Q9. 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.

Model Answer:

Introduction

The National Human Rights Commission (NHRC) in India was established under the Protection of Human Rights Act, 1993, to investigate human rights violations and recommend actions to protect citizens' rights. While it lacks enforcement powers, the NHRC plays a critical role in promoting human rights by complementing the judiciary and other accountability mechanisms within India’s governance framework.

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Role of NHRC in Promoting and Protecting Human Rights

• Investigative Authority: The NHRC conducts independent inquiries into human rights violations by public officials and recommends actions. This function supplements the judiciary, which may be overburdened, by providing prompt preliminary investigations and reports.
• Human Rights Awareness: The NHRC promotes awareness through campaigns and educational initiatives, fostering a culture of rights within society. This complements judicial interventions by creating an informed public, which is essential for asserting rights and demanding accountability.
• Policy Recommendations: The NHRC advises the government on policy reforms to strengthen human rights protections. This advisory role complements legislative institutions by pushing for legal changes, like amendments to the Protection of Human Rights Act, enhancing human rights frameworks.
• Preventive Detention and Custodial Deaths: The NHRC addresses custodial torture, extrajudicial killings, and detention issues by inspecting prisons and taking suo motu cognizance of such cases. These interventions complement judicial oversight, offering timely responses to cases where judicial action may be delayed.
• Collaboration with Civil Society: By working with NGOs and civil society organisations, the NHRC mobilises grassroots support for human rights, assisting courts and government agencies by gathering reliable data and providing on-ground perspectives on human rights issues.
• Protection of Vulnerable Groups: The NHRC prioritises rights of marginalised communities—such as SCs, STs, and children—advocating for their welfare and protection. This complements other constitutional bodies (like the National Commission for Scheduled Castes), reinforcing protections for vulnerable groups.

Challenges to NHRC’s Effectiveness

• Limited Powers: The NHRC lacks enforcement authority and can only make recommendations, which are often not binding. This limits its ability to ensure accountability independently.
• Resource Constraints: The commission operates with limited financial and human resources, affecting its capacity to investigate and monitor rights issues nationwide effectively.

Conclusion

‍The NHRC, despite its limitations, serves as an essential complement to the judiciary and other oversight institutions in promoting human rights in India. While the judiciary provides binding judgments, the NHRC’s proactive and preventive approach fills crucial gaps, offering timely investigations, policy guidance, and awareness initiatives. Enhancing its powers, resources, and collaboration with other institutions would enable the NHRC to play a more effective role in safeguarding human rights.

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