Q16. Multiplicity of various commissions for the vulnerable sections of the society leads to problems of overlapping jurisdiction and duplication of functions. Is it better to merge all commissions into an umbrella Human Rights Commission? Argue your case.

Model Answer:

Introduction

India has established multiple commissions to safeguard the rights and welfare of vulnerable sections of society, such as the National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), National Commission for Women (NCW), and others. However, the proliferation of such bodies has led to overlapping jurisdictions and duplication of functions, prompting debates over whether merging them into a single umbrella Human Rights Commission would enhance efficiency.

Body

Advantages of an Umbrella Human Rights Commission:

• Holistic Approach: A single commission could adopt a holistic approach to human rights, considering the interconnected nature of issues such as caste, gender, and minority rights. This would allow for more comprehensive interventions and solutions.
• Elimination of Overlap: Merging these bodies could eliminate overlapping jurisdictions and ensure that there is no duplication of functions. For example, both the NCSC and NCST often deal with issues related to marginalised communities, leading to confusion and delays in addressing grievances.
• Efficient Resource Allocation: A unified commission would streamline resources such as staff, infrastructure, and budget, reducing administrative costs and enhancing the overall functioning of the body.
• Single Window for Grievances: Victims of human rights violations would benefit from a single-window system where they could file complaints without having to navigate different commissions. This would improve access to justice for vulnerable communities.
• Improved Coordination: An umbrella commission would enhance coordination among different departments and stakeholders, ensuring a more focused approach to human rights protection. It could also provide better data collection and monitoring of human rights violations.

Challenges of Merging Commissions:

• Dilution of Specialisation: The current commissions have specific mandates and expertise in addressing the unique issues faced by particular communities. Merging them could dilute this focus and result in a one-size-fits-all approach that may not adequately address the specific needs of different groups.
• Risk of Bureaucratic Delays: A larger, more centralised commission could lead to bureaucratic inefficiencies and delays in decision-making. The current structure allows each commission to focus on a limited set of issues and act swiftly.
• Resistance from Stakeholders: Various commissions have established their own identity and networks, and stakeholders may resist the idea of merging them into a single body. For example, women’s rights advocates may fear that the unique issues faced by women could be sidelined in a broader human rights agenda.
• Constitutional and Legal Concerns: Some commissions, such as the NCSC and NCST, are constitutionally mandated. Merging them into a statutory human rights body could require constitutional amendments, which may be legally complex and politically contentious.

Alternatives to Merger:

• Coordination Mechanism: Rather than merging, a coordination mechanism could be established to ensure better communication and collaboration between the various commissions. This would address the issue of overlapping jurisdictions without losing the specialised focus of individual commissions.
• Strengthening the National Human Rights Commission (NHRC): The NHRC could be empowered to play a supervisory role over other commissions, ensuring that their activities are coordinated and aligned with broader human rights goals.
• Streamlining Functions: The functions of existing commissions could be streamlined, ensuring that each body focuses on its core mandate while referring to cases that fall under another commission’s jurisdiction.

Conclusion

‍While merging all commissions into an umbrella Human Rights Commission could lead to greater efficiency and coordination, it also risks diluting the specialised focus needed to address the distinct challenges faced by vulnerable communities. A more balanced approach may involve strengthening coordination among existing commissions and enhancing the role of the NHRC, ensuring that human rights protection remains both focused and comprehensive.

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