Why is it in news?

• The National Human Rights Commission issued a notice to the Uttar Pradesh government and the police , after the family of wanted criminal  alleged that he was killed in a staged police encounter.  

NHRC NOTICE

• Taking suo motu cognisance of media reports, the NHRC issued notices to the U.P. Chief Secretary and the DGP , asking for reports within four weeks.
• The NHRC said the allegations levelled by victims family, if true, “raised serious issue of violation of human rights of the deceased and the aggrieved family.”
• Killing a wanted criminal in an “unlawful manner” would not send out a good message and the police in any event did not have the right to take lives.  

Human rights

• Human right means the rights relating to life, liberty, equality and dignity of the individuals guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India”

 Why has NHRC been in News in recent months?

• NHRC has been in NEWS as it had been complaining the lack of sufficient powers in discharging its duties.
• It had approached the SC regarding the same and the SC has supported its needs of greater teeth.
• It has been reduced to a “toothless tiger”. It is grossly understaffed despite its increasing workload, and many State governments show little respect for its guidelines and instructions.

Backdrop of the setting up of the NHRC

• The UN Commission on Human Rights formulated the Universal Declaration of Human Rights (UDHR). UDHR was adopted by the United Nations General Assembly in 1948.
• The international community has recognised the growing importance of strengthening national human rights institutions.
• In this context, in the year 1991 a UN-sponsored meeting of representatives of national institutions held in Paris, a detailed set of principles on the status of national institutions was developed, these are commonly known as the Paris Principles.
• These principles, became the foundation for the establishment and operation of national human rights institutions.
• In the wake of these developments, India, enacted the Protection of Human Rights Act, 1993, with a view to bring about greater accountability and strengthen the dominion of human rights in the country.
• The National Human Rights Commission (NHRC) was established on October 12, 1993.

Important Features

• NHRC was constituted under Section 3 of the 1993 Act for better protection of human rights. The term ‘human rights’ is defined in Section 2(d) of the 1993 Act, which reads as follows:

• It is autonomous i.e. it has been created by an Act of Parliament.

• NHRC is committed to provide independent views on issues within the parlance of the Constitution or in law for the time being enforced for the protection of human rights. The Commission takes an  independent stand.

• NHRC has the powers of a civil court.

• Authority to grant interim relief

• Authority to recommend payment of compensation or damages

 Composition

          The act lays down the qualifications that the members are required to have, to be eligible to be appointed to the Commission.

Section 3 of the Act lays down that the Commission shall consist of:

1. A Chairperson
2. One Member who is, or has been, a Judge of the Supreme Court of India
3. One Member who is, or has been, the Chief Justice of a High Court
4. Two Members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights
5. In addition, the Chairpersons of four National Commissions of ( 1.Minorities 2.SC 3.ST 4.Women) serve as ex officio members.

Appointment

          The Chairperson and the Members of the Commission are appointed by the President of India, on the recommendations of a Committee consisting of:

•        The Prime Minister (chairperson)

•        The Home Minister

•        The Leader of the Opposition in the Lok Sabha

•        The Leader of the Opposition in the Rajya Sabha

•        The Speaker of the Lok Sabha

•        The Deputy Chairman of the Rajya Sabha

Powers and Functions

1.  Intervene in cases of violation of human rights and  negligence in the prevention of such violation, by a public servant.
2. intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.
3. visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations.
4. review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
5. review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.
6. study treaties and other international instruments on human rights and make recommendations for their effective implementation.
7. undertake and promote research in the field of human rights.
8. spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means.
9. encourage the efforts of non-governmental organisations and institutions working in the field of human rights.

Limitations

• NHRC can only make recommendations, which are not mandatory on the government for implementation. This lack of authority to ensure compliance can lead to outright rejection of its decision too.
• It is reported that 46% of its recommendations are not implemented
• Bureaucratic functioning, inadequacy of funds also hamper the working of the commission.
• Under the Protection of Human Rights Act, 1993, human rights commissions cannot investigate an event if the complaint was made more than one year after the incident. Therefore, a large number of genuine grievances go unaddressed.
• In case of violations carried out oby the armed forces and paramiltary, the commission cannot go into the enquiry of the same and can only ask for a report
• In case of violations by state police forces, the NHRC cannot do investigation, it is within the jurisdiction of the respective state Human Rights Commission
• In several states there is no commission for Human Rights and in many it is not sufficiently active
• The huge number of cases, over one lakh,  received by the Commission make it difficult for it to close them all
• The provision for instituting one Human Rights court in each district is also pending
• The appointments in the organization are often delayed leaving it paralysed in functioning
•  There is, experts believe, a lack of vigour in pursuing cases in the courts when recommendations are not accepted
• Unlike the courts or other qusi judicial bodies the NHRC does not have the powers to move contempt cases in case of non compliances
• The role of the Executive is paramount in the appointments and creating a conflict of interest
• Enquiry reports made by the investigation of the NHRC must be published

Proposed reforms

• Holistic reforms needed to change the face of the organization-

O Appointments by broad based selection committees with minimum role for the Executive

O Power to have their recommendations enforced

O Staff and investigative machinery must be amply provided to the organization

• Cases must be filed in the judiciary for getting recommendations enforced so that there would be democratic pressures on the government to accept them

• Induction of human rights activists in the organization

• Appointment of the staff must be done by the NHRC itself, and not on deputation itself, so that experts of domain are implementing the statute

• Awareness and sensitization of the country around the issue of Human Rights must be carried out so that there is greater societal culture for respect of the human rights

• States where SHRCs have not been formed must be compelled to do so

• The powers of the commission vis a vis., the armed forces must be increased