NHRC takes suo motu cognizance of alleged police harassment of journalists at Jantar Mantar

08 Oct NHRC takes suo motu cognizance of alleged police harassment of journalists at Jantar Mantar

✎ The NHRC, under the Protection of Human Rights Act, 1993, can take suo motu cognizance of human rights violations and recommend measures to ensure accountability of state actors, including police personnel.

Subject Relevance — Where This Topic Fits

• GS Paper II — Polity and Governance: Statutory Bodies and Constitutional Provisions  |  GS Paper II — Polity and Governance: Fundamental Rights and DPSP  |  GS Paper III — Internal Security: Law and Order and Police Reforms
• Prelims: NHRC, suo motu cognizance, Fundamental Rights (Article 21), Protection of Human Rights Act 1993, Delhi Police Act 1978, Section 154 CrPC, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013
• Essay: Institutional accountability in democratic governance: The role of statutory bodies in protecting citizens’ rights, Balancing law and order with civil liberties: Challenges for police in a democratic society

Quick Revision: The NHRC, under the Protection of Human Rights Act, 1993, can take suo motu cognizance of human rights violations and recommend measures to ensure accountability of state actors, including police personnel.

Why is this in the news?

On 8 October 2026, the National Human Rights Commission (NHRC) took suo motu cognizance of media reports alleging sexual harassment of three female journalists by Delhi Police personnel during a protest at Jantar Mantar on 3 October 2026. The NHRC issued a notice to the Delhi Police Commissioner seeking a detailed report within two weeks, citing potential grave violations of human rights. This incident underscores the critical interface between law enforcement, media freedom, and the protection of human rights in India.

Background

• The National Human Rights Commission (NHRC) is a statutory body established under the Protection of Human Rights Act, 1993, to protect and promote human rights in India.
• The NHRC operates under the constitutional framework of Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV), particularly Article 21 (Right to Life and Personal Liberty).
• Freedom of the press is a fundamental right under Article 19(1)(a) of the Constitution, and journalists play a pivotal role in democratic governance by reporting on public events, including protests.
• Police personnel are expected to uphold law and order while ensuring the safety and dignity of all individuals, including journalists covering events.
• Allegations of misconduct by state actors, including police, are governed by internal disciplinary mechanisms as well as oversight by statutory bodies like the NHRC.
• The Protection of Human Rights Act, 1993, empowers the NHRC to inquire into complaints of human rights violations and recommend relief, compensation, or prosecution.

What is the National Human Rights Commission (NHRC)?

• The NHRC is a statutory body established under the Protection of Human Rights Act, 1993, to protect and promote human rights as guaranteed under the Constitution and international covenants.
• It is composed of a Chairperson (a former Chief Justice of India), four full-time members, and four ex-officio members, including the Chairpersons of the National Commission for Scheduled Castes and Scheduled Tribes.
• The NHRC has the power to inquire into complaints of human rights violations either on its own motion (suo motu) or upon receiving petitions from victims or their representatives.
• It can investigate cases involving violations by public servants or failure in duty by the state, including police excesses, custodial deaths, and torture.
• The NHRC can recommend interim relief, compensation to victims, or prosecution of erring officials, though its recommendations are not binding on the government.
• The Commission may approach the Supreme Court or High Courts under Article 32 or 226 of the Constitution for the enforcement of human rights.
• The NHRC also undertakes research, awareness campaigns, and reviews of existing laws to ensure better protection of human rights.

Key Features

Feature	Significance
Automatic Suo Motu Cognizance	Demonstrates NHRC’s proactive role in protecting human rights without requiring formal complaints, upholding constitutional mandate under Article 32 and 21.
Prompt Notice to Delhi Police Commissioner	Ensures institutional accountability and expedites enquiry into alleged human rights violations by state actors.
Media-Driven Investigation Trigger	Highlights the role of free press in exposing human rights abuses and initiating corrective mechanisms.
Two-Week Reporting Deadline	Imposes a strict timeline to prevent procedural delays and ensure timely justice for victims.
Integration with Delhi Police’s Crime Branch	Leverages existing law enforcement infrastructure for systematic investigation of alleged misconduct.

Why it Matters

Human Rights Governance

• Reinforces the principle that state agencies, including police, are bound by constitutional obligations to protect fundamental rights under Article 21 (Right to Life and Personal Liberty).
• Demonstrates the operationalisation of NHRC’s mandate to monitor and redress human rights violations by public authorities.

