National Human Rights Commission (NHRC)

26 Dec National Human Rights Commission (NHRC)

This article covers “Daily Current Affairs” and the topic details “ National Human Rights Commission (NHRC)”. This topic has relevance in the Social Issues section of the UPSC CSE exam.

GS 2: Social Issues

Why in the news?

Background:

• The National Human Rights Commission (NHRC) has responded to a petition by instructing the Union Ministry of Home Affairs and six state governments to furnish information regarding victims impacted by Salwa Judum.
• The petition contended that those displaced and currently residing in forest areas across multiple states have been denied access to crucial welfare schemes. These include essential rights such as land rights, tribal status, social welfare benefits, and entitlements under the Forest Rights Act.
• Salwa Judum, characterized as a group of tribal individuals organized for resistance against outlawed armed Naxalites, was reportedly supported by the government machinery in Chhattisgarh.
• In 2011, the Supreme Court of India ruled against the arming of civilians in this manner, leading to the ban of Salwa Judum. The court directed the Chhattisgarh government to disband any militia force established to counter Maoist guerrillas.

National Human Rights Commission (NHRC)

• Establishment and Legal Framework:
  • The National Human Rights Commission (NHRC) was established in 1993 under the Protection of Human Rights Act, 1993, with a specific focus on safeguarding human rights within the country.
• Watchdog Role:
  • Its primary role is that of a vigilant guardian, overseeing and protecting rights associated with life, liberty, equality, and the dignity of individuals.
• Composition of NHRC:

• • The NHRC is comprised of a Chairman and five members.
  • The Chairman is required to be a retired Chief Justice of India or a judge of the Supreme Court.
  • Members include serving or retired judges of the Supreme Court, serving or retired chief justices of High Courts, and three individuals with expertise in human rights, ensuring diverse representation and a minimum inclusion of one female member.

Ex-officio Members:

• Includes chairpersons of various bodies as ex-officio members:
  • National Commission for Minorities
  • National Commission for Scheduled Castes (SCs)
  • National Commission for Scheduled Tribes (STs)
  • National Commission for Women
  • National Commission for Backward Classes
  • National Commission for Protection of Child Rights
  • Chief Commissioner for Persons with Disabilities

Functions of NHRC:

• Investigation and Prevention: Enquire into violations of Human Rights or negligence in preventing such violations by public servants.

• Legal Intervention: Intervene in legal proceedings involving allegations of Human Rights violations.

• Prison Visits: Visit jails and detention centers to assess the living conditions of inmates.

• Review and Recommendations: Review constitutional and legal safeguards for human rights, recommending measures for effective implementation.

• Addressing Hindrances: Examine factors like terrorism, naxalism, and militancy hindering human rights, suggesting remedial measures.

• International Engagement: Study international treaties on human rights and make recommendations for their effective implementation.

• Research Promotion: Undertake and promote research in the field of human rights.

Achievements of NHRC:

• Mega Projects Intervention:
  • Intervened in cases of displacement due to mega projects, disasters, and conflicts.
  • Examined Land Acquisition (Amendment) Bill, 2007, and Rehabilitation and Resettlement Bill, 2007, recommending relief measures for the displaced.
• Police Force Misuse:
  • Addressed excessive use of police force, particularly in cases involving Adivasis protesting the Narmada Project.
  • Recommended relief measures, dropping of charges, and adequate rehabilitation.
• Suicide Prevention Measures:
  • Took Suo motu cognizance of farmer suicides in Maharashtra.
  • Facilitated the formation of committees at the district level to monitor and assist farmers, providing financial assistance and suggesting solutions.
• Adivasis’ Rights Protection:
  • Responded to violence by Maoists and Salwa Judum in Dantewada, Chhattisgarh.
  • Directed the examination of human rights violations by Naxalites and Salwa Judum, addressing living conditions in refugee settlement colonies.
• International Conventions Advocacy:

• • Advocated for the ratification of the UN Convention against torture, emphasizing its importance for human rights in India.

Issues or Concerns with NHRC:

• Recommendatory Nature:
  • The functions of the NHRC are recommendatory, lacking the power to impose punishment for human rights violations.
  • Recommendations are non-binding on the concerned government or body.
• Limited Powers Concerning Armed Forces:
  • NHRC has limited role, power, and jurisdiction in addressing human rights violations by armed forces.
• Administrative Constraints:
  • As a Paris principle-compliant institution, administrative constraints hinder smooth functioning, lacking required infrastructure.
• Financial Constraints:
  • The commission relies on grants from the Ministry of Home Affairs (MHA), lacking financial autonomy for effective functioning.
• Manpower Constraints:
  • Operates below sanctioned strength, resorting to hiring retired government officials due to increasing workload.
• Lack of Legal Manpower:
  • The law division lacks adequate resources, facing a shortage of trained manpower in the field of human rights.
• Lack of Suo Moto Uptake:
  • NHRC has been criticized for not taking suo moto action on arrests made under the UAPA law, related to freedom of expression and peaceful assembly.
• Lack of Diversity:
  • Concerns about limited diversity as the Chairman and members are predominantly from the judicial fraternity, lacking mandatory representation of minorities, SCs, and STs.
• Political Interference:
  • Composition of the selection committee favors the party in power, raising concerns about potential political interference.
• Narrow Jurisdictions:
  • NHRC can only investigate complaints registered within 1 year, limiting its jurisdiction.
• Control of Home Ministry:

• • Under the Home Ministry, NHRC investigating police-related human rights violations may raise concerns about independence.

Suggestions to Enhance NHRC’s Effectiveness:

• Constitutional Body Status: Consider making NHRC a constitutional body, similar to the South African Human Rights Commission.

• Parliamentary Report Presentation: Propose tabling NHRC reports in parliament, with the government presenting an action taken report based on NHRC recommendations.

• Mandatory Time Frame: Amend the act to include a mandatory time frame for action taken and response formulation on NHRC recommendations.

• Independent Cadre: Develop an independent cadre of staff, including legal and human rights experts.

• Financial Independence: Provide the commission with financial autonomy to handle increasing workload and responsibilities.

• Expanded Jurisdiction: Expand the period of jurisdiction, allowing NHRC to investigate matters older than 1 year.

• Contempt Powers: Accord NHRC with contempt powers to ensure the effective implementation of recommendations.

SOURCE: NHRC seeks report from MHA, six States regarding Salwa Judum displacement  – The Hindu

Download plutus ias current affairs eng med 26th Dec 2023

Q.1 Consider the following regarding National Human Rights Commission (NHRC):

1. The Chairman is required to be a retired Chief Justice of India or a judge of the Supreme Court.
2. Chief Commissioner for Persons with Disabilities is one of the ex-officio members

Which of the statements given above is/are correct? 

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

ANSWER: C

Q.2 Discuss the role and functions of the National Human Rights Commission (NHRC) in India. Evaluate its effectiveness in safeguarding human rights, addressing violations, and promoting justice. 

rishabh