Introduction to National Human Rights Commission

The National Human Rights Commission (NHRC) of India is a statutory body established on 12 October 1993 under the Protection of Human Rights Act (PHRA), 1993. This act was later amended by the Protection of Human Rights (Amendment) Act, 2006. According to Section 2(1)(d) of the Act, human rights are defined as the rights relating to life, liberty, equality, and dignity guaranteed by the Constitution of India.

The National Human Rights Commission works in alignment with the Paris Principles adopted in 1991 and endorsed by the UN General Assembly in 1993. These principles guide national institutions in the promotion and protection of human rights.

Functions of the National Human Rights Commission

Watchdog of Human Rights

The National Human Rights Commission plays the role of a vigilant watchdog by:

• Intervening in court cases involving human rights violations.
  
  
• Reviewing constitutional and legal safeguards for human rights protection.
  
  
• Conducting jail visits to assess conditions of inmates.
  
  

Advisory and Supportive Role

The National Human Rights Commission:

• Recommends effective implementation of international human rights treaties.
  
  
• Supports NGOs and institutions working voluntarily in the field of human rights.
  
  
• Promotes research and training programs to spread human rights awareness.
  
  

Encouragement of Civil Society Participation

The commission encourages civil society and non-governmental organizations to actively participate in strengthening human rights efforts across India.

Challenges Faced by the National Human Rights Commission

Despite its mandate, the National Human Rights Commission faces several challenges:

Limited Powers

• It can only make recommendations, not enforce them.
  
  
• Lacks the authority to punish violators of human rights.
  
  
• Is powerless in cases involving private individuals or entities.
  
  

Political Interference and Operational Issues

• Political interference in appointments hampers its neutrality.
  
  
• Poor engagement with civil society organizations.
  
  
• Inadequate representation of marginalized groups in NHRC decisions.
  
  

Suo Motu Cognizance

Although the National Human Rights Commission can take suo motu cognizance, its effectiveness remains limited, as seen in recent cases like the Anbu Jothi Ashram and PoSH violations by sports federations.

Performance of National Human Rights Commission

Promotion and Awareness

The National Human Rights Commission conducts seminars, training programs, and publishes resources to promote a human rights culture in India.

Disaster and Displacement Interventions

It has intervened in individual cases of displacement due to dams, disasters, and conflicts, ensuring justice and relief for victims.

Global Engagement

The National Human Rights Commission actively participates in international forums like the Asia Pacific Forum of NHRIs and has extended support to countries like Nepal, Jordan, and Rwanda.

Achievements

With over 17 lakh cases disposed of and over Rs. 1 billion awarded as compensation, NHRC has made significant contributions in delivering justice to human rights violation victims.

Way Forward for National Human Rights Commission

• Empower the National Human Rights Commission as a Constitutional body.
  
  
• Ensure appointments are politically neutral and inclusive of civil society members.
  
  
• Make NHRC decisions enforceable by law.
  
  
• Broaden NHRC's mandate to include emerging challenges like cybercrime and artificial intelligence.
  
  
• Establish strict timelines for investigation and resolution of complaints.
  
  

Conclusion

The National Human Rights Commission plays a crucial role in safeguarding fundamental rights and promoting human dignity. In today’s dynamic and evolving society, a fully autonomous and empowered NHRC is essential to ensure that justice, equality, and freedom are accessible to every citizen.