Model Answer
0 min readIntroduction
The National Human Rights Commission (NHRC) of India, established on October 12, 1993, under the Protection of Human Rights Act (PHRA), 1993, is a statutory body tasked with the protection and promotion of human rights. It defines human rights as "rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India." The NHRC serves as a watchdog for human rights in the country, aiming to strengthen institutional arrangements for addressing human rights issues, investigating violations, and promoting awareness. Its effectiveness in achieving these objectives has been a subject of continuous evaluation.
Achievements of the National Human Rights Commission (NHRC)
The NHRC has played a significant role in upholding human rights in India since its inception. Its successes can be broadly categorized as follows:
- Complaint Redressal and Investigation: The NHRC has been instrumental in investigating thousands of complaints of human rights violations, including those related to custodial deaths, police brutality, and extra-judicial killings. Since its inception till November 30, 2024, it registered over 23.14 lakh cases and disposed of more than 23.07 lakh cases. It also takes suo motu cognizance of serious human rights issues. For instance, in December 2025, the NHRC took suo motu cognizance of the death of four laborers in a building collapse in Uttar Pradesh.
- Awareness and Advocacy: The Commission actively promotes human rights literacy through workshops, seminars, and campaigns. It advocates for human rights education in various sectors, including law enforcement and schools, thereby increasing public awareness about human rights safeguards.
- Recommendations and Policy Influence: The NHRC reviews existing laws and policies, recommending measures for their effective implementation. It has offered advice on various bills and laws, contributing to policy improvements.
- Protection of Vulnerable Groups: The Commission has intervened in cases concerning marginalized communities, religious minorities, and human rights defenders. It has also campaigned against discrimination faced by HIV patients and addressed issues related to violence against Adivasis.
- Prison Reforms: The NHRC regularly inspects jails and detention centers to study the living conditions of inmates and makes recommendations for improving prison conditions, addressing overcrowding, and ensuring humane treatment.
- International Cooperation: The NHRC engages with international human rights bodies and coordinates with other National Human Rights Institutions (NHRIs) to enhance global human rights awareness.
Challenges and Limitations Faced by the NHRC
Despite its achievements, the NHRC faces several significant challenges that limit its full effectiveness:
- Non-Binding Recommendations: One of the primary limitations is that the NHRC's recommendations are not legally binding on the government or authorities. This often leads to a lack of enforcement and compliance, leading to the perception of it being a "toothless tiger."
- Jurisdictional Constraints: The NHRC's jurisdiction is limited to human rights violations committed by public servants. Its ability to directly investigate complaints against the armed forces is restricted, requiring a report from the Central Government. It cannot directly investigate violations by private individuals or entities.
- Lack of Independence and Pluralism: Concerns have been raised by international bodies like the Global Alliance of National Human Rights Institutions (GANHRI) regarding the lack of transparency and pluralism in the appointment of NHRC members, the inclusion of police officers in human rights investigations, and inadequate representation of women and minorities. This has led to the deferral of its 'A' status accreditation in 2023 and 2024.
- Resource Constraints: The Commission often struggles with inadequate funding, staffing, and infrastructure, which hinders its ability to conduct thorough investigations and address the rising number of complaints effectively.
- Delayed Action and Backlog: The NHRC faces challenges in the timely disposal of cases. While it has disposed of many cases, a significant backlog often exists.
- Limited Power to Penalize: The NHRC lacks the authority to penalize authorities that fail to implement its recommendations, further diminishing its enforcement capabilities.
- Defining "Human Rights": The PHRA, 1993, defines human rights specifically as those guaranteed by the Constitution or embodied in International Covenants enforceable by Indian courts. This definition can sometimes limit the scope of the NHRC's functions.
The table below summarizes some key aspects of NHRC's performance and challenges:
| Aspect | Successes/Achievements | Challenges/Limitations |
|---|---|---|
| Complaint Handling | Disposed of over 23 lakh cases since inception, including suo motu cases. | Non-binding recommendations, significant backlog, 90% of cases in 'others' category (2021-2024). |
| Awareness & Education | Conducts numerous workshops, seminars, and campaigns; promotes human rights literacy. | Impact assessment of awareness programs can be challenging. |
| Legal & Policy Review | Reviews laws, advises government on policy, intervenes in legal proceedings. | Limited power to enforce recommendations or penalize non-compliance. |
| Independence & Powers | Statutory body, powers of a civil court for inquiry. | Concerns over transparency in appointments, reliance on government secondments for investigation, deferred international accreditation. |
Conclusion
The National Human Rights Commission has undoubtedly made significant strides in raising awareness about human rights, investigating violations, and advocating for vulnerable populations in India. Its role in shaping policy and providing a forum for redressal cannot be understated. However, its effectiveness is often hampered by structural limitations such as the non-binding nature of its recommendations, restricted jurisdiction, and concerns regarding its independence and resource availability. To fully achieve its objectives, reforms are necessary to grant it more binding powers, enhance its autonomy, expand its investigative mandate, and ensure greater diversity and transparency in its composition.
Answer Length
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