Institutional Accountability

• Exposes systemic gaps in police conduct during crowd control operations, necessitating reforms in training and standard operating procedures.
• Strengthens public trust in institutions by ensuring independent scrutiny of alleged misconduct by state actors.

Press Freedom and Safety

• Underscores the critical role of journalists in documenting public events and holding authorities accountable.
• Raises concerns about the safety of media personnel during protests, requiring policy interventions for their protection.

Rule of Law

• Affirms that no individual, including law enforcement personnel, is above the law, reinforcing equality before the law (Article 14).
• Ensures that allegations of grave misconduct are investigated without bias or undue delay.

Challenges

1. Systemic Bias in Police Conduct

• Historical instances of excessive use of force and gender-based violence by police during protests, indicating entrenched institutional biases.
• Need for de-escalation training and gender-sensitive policing to prevent recurrence of such incidents.

UPSC Link: GS-II: Police Reforms

2. Delays in Justice Delivery

• Protracted legal proceedings in cases of police misconduct, often leading to victim fatigue and erosion of trust in institutions.
• Requirement for fast-track courts or special tribunals to expedite such cases.

UPSC Link: GS-II: Judicial Reforms

3. Protection of Journalists

• Increasing incidents of violence and harassment against journalists covering protests, threatening press freedom (Article 19(1)(a)).
• Need for statutory protection mechanisms, such as the proposed Journalist Protection Act.

UPSC Link: GS-II: Freedom of Speech

4. NHRC’s Limited Enforcement Powers

• NHRC’s recommendations are advisory and lack binding authority, reducing their deterrent effect on errant officials.
• Calls for legislative amendments to grant NHRC stronger enforcement powers, including contempt powers.

UPSC Link: GS-II: NHRC Structure

5. Public Perception and Trust Deficit

• Allegations of state-sponsored violence erode public confidence in law enforcement and democratic institutions.
• Need for transparent investigations and visible corrective actions to restore credibility.

UPSC Link: GS-II: Governance

6. Intersectional Vulnerabilities

• Women journalists face heightened risks of gender-based violence, compounded by societal and institutional biases.
• Requires gender-responsive policies in policing and institutional safeguards for marginalised groups.

UPSC Link: GS-II: Gender and Governance

Challenges — UPSC Perspective

Issue	Concern
Police Brutality During Protests	Systemic failure in crowd control measures, leading to human rights violations.
Gender-Based Violence by State Actors	Normalisation of misogynistic behaviour within law enforcement, exacerbating institutional distrust.
Impunity for State Personnel	Lack of accountability mechanisms for police officers accused of misconduct.
Media Freedom Under Threat	Increasing risks to journalists covering dissent, undermining democratic oversight.
NHRC’s Advisory Role	Limited effectiveness of NHRC’s recommendations due to lack of binding enforcement powers.
Delayed Justice for Victims	Protracted legal processes discourage victims from pursuing complaints.

Way Forward

• Conduct mandatory gender-sensitivity and de-escalation training for Delhi Police personnel, with periodic refresher courses.
• Establish a fast-track mechanism within the judiciary to expedite cases of police misconduct against civilians.
• Strengthen the NHRC’s enforcement powers through legislative amendments, including contempt provisions for non-compliance.
• Introduce statutory protections for journalists covering protests, including dedicated safety protocols and legal recourse.
• Implement a zero-tolerance policy for gender-based violence within police forces, with stringent disciplinary actions for offenders.
• Enhance transparency by mandating public disclosure of investigation reports in cases of alleged human rights violations.
• Promote community policing initiatives to rebuild trust between law enforcement and marginalised groups, including women and minorities.

UPSC Value Addition

Prelims Practice Questions

Q1. Consider the following statements regarding the National Human Rights Commission (NHRC) in India:
1. NHRC is a constitutional body established under Article 338 of the Constitution.
2. The Chairperson of NHRC must be a retired Chief Justice of India.
3. NHRC can take suo motu cognizance of human rights violations.
4. NHRC has the power to punish the violators of human rights.
How many of the above statements are correct?

1. Only one
2. Only two
3. Only three
4. All four

Answer: Only three — Statements 2 and 3 are correct. NHRC is a statutory body established under the Protection of Human Rights Act, 1993 (not constitutional). The Chairperson must be a former Chief Justice of India or a sitting Supreme Court judge. NHRC can take suo motu cognizance. NHRC does not have punitive powers; it can only recommend actions to the government.

