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. Analyzing their structural and practical limitations, suggest remedial measures

GS 2
Indian Polity
2021
15 Marks

Subject: Indian Polity

India's constitutional commitment to human rights protection is embodied through the Protection of Human Rights Act, 1993, which established the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs). From its inception in 1993 to November 2024, the NHRC has registered over 2.3 million cases, demonstrating its significant role in human rights protection.

Contributions of Human Rights Commissions

  • Case Resolution: The NHRC has disposed of 66,378 cases in 2023-24, showing its effectiveness in addressing human rights violations.
  • Compensation Orders: The commission ordered ₹2 lakh compensation to a minor's family who died due to an open drain, demonstrating its commitment to justice.
  • Investigative Powers: Active involvement in investigating cases like fake encounters and collaborating with the judiciary for resolution.
  • Rights Awareness: Conducting awareness programs and publishing reports on human rights situations.

Structural Limitations

  • Advisory Nature: Recommendations are not binding on the government, limiting enforcement capabilities.
  • Appointment Process: Selection committee dominated by government representatives affects independence.
  • Resource Constraints: Limited budget allocation (₹24-26 crore for NCW during 2018-21) affects operational efficiency.
  • Jurisdictional Restrictions: Cannot investigate cases after one year of occurrence of human rights violation.

Practical Limitations

  • Political Interference: Lack of complete autonomy from executive control.
  • Bureaucratic Delays: Long pendency of cases affects timely delivery of justice.
  • Limited Staff: Inadequate human resources for investigating complaints.
  • Implementation Gaps: Poor compliance with recommendations by authorities.

Remedial Measures

  • Statutory Powers: Strengthen the commission by making its recommendations binding through legislative amendments.
  • Financial Autonomy: Increase budgetary allocation (like the proposed ₹19.55 billion for future operations).
  • Appointment Reforms: Include civil society representatives in the selection committee.
  • Capacity Building: Enhanced training and resources for investigation teams.
  • Technology Integration: Implement digital case management systems for efficient handling.

The way forward lies in transforming these commissions from being mere "recommendation bodies" to "enforcement authorities" through comprehensive reforms and strengthened institutional frameworks, as seen in successful models like the European Court of Human Rights.

Answer Length

Model answers may exceed the word limit for better clarity and depth. Use them as a guide, but always frame your final answer within the exam’s prescribed limit.

In just 60 sec

Evaluate your handwritten answer

  • Get detailed feedback
  • Model Answer after evaluation
Evaluate Now

Crack UPSC with your
Personal AI Mentor

An AI-powered ecosystem to learn, practice, and evaluate with discipline

Start Now
SuperKalam is your personal mentor for UPSC preparation, guiding you at every step of the exam journey.
Follow us

ⓒ Snapstack Technologies Private Limited