28th NHRC Foundation Day Programme

In News

• The Prime Minister participated in the 28th NHRC Foundation Day programme on the 12th of October.
  • The PM highlighted the role of NHRC in protecting the human rights and dignity of the marginalised section.

About National Human Rights Commission (NHRC)

• The National Human Rights Commission (NHRC) of India was established on 12 October 1993.
• The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the 2006 Amendment Act.
  • Hence, it is a Statutory Body.
• It was set up in conformity with the Paris Principles.
• NHRC has retained its ‘A’ status of accreditation with the Global Alliance of National Human Rights Institutions (GANHRI) for the 4th consecutive term of 5 years.
  • The NHRC, India got ‘A’ status of accreditation first time in 1999 which is retained in 2006, 2011 and 2017 reviews.
• The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.
• The world looks at the NHRC of India as a role model in promoting and monitoring the effective implementation of promotion and protection of human rights.

• Aim and Functions of NHRC
  • Aim: Protection and promotion of human rights.
  • The functions of the Commission as stated in Section 12 of the Act include.
    • Inquiry into complaints of violation of human rights or negligence in the prevention of such violation by a public servant
    • Study of treaties and international instruments on human rights
    • Make recommendations for their effective implementation to the Government.
    • Run Awareness drives for masses on the subject of human rights.
    • Encourage the efforts of all stakeholders in the field of human rights literacy not only at the national level but at the international level too.
    • Play an active role in coordinating with other NHRIs of the world to enhance awareness from the perspective of human rights.
    • host delegations from 
      • UN Bodies and other National Human Rights Commissions,
      • members of civil society, lawyers and political and social activists from different countries.
  • Functions relating to human rights in the case of Delhi will be dealt with by the NHRC.
  • Few Declaration/ Covenants implemented by NHRC
    • Universal Declaration of Human Rights
    • International Covenant on Civil and Political Rights
    • International Covenant on Economic, Social and Cultural Rights
    • Convention on the Rights of the Child
    • Convention on the Elimination of All Forms of Discrimination against Women
• Composition of NHRC

• It is a multi-member body consisting of 
  • 1 Chairman: As per The Protection of Human Rights (Amendment) Act, 2019
    • He must be a former Chief Justice of India or a former judge of the Supreme Court.
    • They are appointed for 5 years or till the age of 70 years, whichever is earlier.
    • They can be removed only on the charges of proved misbehaviour or incapacity if proved by an inquiry conducted by a Supreme Court Judge.
  • Members: Out of the total members, three are ex-officio members.
    • The Act of 2019 provides for 3 persons having knowledge of human rights to be appointed as members of the NHRC.
      • Of these 3 members, at least one will be a woman.
    • Other Members: Chairpersons of various commissions such as 
      • National Commission for Scheduled Castes, 
      • National Commission for Scheduled Tribes,
      • National Commission for Women,
      • National Commission for Backward Classes,
      • National Commission for the Protection of Child Rights, and
      • Chief Commissioner for Persons with Disabilities.
    • Secretary-General
      • He exercises all administrative and financial powers (except judicial functions), subject to the respective chairperson’s control.
• The President appoints the Chairman and members of NHRC on the recommendation of a high-powered committee headed by the Prime Minister.
• Commission also has 5 Specialized Divisions i.e. 
  • Law Division, 
  • Investigation Division, 
  • Policy Research & Programmes Division, 
  • Training Division and 
  • Administration Division.
• There are few Core Groups too.
  • Core Group on Children
  • Core group on Business, Environment and Human Rights
  • Core Group on Women
  • Core Advisory Group on Criminal Justice System Reforms

Challenges and Criticism of NHRC

• No Mechanism to Investigate:
  • In most cases, NHRC asks the concerned Central and State Governments to investigate the cases of the violation of Human Rights.
  • It has been termed as ‘India’s teasing illusion’ by Soli Sorabjee (former Attorney-General of India) 
    • due to its incapacity to render any practical relief to the aggrieved party.
• Can not investigate case registered after 1 year:
  • A large number of grievances go unaddressed because NHRC cannot investigate the complaint registered after one year of the incident.
• Inadequacy of Funds:
  • Inadequacy of funds also hampers the working of NHRC.
• Only recommendatory in Nature:
  • NHRC can only make recommendations, without the power to enforce decisions.
  • The government often rejects recommendations of NHRC or there is partial compliance to these recommendations.
• Highly restricted powers in case of Armed forces:
  • NHRC has very few powers related to violations of human rights by the armed forces.
• Post Retirement Destinations:
  • Many times NHRC is viewed as post-retirement destinations for judges and bureaucrats with political affiliation.

Conclusion and Way Forward

• Independent Investigation Staff with appropriate Experience;
  • It will give it real teeth to prosecute and check for any violation of human rights.
• Involvement of Civil Societies and other stakeholders:
  • There is a need to change the composition of the commission by including members from civil society and activists.
• Adequate Funds and Mandatory implementation of recommendations:
  • The institute should be given more independence and autonomy by providing adequate funds.
  • Further, the recommendations must be mandatory to implement with very few exceptions and procedures.
• The Indian NHRC is a really good and fair body working consistently and diligently in the field of securing human rights for India.
• But it can be made even better for strengthening grassroots democracy.

Source: NewsonAir, NHRC