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insightsonindia.com/2016/07/09/insights-editorial-toothless-tiger-nhrc-needs-powers-apex-court/
By INSIGHTS
Insights into Editorial: Toothless tiger NHRC needs more powers: Apex court
09 July 2016
The Supreme Court recently said it did not augur well for a democracy like India to have a National Human Rights
Commission (NHRC) which was helpless to redress human rights violations as states seldom implemented its
recommendations.
NHRC has also informed the court that it had no power to act against persons or authorities who did not follow
the guidelines laid down by it nor did it have the power to issue directives or pass orders but could only make
recommendations.
Background:
While dealing with the alleged extra-judicial killings of 1,528 persons in Manipur by police and armed forces, the
court proposed to examine the grievance of NHRC that it has become a toothless tiger. The court has proposed to
consider the nature of guidelines issued by the NHRC whether they are binding or only advisory.
All you need to know about NHRC:
The National Human Rights Commission (NHRC) of India is an autonomous public body constituted on 12 October
1993 under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by
the Protection of Human Rights Act, 1993 (TPHRA).
The NHRC is the national human rights institution, responsible for the protection and promotion of human
rights, defined by the Act as rights relating to life, liberty, equality and dignity of the individual guaranteed by
the Constitution or embodied in the International Covenants.
Composition:
It consists of a Chairman and 4 members. Chairman should be a retired Chief Justice of India.
Members should be either sitting or retired judges of the Supreme Court or a serving or retired Chief
Justice of a High Court and 2 persons having practical knowledge in this field.
Ex officio members are the chairmen of National Commission for Scheduled Caste, National
Commission for Scheduled Tribes, National Commission for Minorities and National Commission for
Women.
Appointment: The chairman and members are appointed on the recommendation of a 6 member committee
consisting of Prime Minister, Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, leaders of
opposition in both the houses of parliament and Union Home Minister.
Term: Term of the chairman and members is 5 years or 70 years whichever is earlier. After retirement they are not
eligible for further reappointment.
Removal: President has to refer the matter to Supreme Court and if after enquiry Supreme Court holds it right then
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Governments should seriously consider the recommendations made by NHRC as NHRCs orders are
passed by persons who had long training and experience as judges of the Supreme Court and high courts.
Directives are issued by them after sifting chaff from grain, which they are judicially trained to do.
Also, a large number of human rights violations occur in areas where there is insurgency and internal conflict.
Not allowing NHRC to independently investigate complaints against the military and security forces only
compounds the problems and furthers cultures of impunity. It is essential that commission is able to
summons witnesses and documents.
As non-judicial member positions are increasingly being filled by ex-bureaucrats, credence is given to the
contention that NHRC is more an extension of the government, rather than independent agency
exercising oversight.
NHRC also needs to develop an independent cadre of staff with appropriate The present arrangement of
having to reply on those on deputation from different government departments is not satisfactory as
experience has shown that most have little knowledge and understanding of human rights issues.
Conclusion:
An important point to be noted is that Human Rights Commissions are not the panacea for all problems related to
the subject in a society. They tend to be effective only under a given set of circumstances, but most importantly, a lot
depends on the level of funding, functional independence, and institutional autonomy guaranteed to the HRC. It is
nearly 15 years since the National Human Rights Commission (NHRC) was established in India through the
adoption of the Protection of Human Rights Act, 1993, by Parliament. Now is a good time to examine not only the
functioning and effectiveness of the NHRC and the SHRCs but also to identify the central challenges relating to
human rights in the future and work towards tackling them. It is important that Human Rights Commissions (HRCs)
succeed in their efforts to promote and protect human rights.
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