NHRC is a statutory body, established under the Protection of Human Rights act 1993. It is established in conformity with Paris Principles 1991.
Role Played by Human Rights Commissions in India
Protection of Life and Liberty- Eg- NHRC intervention in Manipur fake encounter cases (2013) led to a Supreme Court-monitored CBI probe.
Ensuring Accountability of State Machinery- Eg- NHRC recommended Rs. 10 lakh compensation to victims of the Hashimpura massacre (2015).
Protection of Vulnerable Groups- Eg- NHRC’s recommendations against bonded labour led to several state-level rehabilitation programmes.
Monitoring Custodial and Institutional Conditions- Eg- NHRC report on Muzaffarpur shelter home (2018) exposed severe human rights violations.
Promoting Human Rights Awareness through training programmes, seminars, and media campaigns
Policy and Legal Reforms- Eg- NHRC’s recommendations on prevention of manual scavenging and rehabilitation.
Addressing Emerging Human Rights Issues – Eg- NHRC issued advisories on migrant workers’ rights during COVID-19 lockdown (2020).
Collaboration with International and National Agencies – Eg- India’s Universal Periodic Review (UPR) reports before the UNHRC.
Issues Associated with NHRC
Statutory Limitations on Jurisdiction – NHRC cannot take up cases older than one year or matters pending before a court (sub judice).
Cases involving military personnel often fall outside the NHRC’s purview
The NHRC lacks the authority to punish violators, cannot directly impose penalties or award relief to victims.
Observations by the Sub-Committee on Accreditation (SCA) of GANHRI
Lack of Diversity – Only 95 out of 393 staff positions are held by women, violating the Paris Principles requirement of pluralism and representativeness.
Government-Dominated Selection Committee curbs opposition input and reduces transparency in selection.
Weak Investigation Mechanism – NHRC depends on police and government officials on deputation for investigation.
Limited Engagement with Civil Society
Additional Institutional Challenges
Vacancies and Delays in appointments reduce capacity and response efficiency.
Financial Dependence- Budgetary allocations come through the Ministry of Home Affairs, affecting autonomy.
Poor Implementation of Recommendations- NHRC recommendations are advisory, often ignored or delayed by governments.
Backlogs- Growing pendency of complaints due to limited staff and rising caseloads.
Way Forward
Strengthen Legal Powers- Amend the 1993 Act to make NHRC/SHRC recommendations legally binding.
Independent Investigation Wing- Establish a separate cadre of trained human rights investigators.
Expand Jurisdiction- Review restrictions on cases involving armed forces and paramilitary personnel.
Financial Autonomy- Provide independent budgetary control, like constitutional bodies (e.g., EC, CAG).
Empower State Commissions- Strengthen SHRCs through funding and capacity-building support.
Enhance Awareness- Conduct public education campaigns with NGOs and media support.
Regular Review Mechanism- Form a National Human Rights Coordination Council to monitor and evaluate performance.
The 3R approach of Reform, Reorientation and Restructuring can enhance functioning of NHRC as an effective Bulwark Of Democracy in India.