NATIONAL HUMAN RIGHTS COMMISSION

MAINS QUESTIONS

BY

Pavani Gadiraju
 NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -II

Table of Contents

[QUESTION : 1] — GIVING MORE TOOTH TO HUMAN RIGHTS COMMISSIONS

.........................................................................................................................................................1

[Chapter 2] — [Enter Chapter Title Here].......................................................................................3

[This is an example of a Sub-heading.].......................................................................................3

[This is an example of a Sub-heading.].......................................................................................3

[Chapter 3] — [Enter Chapter Title Here].......................................................................................4

Pavani Gadiraju © 2022

 NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -1

GIVING MORE TOOTH TO HUMAN RIGHTS COMMISSIONS

This article is based on “Giving Human Rights Commissions more teeth” which was published in The Hindu on
20/03/2020. It talks about issues pertaining to Human Rights commissions.

In 1993, the UN General Assembly adopted the Paris Principles on Human Rights. This led to the constitution of
national human rights institutions in almost every country. In this pursuit, the Indian Parliament enacted
the Protection of Human Rights Act, 1993 (PHR Act).

The Act created a National Human Rights Commission (NHRC), and also, Human Rights Commissions at the
levels of the various States. The National and State Human Rights Commissions are examples of “fourth branch
institutions” (other three branches— the legislature, the executive, and the judiciary). However, the functioning of
the Human Rights Commissions has come under scrutiny and criticism, on account of lack of autonomy and
political interference.

Moreover, the Supreme Court called the NHRC as "Toothless Tiger". This is because the recommendations
tendered by the NHRC and other state bodies are not binding on the respective governments.

Fourth Branch Institutions

 Democracy is sustained through the distribution of power between three “branches” — the
legislature, the executive, and the judiciary, with each branch acting as a check and a balance upon
the others.
 However, the complexity of governance and administration in the modern world has necessitated the
existence of a set of independent bodies, which are charged with performing vital functions of
oversight.
 These independent bodies are termed as fourth branch institutions.
 Some of these bodies are constitutional bodies, for example, the Election Commission and the Office
of the Comptroller and Auditor General. While others have been established under law, for example,
the Information Commission under the Right to Information Act, and Human Rights Commissions
under the Protection of Human Rights Act.
Issues Pertaining to NHRC

 Political Interference: The selection committee tasked with appointing the chairperson and the
members to the Commission is dominated by the representatives of the State itself.

o It consists of the prime minister, home minister, Leaders of the Opposition in the Lok
Sabha and Rajya Sabha, the Lok Sabha Speaker and the Deputy-Chairman of the
Rajya Sabha. Thus, this creates a conflict of interest.
o Further, the criteria to assess candidates is also not specified
 Lack of Autonomy: Police officials investigating for the NHRC are sent on deputation by their
forces.

o Their allegiance lies with their home cadre to which they return after their tenure at
the Commission is over.
Pavani Gadiraju © 2022
 NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -2

o This conflict of interest restricts the scope of their work, as they often are charged
with investigating abuse of power by law enforcement personnel.
 Non-Binding Recommendations of NHRC: Section 18 of the Protection of Human Rights
Act empowers the Human Rights Commission to “recommend” to the concerned government to
take appropriate actions.
 Restricted Jurisdiction: NHRC is not empowered to act when human rights violations through
private parties take place.

o Also, human rights commissions cannot investigate any human rights violation, if the
complaint was made more than one year after the incident.
o No cases of Human Rights violation can be investigated by NHRC in case the
violation is reported against armed forces.
Significance of Human Rights Commission

 The PHR Act defines Human Rights as the rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution or embodied in the International Covenants and
enforceable by courts in India.
 In this context, the Human Rights Commissions aims to ensure the full realisation of the
constitutional commitment to protecting human rights and act as protector for citizens against
arbitrary state action.
Way Forward

 The first step in strengthening the Human rights framework in India, the recommendations of NHRC
can be made binding. This can be done by:

o Creative Interpretation of Law: The term “recommend” in section 18 of PHR Act

should not be viewed in literal terms.
o For example, the Supreme Court ( in order to maintain judicial independence) has
held, that “consultation” with the Chief Justice for judicial appointments (as set out
under the Article 124 of Indian Constitution) be read as “concurrence” of the Chief
Justice (this is the basis for the collegium system).
 Equal Footing As Another Quasi Judicial Bodies: The Human Rights Commission has the powers
of a civil court, and proceedings before it are deemed to be judicial proceedings.

o This provides strong reasons for human rights commissions to be treated as quasi-
judicial, and like other tribunals, their recommendations should be binding upon the
state (unless challenged).
 Independent Cadre: Human rights commissions should be provided with their independent cadre of
staff with appropriate experience, so that they can function autonomously.
 Behavioral change: There is a need for promotion of a culture of human rights. Human rights
education can be made part of school curriculum.

