the HRCs’ impact:
- Low Awareness: A significant portion of the population remains unaware of the existence and functions of HRCs, limiting access to justice.
- Reluctance to Register Cases: Police often show reluctance in registering FIRs based on HRC recommendations, particularly when powerful individuals are involved.
- Delay in Investigations: Investigations are often delayed due to bureaucratic hurdles and lack of cooperation from concerned departments.
- Lack of Coordination: Poor coordination between the NHRC and SHRCs, and with other relevant agencies, hinders effective monitoring and redressal.
- Impunity for Security Forces: The Armed Forces (Special Powers) Act (AFSPA) creates a legal framework that shields security forces from prosecution for alleged human rights violations in certain areas, posing a significant challenge to the HRCs.
Remedial Measures
Addressing these limitations requires a multi-pronged approach:
- Strengthening Independence: Establish an independent selection committee for the NHRC and SHRCs, comprising representatives from the judiciary, civil society, and human rights organizations.
- Expanding Jurisdiction: Extend the NHRC’s jurisdiction to investigate violations occurring beyond one year and include private actors in its purview.
- Granting Enforcement Powers: Empower HRCs to directly prosecute perpetrators of human rights violations, or establish special courts to expedite trials.
- Increasing Financial Autonomy: Ensure adequate budgetary allocation and administrative support for HRCs.
- Raising Awareness: Launch nationwide awareness campaigns to educate the public about the functions and procedures of HRCs.
- Improving Coordination: Establish a robust mechanism for coordination between the NHRC, SHRCs, and other relevant agencies.
- Reviewing AFSPA: Initiate a comprehensive review of AFSPA to ensure accountability for alleged human rights violations by security forces.
- Digitalization & Transparency: Implement a digital platform for filing complaints, tracking investigations, and accessing HRC reports, promoting transparency and accountability.
The 2019 amendments to the Protection of Human Rights Act, aimed at strengthening the NHRC, are a step in the right direction, but further reforms are needed to address the systemic challenges.
Conclusion
While the Indian Human Rights Commissions have played a significant role in promoting human rights awareness and investigating abuses, their effectiveness remains constrained by structural and practical limitations. Addressing these challenges through legislative reforms, strengthening independence, expanding jurisdiction, and enhancing enforcement powers is crucial. A truly effective HRC system requires a commitment to accountability, transparency, and a genuine respect for human dignity, ensuring that these institutions can effectively assert themselves against the mighty and powerful and deliver justice to the vulnerable.
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.