Q. 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. (200 words, 12.5 marks)

Answer: 

Approach:

Introduction

  • Briefly explain what the National Human Rights Commission (NHRC) is and its role in India.

Body

  • Discuss how the NHRC investigates human rights violations, citing examples where it has stepped in when these violations may not have reached the courts.
  • Explain how the NHRC reviews and recommends changes to laws and policies, and advocates for new laws that advance human rights, with relevant examples.
  • Discuss the role of the NHRC in promoting awareness about human rights and creating a culture of respect for human rights.
  • Explain how the NHRC advises the government on human rights issues, ensuring government accountability.
  • Discuss how the NHRC cooperates with international human rights bodies to ensure that India’s human rights protection measures are in line with international standards.
  • Towards the end of the body, discuss the need for the NHRC to be more supported by other mechanisms that ensure government accountability, explaining how it lacks the power to enforce its recommendations and how it needs more cooperation from the judiciary, the government, and civil society.

Conclusion

  • Highlight the need for more support from these other institutions and mechanisms that ensure government accountability for the NHRC to be more effective.

Introduction:

The National Human Rights Commission (NHRC) in India has played a significant role in promoting and protecting human rights standards since its inception in 1993. It is an autonomous public body that was established to protect and promote human rights, defined by the UN’s Universal Declaration of Human Rights, within India.

Body:

The NHRC can be seen as a vital complement to the judiciary and other institutions in the following ways:

  • Investigation of Violations:
    • The NHRC investigates violations of human rights, either on its initiative or based on complaints.
    • It can visit prisons and other institutions under the control of the government to ensure that they respect human rights standards.
    • For instance, the NHRC has played an active role in investigating instances of custodial deaths, police atrocities, and violations of the rights of marginalized communities.
    • It complements the judiciary by stepping in when these violations may not reach the courts.
  • Review of Laws and Policies:
    • The NHRC can review laws and policies for their human rights implications, recommend changes, and advocate for new laws that advance human rights.
    • It plays a crucial role in ensuring that the government’s actions align with India’s constitution and international human rights commitments.
    • For instance, NHRC’s recommendations were instrumental in the passing of the Protection of Human Rights Act.
  • Awareness and Education:
    • The NHRC has a crucial role in promoting awareness about human rights, creating a culture of respect for human rights.
    • It conducts public hearings, workshops, and campaigns to enhance people’s understanding of their rights, thereby complementing the educational efforts of other institutions.
  • Advisory Role:
    • The NHRC advises the government on human rights issues, serving as a bridge between civil society and the government.
    • It helps ensure government accountability by making recommendations based on its investigations and reviews.
    • For instance, during the COVID-19 pandemic, the NHRC issued advisories to the government on safeguarding the rights of marginalized and vulnerable sections of the society.
  • International Cooperation:
    • The NHRC cooperates with international human rights bodies, sharing best practices and learning from their experiences.
    • This cooperation helps ensure that India’s human rights protection measures are in line with international standards.

However, for the NHRC to be more effective, it needs more support from other mechanisms that ensure government accountability. The NHRC lacks the power to enforce its recommendations, relying on moral authority and public pressure to make the government act. It needs more cooperation from the judiciary, which can enforce its recommendations, and from the government, which must implement the recommended changes. It also needs more cooperation from civil society, which can help by spreading awareness about human rights and reporting violations.

Conclusion:

The NHRC plays a vital role in complementing the judiciary and other institutions in promoting and protecting human rights in India. However, for it to be more effective, it needs more support from these other institutions and mechanisms that ensure government accountability.

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Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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