Q.12 Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations, suggest remedial measures.

Model Answer:

Introduction

The Human Rights Commissions (HRCs) in India, established under the Protection of Human Rights Act, 1993, play a crucial role in safeguarding human rights. They investigate complaints, review safeguards, and promote human rights awareness. Their importance lies in holding the government accountable for human rights violations, ensuring justice and protection for vulnerable groups.

Body

However, HRCs face significant structural limitations:

  • Advisory Nature: Their recommendations are not binding, reducing their impact.
  • Lack of Financial Autonomy: Dependence on government funding compromises their independence.

For instance, the National Human Rights Commission (NHRC) recommended action in the custodial death cases in Uttar Pradesh, but the state government did not fully implement these recommendations.

Practical limitations include:

  • Limited Investigative Powers: HRCs cannot investigate cases already being looked into by other commissions or courts.
  • Inadequate Resources: Shortage of staff and infrastructure hampers their efficiency.

‍

To enhance the effectiveness of HRCs, the following remedial measures are suggested:

  1. Binding Recommendations: Amend the law to make HRC recommendations binding on the government.
  2. Financial Autonomy: Allocate a separate budget to ensure independence.
  3. Enhanced Investigative Powers: Empower HRCs to investigate all human rights violations comprehensively.
  4. Capacity Building: Increase staffing and infrastructure to handle cases efficiently.

Conclusion

In conclusion, while HRCs are pivotal in protecting human rights, their structural and practical limitations hinder their effectiveness. Strengthening their autonomy, powers, and resources will enable them to assert themselves more effectively against the powerful, ensuring better protection of human rights in India.

‍

Instant Mains Evaluation with SuperKalam

✅ Now that you have gone through the model answer, try practicing and writing it in your own words and evaluate it instantly with SuperKalam here - Evaluate Mains Answer instantly

‍

Read more blogs