Pavani Gadiraju © 2022

NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -3

 The Supreme Court, in the past, in order to uphold the spirit of the constitution has creatively
interpreted the powers of various fourth branch institutions in cases of ambiguity.

o For example, the Supreme Court laid down detailed guidelines to ensure the
independence of the Central Bureau of Investigation; various judgments have
endorsed and strengthened the powers of the Election Commission to compulsorily
obtain relevant details of candidates, despite having no express power to do so.

Pavani Gadiraju © 2022

 NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -4

QUESTION 2

Q. The National Human Rights Commission has called itself a toothless tiger which is

an abject admission of the statutory body’s helplessness. Analyse. (250 words)

Approach

 Give a brief introduction of NHRC

 Illustrate the powers of NHRC and then highlight the various challenges and limitations faced by the
Commission
 Conclude by giving a way forward
Answer
The National Human Rights Commission (NHRC) is a statutory body which was established under the Protection of
Human Rights Act (PHRA) of 1993, amended in 2006. The institution is an embodiment of India’s concern for the
promotion and protection of human rights.

It is in conformity with the Paris Principles, which were adopted at the First International Workshop on National
Institutions for the Promotion and Protection of Human Rights in October 1991.

Powers of NHRC are as follows

 NHRC has power to investigate grievances regarding the violation of human rights either suo moto or after
receiving a petition.

 It has the power to intervene in any proceeding involving any allegation of violation of human rights
pending before a court with the approval of such court.
 While inquiring into complaints under the Act, it has all the powers of a civil court and it can grant interim
relief. It can recommend to both the central and the state governments to take suitable steps to prevent the
violation of
 Human Rights. It submits its annual report to the President of India who causes it to be laid before each
House ofParliament. It also has the authority to recommend payment of compensation to the aggrieved
party.
However, NHRC is often criticised for its inability to enforce changes on the ground and has been reduced

merely as a toothless tiger

 NHRC has been termed as ‘India’s teasing illusion’ by Soli Sorabjee (former Attorney-General of India)
due to its incapacity to render any practical relief to the aggrieved party.

 NHRC does not have any dedicated mechanism of investigation. In majority of the cases, it asks the Central
and concerned State Governments to investigate the cases of the violation of Human Rights.
 NHRC can only make recommendations, without the power to enforce decisions.

Pavani Gadiraju © 2022

 NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -5

 A large number of grievances go unaddressed because NHRC cannot investigate the complaint registered
after one year of the incident.
 The government often outrightly rejects the recommendations of NHRC or there is partial compliance of
these recommendations.
 State Human Rights Commissions cannot call for information from the national government, which means
that they are implicitly denied the power to investigate armed forces under national control.
 NHRC’s powers related to investigation of violations of human rights by the armed forces have been
largely restricted.
 Apart from the limited sanctioned strength, almost 50 per cent of the NHRC’s staff is on deputation from
other services. These officers keep changing, leaving the commission constantly short-staffed.
 The Act does not categorically empower the NHRC to act when human rights violations through private
parties take place.
NHRC can be made more robust by taking up certain measures such as

 Efficacy of NHRC can be enhanced by the government if the commission's decisions are made enforceable.

 NHRC needs to develop an independent cadre of staff with appropriate experience.

 It can also be given contempt powers to make authorities implement its recommendations.
Thus it can be argued that there is a need for revamping NHRC to make it more effective and a true watchdog of
human rights in the country.

https://www.drishtiias.com/be-mains-ready-daily-answer-writing-practice-question/papers/2021/the-national-
human-rights-commission-has-called-itself-a-toothless-tiger-which-is-an-abject-admission-of-the-statutory-body-s-
helplessness-analyse

Pavani Gadiraju © 2022

 NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -6

QUESTION 03

WORLD HUMAN RIGHTS DAY

    Every year Human Rights Day is celebrated on 10th December all around the world.

