National Human Rights Commission: An Analysis

Context: The National Human Rights Commission accreditation status under Global Alliance of National Human Rights Institutions (GHNRI) is about to be reviewed by the Global Alliance of National Human Rights Institutions (GANHRI).

About Global Alliance of National Human Rights Institutions (GANHRI):

• GANHRI is a global network of 114 NHRCs which coordinates the relationship between NHRIs and United Nations.
• It was conceived at the International conference held in Tunis in 1993. Participating NHRIs established the International Coordinating Committee of NHRIs (ICC) with the goal of coordinate the activities of the NHRI network. 
• In 2016, the ICC changed its name into Global Alliance of National Human Rights Institutions (GANHRI).
• GANHRI is incorporated as a legal entity under the Swiss law and has a Bureau consisting of 16 “A status” NHRIs representing the four regions of GANHRI. General annual meetings of GANHRI are held in cooperation with UN Human Rights in its capacity as the GANHRI secretariat.

The Subcommittee on accreditation: It conducts a peer reviewed process for initial accreditation and re-accreditation in every five years. Presently, India’s Human Rights body NHRC has A rating.

About National Human Rights Commission (NHRC)

• It is a Statutory body established in 1993 under the Protection of Human Rights Act, 1993.
• It is considered as a watchdog of human rights in the country, i.e. rights related to life, liberty equality and dignity of individuals.

Composition of NHRC

• It consists of Chairman and 5 members.
  • Chairman: Should be retired Chief Justice of India or a judge of Supreme Court.
  • Members: Serving or retired Judge of Supreme Court, serving or retired chief justice of High court and 3 members having knowledge or practical experience with respect to human rights (out of which at least one should be a woman.)
  • Ex-officio Members: Chairpersons of following bodies are ex officio members.
    • National Commission for Minorities.
    • National Commission for SCs
    • National Commission for STs
    • National Commission for Women
    • National Commission for Backward Classes
    • National Commission for Protection of Child Rights
    • Chief commissioner for Persons with Disabilities

Functions of NHRC

• To enquire into violation of Human Rights or Negligence the prevention of such violation by a public servant.
• To intervene into any proceeding involving allegation of violation of Human Rights.
• Visiting jails and detention centers to study the living conditions of inmates.
• Reviewing constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
• Reviewing factors like terrorism, naxalism, militancy that inhibit the enjoyment of human rights and recommend remedial measures.
• Study international treaties and instruments on human rights and make recommendations for their effective implementation.
• To undertake and promote research in the field of human rights.

Achievements of NHRC

• Intervention in mega projects: Intervention in individual cases of displacement on account of mega projects, disasters, and conflicts.
  • Outcome: Commission examined the provisions of the Land Acquisition (Amendment) Bill, 2007 and the Rehabilitation and Resettlement Bill, 2007 and recommended relief measures to the displaced.
• Issues related to excessive use of police force: At various instances, commission has taken cognizance of killing of Adivasis and excessive use of force on Adivasis protesting Narmada Project and called for a report from the State DGP.
  • Outcome: Based on the reports, the commission recommended relief measures such as dropping of charges and implementation of adequate rehabilitation measures.
• Intervention against high Suicide rates: The Commission took Suo motu cognizance of the reports about suicide by farmers of Maharashtra and sought reports from Government.
  • Outcome: The Government of Maharashtra in its report informed the Commission that it had appointed a Committee at District level under the Chairmanship of District Collector to monitor and supervise the implementation of various schemes, to assist farmers and to curb, dissuade them from committing suicide.
  • Families of farmers who had committed suicide were being provided financial assistance as per norms laid down by the State Government. The Government of Andhra Pradesh had also constituted a Farmers Welfare Commission to go into the causes of suicide. The Commission has set up a committee to study the problem and suggest solutions.
• Violence against Adivasis: Violence by Maoists and Salwa Judum in Dantewada, Chhattisgarh was brought to the notice of the Commission.
  • Outcome: The Commission called for a report from the State Government. While the matter was under consideration of the Commission, the Supreme Court based on a writ petition filed before it, directed the Commission to examine/verify allegations relating to violation of human rights by Naxalites and Salwa Judum and the living conditions in the refugee settlement colonies.
• Ratification of International conventions: India is not a signatory to UN Convention against torture, the commission is constantly advocating for its early ratification.

Issues or concerns with NHRC

• Recommendatory nature: Functions of the commission are merely recommendatory; it has no power to punish the violation of Human rights.
  • The recommendations are also not binding upon the concerned government or body.
• Limited powers concerning armed forces: Limited role, power, and jurisdiction with respect to violation of human rights by armed forces.
• Administrative constraints: Being a Paris principle compliant institution, it must have functionaries and infrastructure suited for its smooth functioning, which is lacking at present.
• Financial constraints: Presently, the commission receives grants in aid from MHA to function, for the effective functioning, it must have financial autonomy.
• Manpower Constraints: Commission has rarely functioned at the sanctioned strength, due to increasing workload, it is compelled to hire retired government officials as consultant on contract basis.
  • Lack of legal manpower: The law division of commission lacks adequate resources to deal with cases because of shortage of trained manpower in field of human rights.
• Lack of Suo moto uptake: Activists have alleged that arrests are made under UAPA law for exercising rights to freedom of expression and peaceful assembly, NHRC has maintained silence on these issues.
• Lack of diversity: Critics argue that since the Chairman and members are mostly drawn from judicial fraternity, it restricts the diversity and plurality of the board. There is no mandatory representation of minority, SCs and STs in the commission.
• Political Interference: The composition of the selection committee is highly skewed in favour of the party in power. This may result in political interference in the working of the NHRC.
• Narrow Jurisdictions: NHRC can only investigate complaints of Human right violations which are registered within 1 year of the incident. This reduced the Jurisdiction of NHRC.
• Control of Home Ministry: Most instances of human rights violations that the NHRC investigates are against the police and, it raises concerns as the commission comes under the Home Ministry. 

Suggestions to Make NHRC more effective:

• Constitutional body: NHRC can be made a constitutional body on the similar lines of South African Human Rights Commission.
• Report to be presented in parliament: It is suggested that the report of NHRC should be tabled in parliament, and based on the NHRC report, an action taken report on the recommendation should be presented by the government.
• Mandatory time frame for action taken: Act should be amended to include a time frame for action taken and response formulation on NHRC recommendations.
• Independent cadre: NHRCneeds to develop an independent cadre of staff including legal and human rights expert.
• Financial independence: Commission must be provided financial autonomy to function because of the increasing workload and responsibilities.
• Jurisdiction: Period of jurisdiction must be expanded; commission should be allowed to investigate the matters which are older than 1 year.
• Contempt powers: NHRC should be accorded with power of contempt to ensure effective implementation of the recommendations.