INTRODUCTION

Since its inception in 1993, the National Human Rights Commission (NHRC) of India has been instrumental in addressing human rights violations and advocating for reforms. As India grapples with evolving human rights challenges, the NHRC's role in safeguarding rights remains pivotal.

History of NHRC

• 1948: The Universal Declaration of Human Rights (UDHR) is adopted by the United Nations. This document serves as a foundation for international human rights law

• 1993: NHRC established under the Protection of Human Rights Act (PHRA) following human rights abuses during the economic crisis of the 1990s.

• 2006: The Protection of Human Rights Act is amended to further strengthen the NHRC's powers and functions including recommending compensation during inquiries, conducting unannounced jail visits and providing for the Chairpersons of the NCSC and NCST Commissions as NHRC members.

• 2006 & 2011: Awarded "A" status accreditation by the Global Alliance of National Human Rights Institutions (GANHRI).

• 2016: Re-accreditation delayed due to concerns about diversity and political appointments within the NHRC.

• November 2017: Regained "A" status accreditation, marking the first instance of a country regaining status through commitment to Paris Principles.

• 2019: PHRA was amended again to

• Appoint a former Supreme Court judge as NHRC chairperson if a retired Chief Justice of India is unavailable

• Increase the NHRC members from two to three, including one woman.

• Extend membership to chairpersons of the National Commission for Backward Classes, the National Commission for Protection of Child Rights, and the Commission for the Rights of Persons with Disabilities.

• Tenure of NHRC chairpersons and members reduced from five to three years, with provisions for reappointment 

• May 2024: Deferral of accreditation status by GANHRI continues for another year despite India's request for lift and some NGOs urging downgrade.

Importance

How is  accreditation done?

Process:

• The Sub-Committee on Accreditation (SCA) of GANHRI consists of sixteen 'A' status NHRIs, with four from each of the following regions: the Americas, Europe, Africa, and the Asia-Pacific.

• The SCA is responsible for reviewing and accrediting NHRIs to ensure they comply with the Paris Principles adopted in 1993.

• The review process occurs every five years and involves input from the SCA, the U.N. Human Rights Office of the High Commissioner (OHCHR), the U.N. Development Programme (UNDP), international and regional organisations, and civil society members.

• NHRIs must apply for re-accreditation every five years or when significant changes in their function impact their compliance with the Paris Principles.

Potential Consequences of Losing A Rating

• Should India lose its 'A' rating, the NHRC would lose its voting rights within GANHRI.

• The NHRC would no longer represent India at the United Nations Human Rights Council and other subsidiary bodies.

• Losing 'A' status jeopardises human rights protection and promotion in India, undermining NHRC's credibility and effectiveness domestically and internationally, impacting India's standing in global human rights forums.

Assessment of NHRC

Positive 

• Proactive intervention: Intervention in human rights violations involves taking preemptive actions to prevent abuses and ensure the protection and promotion of human rights.

• Example: Immediately after its creation, the NHRC urged the Arunachal Pradesh government to protect the Chakma and Hajong refugees' human rights, leading to a 1996 Supreme Court directive ensuring their safety. 

•  In 2024, NHRC issued a final warning to the district collector of Malkangiri, Odisha for failing to address the deprivation of basic human rights for over 20,000 villagers across four panchayats .

• Police reforms and accountability:The NHRC has consistently issued recommendations for police reforms, including guidelines on custodial interrogation and encounter killings. These recommendations, while not directly enforceable, have put pressure on state governments to improve police practices.

• Example: Since May 2010, the Commission has required that every death in police action be reported to the NHRC within 48 hours, replacing the previous guideline of submitting half-yearly reports by state authorities.

• Platform for victims to seek redressal:NHRC receives a large number of complaints from individuals alleging human rights violations. By investigating these complaints and issuing recommendations to authorities, the NHRC provides a crucial avenue for victims to seek justice, especially for those with limited resources.

• Raising awareness and advocating for human rights: NHRC organises workshops, seminars, and public awareness campaigns to educate the public about their human rights.

• Monitoring progress on issues:The NHRC issues annual reports documenting the state of human rights in India. These reports highlight areas of concern and offer recommendations for improvement, keeping human rights issues on the national agenda

Negative

• Controversial Brochure: Justice Mishra's approach to human rights, as reflected in the NHRC brochure 'Human Rights 75,' has sparked controversy. 

• Released during the 'Azadi ka Amrit Mahotsav' celebrations, the document claims that India's earliest civilizations established basic human rights principles, citing ancient texts like the Vedas and the Upanishads. 

• It controversially includes the Manusmriti, asserting it outlines principles of justice which many see as a symbol of discrimination against historically disadvantaged groups, contrary to the values of the Indian Constitution.