 Freedom in the World 2021 report released earlier this year had downgraded India’s status from ‘Free’ to
‘Partly Free’.
Key Points

 World Human Rights Day:

 About:
On that day, the United Nations General Assembly adopted, in 1948,
the Universal Declaration of Human Rights (UDHR).

 The UDHR established a set of common basic values both

with regard to the view of human beings and to the
relationship between the state and the individual.
o Theme 2021:

 “EQUALITY – Reducing inequalities, advancing human rights” .

o Objective:

 To promote equality, peace, justice, freedom and the protection of human

dignity. Every individual is entitled to rights irrespective of race, colour,
religion, sex, language, or social status.

 Human Rights:

o These are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status.
o These include the right to life and liberty, freedom from slavery and torture, freedom of
opinion and expression, the right to work and education, and many more.
o Nelson Mandela had stated ‘To deny people their human rights is to challenge their very
humanity’.

 International Human Rights Conventions and Bodies:

o Universal Declaration of Human Rights (UDHR):

Pavani Gadiraju © 2022

 NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -7

 The 30 rights and freedoms include civil and political rights, like the right to
life, liberty, free speech and privacy and economic, social and cultural rights,
like the right to social security, health and education, etc.

 India took an active part in drafting of the UDHR.

 The UDHR is not a treaty, so it does not directly create legal obligations for
countries.

 The UDHR, together with the International Covenant on Civil and

Political Rights and its two Optional Protocols (on the complaints procedure
and on the death penalty) and the International Covenant on Economic,
Social and Cultural Rights and its Optional Protocol, form the so-called
International Bill of Human Rights.
o Other Conventions:

 These include the Convention on the Prevention and Punishment of the

Crime of Genocide (1948), the International Convention on the Elimination
of All Forms of Racial Discrimination (1965), the Convention on the
Elimination of All Forms of Discrimination against Women (1979),
the Convention on the Rights of the Child (1989) and the Convention on
the Rights of Persons with Disabilities (2006), among others.

 India is a party to all these Conventions.

o Human Rights Council:

 The Human Rights Council is an inter-governmental body within

the United Nations system responsible for strengthening the promotion and
protection of human rights. It is made up of 47 United Nations Member
States which are elected by the UN General Assembly.

 The most innovative feature of the Human Rights Council is the Universal

Periodic Review. This unique mechanism involves a review of the human
rights records of all 192 UN member states once every four years.

 The Office of the High Commissioner for Human Rights

(OHCHR) serves as the secretariat for the Human Rights Council.
o Amnesty International:

 An international organisation of volunteers who campaign for human

rights. This organisation brings out independent reports on the violation of
human rights all over the world.
Human Rights in India

 Enunciated in the Constitution:

o Since inception, the Indian Constitution incorporated most of the rights enumerated in the

Universal Declaration in two parts, the Fundamental Rights and the Directive Principles of
State Policy.

 Fundamental Rights: Articles 12 to 35 of the Constitution. These include

the Right to Equality, Right to Freedom, Right Against Exploitation, Right to
Freedom of Religion, Cultural & Educational Rights, Saving of Certain Laws
and Right to Constitutional Remedies.

 Directive Principles of State Policy: Article 36 to 51 of the

Constitution. These include 'right to social security, right to work, to free

Pavani Gadiraju © 2022

NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -8

choice of employment, and protection against unemployment, right to equal

pay for equal work, right to existence worthy of human dignity, right to free
& compulsory education, equal justice & free legal aid and the principles of
policy to be followed by the State.'

 Statutory Provisions:

o Protection of Human Rights Act, 1993 (as amended in 2019) provided for the constitution of
a National Human Rights Commission at the Union level, which steers State Human Rights
Commission in States and Human Rights Courts for better protection of Human Rights and for
matters connected therewith or incidental thereto.

