Fundamental Rights: Essential as they are inalienable to humans
Purpose: To provide remedies for violations including judiciary, lower courts, tribunals, and Human Rights Commissions (e.g., NHRC)
The Necessity and Work of Human Rights Commission
Remedies: Supreme Court, High Court, lower courts, tribunals, Human Rights Commissions
Special Commissions: Created for vulnerable groups (e.g., National Commission for Women)
Examples of Actions: Ordering reports, judicial cases for incidents like those in Odisha, Hathras, or Kathua
Historical Context and Formation of NHRC
Establishment: October 12, 1993, through the Protection of Human Rights Act (PEHRA), 1996
Background: Stemming from Paris Principles in 1991 and ratified by the UN General Assembly in 1993
Purpose: International standards for human rights protection and enforcement
NHRC's Definition of Human Rights
Defined in: Section 2, Subsection D of the PEHRA Act
Rights Covered: Life, liberty, equality, dignity, guaranteed by the constitution and international covenants
International Covenants: On civil, political, economic, social rights adopted by the UN in 1966, adopted by India in 1979
Objectives and Composition of NHRC
Objectives:
Strengthen institutional arrangements to address human rights issues
Independently investigate allegations against government excesses
Support and enhance existing human rights protection efforts
Composition:
Chairperson: Must be the Chief Justice of the Supreme Court or a judge
Members: 5 full-time and 7 ex-officio members (including commissions for minorities, SC, ST, women, children, and persons with disabilities)
Current Chairperson: Shri Justice Arun Kumar Mishra
Appointment and Term
Appointment: Done by the President, based on recommendations from a six-member committee (Prime Minister, Speaker of Lok Sabha, Deputy Chairperson of Rajya Sabha, Leaders of Opposition in both houses, Home Minister)
Term: Appointed for 3 years or until age 70, once renewable
Removal: Can be removed by the President for insolvency, involvement in paid employment, unsound mind, imprisonment for an offense, or misbehavior/capacity, following Supreme Court inquiry
Functions and Powers
Inquiry: Into violations or negligence by public servants
Intervention: In court cases involving human rights violations
Visits: To jails and detention facilities
Review: Constitutional and legal safeguards
Recommendations: For remedy measures, studies on treaties and international instruments
Research and Promotion: In the human rights field
Awareness and Literacy: Among the populace on their rights
Support NGOs: Working in human rights field
Ensuring Functions: By setting up camp sittings, open hearings, etc.
Challenges and Limitations
Limited Role in Armed Forces: Can request reports, give recommendations, and inquire with permission
Administrative Constraints: Staff shortage and financial dependency on the government
Manpower Constraints: Retired government officers engaged on contractual basis due to lack of full-time staff
Authority Constraints: Cannot punish violators or award compensation, only recommend
Pendency of Cases: Increasing due to shortage of staff and investigators
Notable Problems Faced by NHRC
Red Tapism: Bureaucratic hurdles impacting operations (e.g., delays in acquiring vehicles)
Financial Independence: Requirement for adequate funding without government control
Administrative Constraints: Lack of staff stifling effectiveness
Manpower and Investigative Limitations: Limited experienced officers affecting inquiry into serious violations like custodial deaths
Case Backlog: Increasing pendency due to lack of manpower
Conclusion
Next Topic: State Human Rights Commissions (SHRC)
Focus on: Strengthening structures and independence to better fulfil human rights protection mandates