• Recommendatory nature :The NHRC champions human rights but lacks teeth as its recommendations are not legally binding. It cannot punish violators or award monetary relief to victims and relies on moral suasion and public pressure to get its recommendations implemented.

• Lack of Diversity: The NHRC's composition doesn't reflect the diversity of Indian society. This could lead to blind spots regarding specific demographics or human rights issues without adequate representation of women, religious minorities, or marginalised communities. 

• Example: In 2016, three out of five members were from the ruling party; only 20% were women members, with no representation from other marginalised groups

• Opaque Appointment Process:The selection process for NHRC members lacks transparency. This raises concerns about political influence and the potential appointment of unqualified individuals

• Involvement of Police: The government appoints police officers of the rank of Director General of Police or above to assist the NHRC, raising concerns about conflicts of interest, particularly in investigating human rights violations involving the police. 

• Example: As of May 6, 478 cases of deaths in police custody and during encounters are pending before the NHRC. 

• Controversial Appointment of Chairperson: The 2021 appointment of Arun Kumar Mishra as NHRC Chairperson drew criticism for undermining the body's independence, with activists citing his pro-government judgments and past praise for the prime minister.

• Limited Cooperation with Civil Society: The NHRC doesn't actively collaborate with civil society organisations, which are crucial partners in protecting human rights as they work on the ground and witness human rights violations firsthand.

• Example: Umar Khalid or Bhima Koregaon activists languish in detention without trial under draconian laws like the UAPA.

• Inability to Respond to Escalating Human Rights Violations: The NHRC is not adequately addressing the growing number of human rights violations in India and struggles to handle a large backlog of complaints due to limited resources.

• Example:  The number of suo motu cases taken up by the Commission has nearly halved, with a reduction rate of 46.32% between 2012-16 and 2016-20

• Non - Compliance with Paris Principles: GANHRI’s decision to continue the deferral of NHRC’s status is due to concerns over India's adherence to the Paris Principles.

•  In early 2017, NHRC was placed in the deferral category but later regained its 'A' status.

• One Year Limit: A complaint regarding a human rights violation cannot be filed with the NHRC after one year from the date the violation allegedly occurred.

• Limited Jurisdiction over Defence Forces: The NHRC has restricted powers when it comes to the defence forces. It cannot directly investigate complaints against the armed forces or order punitive measures.

• Example: NHRC's civil court powers allow investigations and summoning individuals, but its authority is limited, particularly in AFSPA implemented states where human rights violations are common.

Way forward

• Bolstering Staff Capacity: A well-resourced NHRC with adequate staff is crucial for effective functioning. Currently, the NHRC  faces limitations in handling the high volume of complaints and complex investigations.

• Balanced Approach: Recognize the value of the GANHRI evaluation process, despite government dismissal since 2019. A more balanced approach, acknowledging imperfections and affirming commitment to human rights, could foster productive dialogue.

• Amending PHRA: The SCA recommended amending the PHRA to allow the NHRC to independently appoint qualified investigative staff, eliminating government-appointed police officers. Additionally, it suggested ensuring that at least one of the three NHRC members is a woman, promoting gender diversity and enhancing the Commission's effectiveness.

• Fast-Track System for Serious Violations: Prioritise and expedite investigations of critical cases like custodial deaths or violence against minorities. This would ensure quicker resolutions and provide a stronger deterrent effect against human rights abuse

• Improved Outreach and Collaboration:Increase public awareness campaigns to educate people about the NHRC's mandate and how to file complaints.Actively engage with civil society organisations and legal aid groups to leverage their expertise

• Need for more Suo Moto cases: Many human rights violations go unreported. Suo moto action would allow the NHRC to identify and investigate such cases, ensuring they are not ignored.

• De-politicization of NHRC: The NHRC's functioning should be insulated from political influence by ensuring transparent appointments and involving more public scrutiny.This can help ensure its independence and impartiality.

  
  

  Short Takes

  
  

  GANHRI: It stands for the Global Alliance of National Human Rights Institutions. It is a UN recognised network of 120 National human rights institutions(NHRI) from various countries. The body is responsible for reviewing and accrediting NHRIs in compliance with the Paris Principles.

  
  

  Paris Principles: Established in 1991, these principles serve as a foundational framework for NHRIs globally, establishing minimum standards to be deemed credible. It was endorsed by the General Assembly of the United Nations in December, 1993.

CONCLUSION

As the NHRC faces ongoing challenges and opportunities, it stands at a critical juncture in its mission to uphold human rights in India. By prioritising reforms the NHRC can reinforce its role as a vital guardian of fundamental freedoms. As India progress

Tags:
Polity

Keywords:
NHRC Human Rights Rights