 Related Initiatives:

o For Poor:

 Jan Dhan Account

 Rupay card
 Ujjwala gas connections
 Pradhan Mantri Awaas Yojana-Gramin
o For Women:

 Pradhan Mantri Matru Vandana Yojana (PMMVY)

 Triple talaq
o For trans-genders:

 National Portal for Transgender Persons, Garima Greh

o Children:

 PM-CARES for Children Scheme

o Divyang Jan:

 Assistance to Disabled Persons Scheme

 Accessible India Campaign: Creation of Accessible Environment for
PwDs:
 DeenDayal Disabled Rehabilitation Scheme
o Migrants:

 One Nation-One Ration Card

Pavani Gadiraju © 2022

 NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -9

4Q. Elucidate the role of National Human Rights Commission in India. Also,

discuss why it is dubbed as a “Toothless Tiger”. (250 words)

Approach
 Briefly highlight the nature and role of NHRC.
 Highlight specific role and success in furthering human rights.
 Highlight lacunas of NHRC.
 Highlight the steps taken and needed to make it more effective.
Introduction
National Human Rights Commission (NHRC) is a multi-member statutory body formed by Protection of Human
Rights Act, 1993 that seeks to protect rights to life, liberty, equality, the dignity of an individual guaranteed by the
Constitution and enforceable by courts in India.

Body
The role played by NHRC:

 The primary function of NHRC is to conduct inquiries into violations of human rights.
 NHRC conducts inquiries for the following categories of violations:

o Violation of the right to life, liberty, equality and dignity.

o Violation of international treaties to which India is a party.

o Abetment of violation of human rights by a public servant.
o Negligence of public servants in prevention Of human rights violations.
 In pursuance of this, NHRC can intervene in any judicial proceeding involving human rights violations,
visit jails and detention centres, recommend changes in the law, promote awareness about human rights,
utilise service of any investigation agency.

o This has resulted in many successes like Rights of Persons affected by HIV, Abolition of Manual
Scavenging, Steps towards checking custodial deaths etc.
Despite this, there are several lacunas related to NHRC, that led to the Supreme Court calling it as a toothless tiger.
These issues are as follows:

 Recommendatory nature of advice (non-binding) tendered by NHRC to the governments.

Pavani Gadiraju © 2022

 NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -10

 Limited power and jurisdiction with respect to members of armed forces. Also, NHRC is not empowered to
act when human rights violations through private parties take place.
 Lack of autonomy: NHRC doesn’t have its independent cadre of investigating officers.

o Police officials investigating for the NHRC are sent on deputation by their forces.

o However, their allegiance lies with their home cadre to which they return after their tenure at the
Commission is over.
 Rising pendency of cases and limited capacity and resources at its disposal also creates hindrance in
working of NHRC.
 All these factors have resulted in its ineffective functioning visible in still prevalent extra-judicial killings,
violence against vulnerable sections etc.
Conclusion
Human rights guarantee people the means necessary to satisfy their basic needs, such as food, housing, and
education, so they can take full advantage of all opportunities. In this context, a functionally autonomous watchdog
for Human rights is imperative in today’s market-oriented society.

Pavani Gadiraju © 2022

 NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -11

NHRC ON PUBLIC’S RIGHTS

Why in News

The National Human Rights Commission (NHRC) has asked the Centre to issue an advisory to all States and
Union Territories to implement the ongoing lockdown without violating the human rights of the public.

 Previously, the NHRC has also asked the Ministry of Home Affairs to address the concerns of the
mentally ill people on the streets during the lockdown to check the spread of the novel coronavirus.
Key Points

 In order to effectively implement the lock down guidelines, the public servants, sometimes under
tremendous pressure, tend to deal with the people, especially the ill-informed poor labourers, in a
very harsh manner undermining their rights.
 The NHRC through an advisory wants to ensure that the public servants behave in a sensible manner
with the people, particularly belonging to vulnerable sections, respecting human rights relating to
their life, liberty and dignity.
 It has said that In the meantime necessary directions may be issued by the Ministry to all the States
and Union Territories, to ensure that persons suffering from any kind of mental ailments under
their jurisdiction are provided with proper counselling towards necessary precautions for their
personal care and protection from the virus and not deprived of basic amenities like food, shelter
and medical care etc.
National Human Rights Commission

 Statutory Body: NHRC was established on 12th October, 1993. The statute under which it is
established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of
Human Rights (Amendment) Act, 2006.

o The PHRA Act also provides for the creation of a State Human Rights Commission
at the state level.
 In Line with Paris Principles: Paris Principles were adopted for the promotion and protection of
human rights in October 1991, and were endorsed by the General Assembly of the United Nations in
1993.
 Watchdog of Human Rights in the country: The NHRC is an embodiment of India’s concern for
the promotion and protection of human rights.

o Section 2(1)(d) of the PHRA defines Human Rights as the rights relating to life,
liberty, equality and dignity of the individual guaranteed by the Constitution or
embodied in the International Covenants and enforceable by courts in India.

