The National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately supported by other mechanisms that ensure the accountability of a government. In light of the above observation, assess the role of NHRC as an effective complement to the judiciary and other institutions in promoting and protecting human rights standards.

GS 2
Indian Polity
2014
12.5 Marks

Subject: Indian Polity

The National Human Rights Commission (NHRC), established under the Protection of Human Rights Act, 1993, serves as India's premier watchdog for human rights protection. The commission's effectiveness has been significantly enhanced through landmark judgments like the Delhi High Court's ruling making NHRC recommendations binding, marking a crucial step in strengthening human rights protection mechanisms.

Role as a Complement to Judiciary

  • Quasi-Judicial Powers: NHRC can investigate human rights violations, summon witnesses, and recommend compensation to victims, complementing the formal judicial system.

  • Suo Moto Actions: The commission's ability to take up cases on its own initiative helps address human rights violations that might not reach courts directly.

  • Special Rapporteurs: NHRC's appointment of special rapporteurs for specific issues provides specialized expertise in human rights investigations.

Synergy with Other Institutions

  • Coordination with SHRCs: NHRC works in tandem with State Human Rights Commissions to create a comprehensive human rights protection framework.

  • International Collaboration: The commission maintains 'A' status accreditation with the Global Alliance of National Human Rights Institutions (GANHRI), facilitating international best practices.

  • Civil Society Interface: NHRC's engagement with NGOs and civil society organizations strengthens grassroots human rights monitoring.

Strengthening Accountability Mechanisms

  • Parliamentary Oversight: Annual reports submitted to Parliament ensure legislative scrutiny of human rights situation.

  • Research and Documentation: NHRC's research initiatives help in policy formulation and human rights awareness.

  • Constitutional Safeguards: Regular review of constitutional and legal frameworks ensures robust human rights protection.

Challenges and Way Forward

  • Limited Enforcement Powers: Despite the Delhi HC ruling, implementation of recommendations needs strengthening.

  • Resource Constraints: Need for enhanced financial and human resources for effective functioning.

  • Institutional Independence: Ensuring greater autonomy in appointments and functioning.

The NHRC's role as a human rights guardian has been reinforced by judicial pronouncements like the National Human Rights Commission vs State of Arunachal Pradesh & Anr (1996), which upheld its right to petition under Article 32. Moving forward, strengthening NHRC's powers through legislative reforms and ensuring better coordination with institutions like Lok Adalats and Legal Services Authorities will enhance its effectiveness in protecting human rights.

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