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NHRC
The National Human Rights Commission NHRC is a statutory independent body established to protect and promote human rights, which are fundamental rights inherent to every individual by virtue of being human.
Modeled partly after the Paris Principles UN guidelines for national human rights institutions).
the protesction of human rights act,1993 establishment of nhrc and state hrc
→ on 12 th october 1993
→ a jurisdication to enquire into petitions
was considered to be a “ toothless tiger “ / “ sarkari commission “
it was created in response to growing demands for accountability against state excesses (e.g., custodial violence, encounter killings, and systemic discrimination). by state activist and intl system like asia watch and amnesty intl
→was created only to defend and enhance the international image of india under the increasing international pressure concerning the tragic human rights experience concerning the kashmir region.
before india had national commission for scʼs and stʼs and national commision for minorities
2. Structure & Composition
Case Study Singh critiques its handling of Gujarat 2002 riots —issuing notices but failing to challenge impunity decisively.
3. Exclusionary Jurisdiction
Armed Forces Immunity Section 19 The NHRCʼs exclusion from probing armed forces underlines its role as a "controlled opposition" in conflict zones (e.g., Kashmir, Manipur). Elite Bias Focuses on urban, middle-class complaints while neglecting rural/caste-based violence due to procedural barriers (language, accessibility).
4. Comparative Failure
Contrasts Indiaʼs NHRC with South Africaʼs Human Rights Commission (constitutionally independent) and Latin American models (prosecutorial powers), highlighting Indiaʼs deliberate institutional weakening. The National Human Rights Commission NHRC of India, established under the Protection of Human Rights Act, 1993 PHRA, plays a significant but often debated role in promoting and protecting the rights of citizens. While it has contributed to human rights advocacy, its effectiveness is constrained by structural, legal, and operational limitations. Below is a critical examination of its role:
- Positive Contributions of NHRC**- Awareness & Advocacy The NHRC has been instrumental in raising awareness about human rights through campaigns, workshops, and reports.- Intervention in Cases It can suo moto (on its own) take cognizance of human rights violations, including custodial deaths, police brutality, and atrocities against marginalized groups.- Recommendatory Powers The NHRC can investigate complaints, summon officials, and recommend compensation or disciplinary action against violators.- Monitoring Role It reviews laws and policies to ensure compliance with international human rights standards (e.g., rights of prisoners, child labor, and manual scavenging).- Public Inquiries It conducts inquiries into major human rights violations, such as encounter killings and communal riots.
2. Critical Limitations & Challenges#### **A Lack of Enforcement
Powers** The NHRCʼs recommendations are not binding on the government or authorities. Many of its suggestions (e.g., compensation for victims, action against officials) are ignored. It cannot prosecute offenders; it can only forward cases to courts or administrative bodies.
B Limited Jurisdiction It cannot investigate armed forcesʼ
human rights violations without central government approval Section 19 of PHRA, weakening its role in conflict zones like Jammu & Kashmir or Northeast India. It does not cover private sector violations (e.g., corporate human rights abuses) unless state complicity is involved.
C Structural & Functional Issues- Delayed Justice Cases often
take years to resolve due to bureaucratic delays.- Understaffing & Underfunding The NHRC lacks sufficient resources and personnel to handle the volume of complaints (it receives over 100,000 annually).- Political Influence The appointment process of NHRC members (by a committee dominated by ruling party members) raises concerns about independence.- Limited Focus on Socio-Economic Rights While it addresses civil-political rights effectively, its role in enforcing economic rights (health, education, housing) is weak.
D Credibility Concerns- Grade A Status Downgrade 2017
The Global Alliance of National Human Rights Institutions GANHRI temporarily downgraded NHRCʼs status due to political interference and lack of independence.- Selective Activism Critics argue it avoids sensitive cases involving high-ranking officials or politically connected individuals.
3. Comparative Perspective Unlike **South Africaʼs Human Rights
Commission** (which has stronger enforcement powers) or Kenyaʼs NHRC (which can directly approach courts), Indiaʼs NHRC remains largely recommendatory. Some state human rights commissions (e.g., Kerala SHRC) are more proactive than the NHRC itself.
4. Reforms Needed- Legally Binding Powers Amend PHRA to
make NHRCʼs orders enforceable.- Greater Autonomy Ensure transparent and independent appointments.- Expanded Jurisdiction Allow investigations into military and private sector violations.- More Resources Increase funding and staffing for faster case disposal.- Stronger Focus on Marginalized Groups Enhance protection for Dalits, Adivasis, women, and LGBTQ communities.
“NHRCʼs top official are indian governmentʼs top officials “ˮ
“ The NHRCI hardly intervenes on major human rights
concerns , reduced to a ‘post office “.
the NHRCI should;ve ears and eyes in the grassroots
always dekayed , running late , poor sensiblities
Positive Contributions of the NHRC
A. Investigative Interventions
Suo Motu Cases The NHRC can take up cases independently (e.g., custodial deaths, encounter killings). Public Complaints It investigates grievances against police, prisons, and state authorities.
Monitoring and Reporting:
It visits jails and institutions to monitor conditions, studies international treaties, and submits annual reports to Parliament, raising the profile of human rights issue
B. Policy Recommendations
Advocated for reforms on custodial torture, manual scavenging, and prison conditions. Pushed for compensation to victims of rights violations.
C. Awareness & Training
Conducts workshops for police, judiciary, and bureaucrats on human rights norms.
2. Critical Limitations & Failures
A. Lack of Enforcement Powers
Only Advisory Role The NHRC can recommend actions but cannot prosecute violators. Government Ignorance Many recommendations (e.g., police reforms) are ignored by states.
B. Restricted Jurisdiction
Armed Forces Immunity Under Section 19 of PHRA , the NHRC cannot probe armed forces without central approval (e.g., AFSPA abuses in Kashmir, Northeast). No Control Over Private Actors Limited authority over corporate or societal violations (e.g., caste atrocities).
C. Bureaucratic Delays & Backlog
Cases take years to resolve , reducing relief for victims. Understaffed & Underfunded , affecting efficiency.
Human Rights Watch 2017 : "The NHRCʼs backlog of over 50,000 pending cases (as of 2016 makes justice a distant dream for marginalized complainants."
D. Political Influence
Appointments by Government Chairperson and members are selected by the ruling party, raising bias concerns.
✔ Transparency Public hearings and mandatory government responses.
Conclusion: A Well-Intentioned but Weak Institution
The NHRC has raised awareness and documented abuses , but its lack of autonomy, enforcement powers, and political courage hinder its role as a true protector of rights. Without reforms, it risks becoming a symbolic rather than substantive body.
Despite its limitations, the NHRC has been able to make an impact in certain cases, such as the Chakma refugees case, where it was able to push for human rights through the Supreme Court, and may potentially do so in the Rohingya refugees case.