Pavani Gadiraju © 2022

 NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -12

HUMAN RIGHTS VIOLATIONS

    Why in News

Recently data related to human rights violations in states was provided by the Ministry of Home Affairs in Rajya
sabha.

 Around 40% of human rights violation cases lodged annually by the National Human Rights
Commission (NHRC) in the past three financial years till this 31st October (2021) were from Uttar
Pradesh.
Key Points

 About:
o A human rights violation is the disallowance of the freedom of thought and
movement to which all humans legally have a right.
o While individuals can violate these rights, the leadership or government of
civilization most often belittles marginalized persons.
o This, in turn, places these people in the cycle of poverty and
oppression. Individuals who approach life with the attitude that not all human lives
are of equal value then perpetuate this cycle.
 Examples:
o Forcibly evicting people from their homes (the right to adequate housing)
o Contaminating water, for example, with waste from State-owned facilities (the right
to health)
o Failure to ensure a minimum wage sufficient for a decent living (rights at work)
o Failure to prevent starvation in all areas and communities in the country (freedom
from hunger).
 Types of Human Rights Violations:
o Directly or Intentionally:

 Violations can either be intentionally performed by the state and or

come as a result of the state failing to prevent the violation.
 When a state engages in human rights violations,
various actors can be involved such as police, judges,
prosecutors, government officials, and more.
 The violation can be physically violent in
nature, such as police brutality, while rights such as

Pavani Gadiraju © 2022

NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -13

the right to a fair trial can also be violated, where

no physical violence is involved.
o Failure by the state to Protect Rights:

 It occurs when there's a conflict between individuals or

groups within a society.
 If the state does nothing to intervene and protect vulnerable
people and groups, it's participating in the violations.
 In the US the state failed to protect black Americans
when lynching's frequently occurred around the
country.
 Current Scenario in India:
o Total Violations:

 The total number of rights’ violation cases in India lodged by the

NHRC reduced from 89,584 in 2018-19 to 76,628 in 2019-20 and to
74,968 in 2020-21.
 In 2021-22, till 31st October (2021), 64,170 cases
were lodged.
o Caste-based Discrimination and Violence:

 According to a report released last year, crimes against Dalits

increased by 6% from 2009 to 2018 with over 3.91 lakh atrocities
being reported.
o Communal and Ethnic Violence:

 Many people were attacked by vigilante cow protection groups and

many of those affected were minority groups.
 People from African countries faced racism and discrimination in
India.
o Freedom of Association:

 The government cancelled the registration of several civil society

organisations which specifically prevented them from getting foreign
funding, even after the United Nations (UN) claimed it was not in
accordance with international law.
o Freedom of Expression:

 Several people were arrested under sedition laws for expressing their

dissent with government policy and several Indians were arrested for
even posting comments on Facebook.
o Violence against Women:

 Recently released report National Family Health Survey (NFHS) 5,

points to rising instances of domestic and sexual violence against
women in the state.

Pavani Gadiraju © 2022

 NATIONAL HUMAN RIGHTS COMMISSION MAINS QUESTIONS -14

 It shows that married women, between the ages of 18-

49, who have ever experienced spousal violence, has
more than doubled from 20.6 in 2014-15 to 44.5%.
o Children's Rights:

 National Crime Records Bureau (NCRB) data reveals a total of

1,28,531 crimes against children were recorded in India last year
(2020), implying that an average of 350 such cases were reported
each day during the pandemic.
Way Forward

 Achieving a sustainable, practical and effective method of protecting human rights around the
globe that also allows local values and culture to remain intact.
 Humans must recognize the beauty of individual differences and attempt to understand each other
before a change can happen.
 Starting with the smaller steps, like understanding victims of rape, violence and discrimination
instead of perpetuating a victim-blaming culture, might be more influential than viewing the
situation through such an expansive lens.
o Only then will these examples of human rights violations turn into examples of
human kindness.

THE END

Pavani Gadiraju © 2022