UPPSC Mains 2019 Paper 2

Briefly state the role of National Human Rights Commission in India.

Verified Answer

The National Human Rights Commission (NHRC) of India is a statutory body established under the Protection of Human Rights Act, 1993. Its primary role is to protect and promote human rights, defined as rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in international covenants and enforceable by courts in India. The NHRC acts as a watchdog of human rights in the country.

Key Roles and Functions of the NHRC:

  1. Investigation of Complaints: The NHRC inquires, either suo motu (on its own motion) or on a petition presented to it, into complaints of human rights violations by public servants or negligence in the prevention of such violations. This includes cases of police brutality, custodial deaths, discrimination, and other abuses.
  2. Intervention in Court Proceedings: The Commission can intervene in any proceeding involving allegations of human rights violations pending before a court, with the approval of that court.
  3. Review of Safeguards: It reviews the safeguards provided by the Constitution or any law for the protection of human rights and recommends measures for their effective implementation.
  4. Recommendations on Treaties: The NHRC recommends to the government steps for the effective implementation of international treaties and instruments on human rights.
  5. Research and Promotion: It undertakes and promotes research in the field of human rights and encourages the efforts of non-governmental organizations (NGOs) and institutions working in this domain.
  6. Human Rights Literacy and Awareness: The Commission spreads human rights literacy among various sections of society and promotes awareness of the safeguards available for the protection of these rights through publications, media, seminars, and other means.
  7. Visits to Jails and Detention Centers: It visits jails, detention centers, and other institutions where persons are detained or lodged for purposes of treatment, reformation, or protection, to study the living conditions of the inmates and make recommendations thereon.
  8. Reporting: The NHRC submits an annual report to the Central Government and State Governments, detailing its activities and recommendations.

Nature of Powers and Limitations: The NHRC possesses the powers of a civil court for inquiring into complaints. However, its recommendations are generally recommendatory and not binding on the government. It cannot punish human rights violators directly but can recommend compensation to victims and initiation of prosecution against the accused. The Commission cannot inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed. Furthermore, its jurisdiction over matters concerning the armed forces is limited, requiring it to seek a report from the Central Government and then make recommendations.

Despite these limitations, the NHRC plays a crucial role in upholding human rights, providing a platform for redressal, influencing policy, and fostering a culture of human rights awareness and respect in India.