Q2. Assertion (A): The Protection of Human Rights Act, 1993 empowers the National Human Rights Commission to investigate complaints of human rights violations by state agencies.
Reason (R): The Act mandates that NHRC shall inquire into complaints of human rights violations only if they are filed by the aggrieved person or their representative.

1. Both A and R are true and R is the correct explanation of A
2. Both A and R are true but R is not the correct explanation of A
3. A is true but R is false
4. A is false but R is true

Answer: A is true but R is false — Assertion (A) is true as NHRC has the power to investigate human rights violations by state agencies. Reason (R) is false because NHRC can take suo motu cognizance and is not restricted to complaints filed by the aggrieved person.

Mains Practice Question

✍ The National Human Rights Commission (NHRC) has taken suo motu cognizance of alleged sexual harassment of three journalists by Delhi Police personnel during a protest at Jantar Mantar, New Delhi. Critically examine the constitutional and statutory safeguards available to journalists in India against such violations. Also, analyse the role of NHRC in ensuring accountability of state agencies in cases of human rights violations. (15 Marks)

Approach: MODEL-ANSWER SKELETON:
1. **Constitutional Safeguards**:
– Right to Freedom of Speech and Expression (Article 19(1)(a)) and Freedom of the Press as fundamental rights.
– Right to Life and Personal Liberty (Article 21) interpreted to include protection from harassment and abuse.
– Directive Principles of State Policy (Article 51A) emphasizing the duty of citizens to uphold democratic values.

2. **Statutory and Legal Frameworks**:
– Protection of Human Rights Act, 1993: Establishes NHRC and State Human Rights Commissions (SHRCs); empowers NHRC to inquire into human rights violations by state agencies.
– Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Applicable to journalists and media professionals in workplace settings.
– Code of Criminal Procedure, 1973: Provisions for investigation and trial of offences, including sexual harassment.
– Indian Penal Code, 1860: Sections 354 (assault on women with intent to outrage modesty), 354A (sexual harassment), 354B (assault or use of criminal force to woman with intent to disrobe), etc.

3. **Role of NHRC**:
– Suo motu cognizance: NHRC can take up cases on its own motion, as seen in the instant case.
– Investigative powers: Can summon witnesses, examine evidence, and recommend actions to the government.
– Advisory role: Can advise the government on measures to prevent human rights violations.
– Limitations: NHRC lacks punitive powers; its recommendations are not binding on the government or state agencies.

4. **Accountability Mechanisms**:
– Judicial review: Victims can approach courts under Article 32 (Supreme Court) or Article 226 (High Courts) for enforcement of fundamental rights.
– Police accountability: Mechanisms such as the Police Complaints Authority (PCA) at the state level to investigate complaints against police personnel.
– Role of the Press Council of India (PCI) and News Broadcasters & Digital Association (NBDA) in self-regulation and addressing grievances.

5. **Challenges and Way Forward**:
– Delay in investigations and trials due to systemic inefficiencies.
– Lack of awareness among journalists about their rights and available recourse.
– Need for stronger institutional mechanisms to ensure timely justice and accountability.
– Strengthening NHRC’s powers, including binding recommendations and suo motu powers, to enhance its effectiveness.

Source: PIB (Press Information Bureau)

Delhi PCS (DSSSB) — State PCS Practice

Prelims: The National Human Rights Commission (NHRC) issued a notice to the Delhi Police in October 2026 regarding an incident at Jantar Mantar where three journalists were allegedly subjected to misconduct by police personnel. Under which constitutional provision does the NHRC derive its authority to investigate such matters in Delhi?

1. Article 324 of the Constitution
2. Article 21 of the Constitution
3. Article 32 of the Constitution
4. Article 326 of the Constitution

Answer: Article 32 of the Constitution — NHRC derives its authority from Article 32 of the Constitution, which empowers it to investigate violations of fundamental rights, including those by state agencies like the Delhi Police.

Mains: Examine the role of the National Human Rights Commission (NHRC) in safeguarding the rights of journalists in Delhi, particularly in the context of police action during protests. Discuss the legal framework governing NHRC’s jurisdiction and suggest measures to enhance its effectiveness in protecting press freedom in the National Capital Territory (NCT).

---

Generated by AanyaAi for educational purpose.

---

Related guides on our sites

• Best PSIR optional coaching in delhi
• Best PSIR optional coaching in delhi for UPSC
• Anthropology VS PSIR
• Best PSIR optional coaching online