PAPER III General Studies- II: Governance, Constitution, Polity, Social Justice and International relations

Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies.

In News:Human rights groups question delay in appointment of NHRC chairperson

The National Human Rights Commission (NHRC) in India, while a vital institution for safeguarding human rights, confronts a variety of functional and structural obstacles that limit its efficacy. Discuss

The National Human Rights Commission (NHRC) in India plays a crucial role in protecting and promoting human rights, but it faces several functional and structural challenges that hinder its effectiveness:

Functional Challenges

1. Lack of enforcement power: The NHRC lacks the authority to enforce its recommendations, as they are not legally binding on the government.
2. Limited jurisdiction: The NHRC cannot investigate human rights violations by private parties, as its jurisdiction is limited to cases involving government officials or agencies. This leaves a significant gap in its ability to address human rights abuses.
3. Inadequate funding: The NHRC often faces budgetary constraints, which can limit its ability to carry out investigations, conduct research, and implement awareness campaigns effectively.
4. Delay in addressing complaints: The NHRC is overburdened with a large number of complaints, leading to delays in addressing individual cases of human rights violations.
5. Conflict of interest caused by the appointment of police to oversee investigations
6. Vacancies are not filled on time. Most human rights commissions are functioning with less than the prescribed Members. NHRC Chairperson’s post has been lying vacant for three-and-a-half months.

Structural challenges

1. Composition: The NHRC is dominated by retired judges and bureaucrats, which can give it a court-like character and limit its ability to engage with diverse stakeholders.
2. Appointment process: The process of appointing the NHRC chairperson and members is not entirely transparent, as it is based on the recommendations of a high-powered committee headed by the Prime Minister.
3. Lack of autonomy: The NHRC’s autonomy can be compromised by the government’s influence in the appointment process and its ability to determine the NHRC’s budget and staffing.
4. Lack of adequate representation of minorities and women on the panel.
5. No power to investigate old cases: The NHRC does not investigate complaints that are more than one year old. 
6. Overlapping jurisdiction: The NHRC’s jurisdiction overlaps with that of other national and state-level commissions, such as the National Commission for Scheduled Castes, National Commission for Minorities, and State Human Rights Commissions, leading to confusion and inefficiency.

Measures to enhance NHRC’s effectiveness

1. Granting Enforcement Powers: Amending the Protection of Human Rights Act to give the NHRC the power to enforce its recommendations and impose penalties for non-compliance could significantly enhance its impact.
2. Expanding Jurisdiction: Expanding the NHRC’s jurisdiction to include private entities and strengthening its ability to investigate human rights violations by non-state actors would help address a critical gap.
3. Ensuring Autonomy: Establishing a more transparent and independent process for appointing the NHRC chairperson and members, and guaranteeing adequate and stable funding, would help safeguard its autonomy.
4. Streamlining Jurisdiction: Clarifying the roles and responsibilities of the NHRC and other national and state-level commissions, and promoting better coordination among them, could improve efficiency and reduce duplication of efforts.

By addressing these functional and structural challenges, India can strengthen the NHRC and make it a more effective institution for protecting and promoting human rights in the country.

Source:https://www.thehindu.com/news/national/human-rights-groups-question-delay-in-appointment-of-nhrc-chairperson/article68638544.ece