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Addressing the Imperative: Reforms Needed for NHRC

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   28-May-2024 | Aarifa Nadeem



The National Human Rights Commission of India, an 'A' category Paris Principles compliant National Institution, is a statutory body with complete financial and functional autonomy. It was established in 1993 by an Act of Parliament, the Protection of Human Rights Act of 1993, and has a broad remit to improve the protection and promotion of human rights. Despite being a recommendatory body, the Commission's recommendations are submitted to Parliament along with the Government's action report.

NHRC has made significant contributions to human rights in India, although its current capacity is limited due to structural and practical constraints. In the past few years, unlike the Chakma refugee crisis, it has distanced itself from various human rights issues. It has not been bothered by ongoing human rights violations in Kashmir or attacks by self-proclaimed cow vigilantes. It failed to address the problems of lakhs of migrant workers who were forced to trek home in desperate conditions during the pandemic lockdown, as well as the frequent harassment of journalists and activists across the country.

Functions of NHRC

The Supreme Court of India interpreted the residuary provision of 12(j) of The Protection of Human Rights Act, 1993 (PHRA), stating that human rights are not like decrees carved on a rock. They are created and deconstructed in the furnace of experience and the unchangeable process of human stand for freedom. They allow for some degree of mobility. Human rights categories are infinitely varied and never truly closed. Clause (j) of Section 12 of the PHRA includes a broad residuary clause that addresses scenarios not covered by sections (a) to (i).

  • The NHRC has worked to protect human rights by making consistent efforts to protect vulnerable groups, strengthen the criminal justice system, eliminate stringent legislation, protect health and mental health, secure the right to education and a healthy environment, protect human rights violations in the business sector, and so on.
  • The NHRC has also been involved in policy advocacy and judicial reform. It makes recommendations to the government on legislative and policy reforms that are required to properly protect human rights.
  • The NHRC has resolved more than 17 lakh cases, paid more than one billion rupees to victims of human rights breaches by various state authorities, and conducted over 750 on-the-spot inquiries.
  • It examines the safeguards afforded by the Constitution or any other law now in force for the protection of human rights and suggests actions to ensure their effective implementation.
  • The National Human Rights Commission researches agreements and other international human rights instruments and makes suggestions for their efficient execution.

The Geneva-based, United Nations-linked Global Alliance of National Human Rights Institutions (GANHRI) suspended the accreditation of the National Human Rights Commission-India (NHRC) on 1 May 2024 for the second year in a row, delivering a blow to India's human rights record. The NHRC’s “A-status” has only been suspended once before, in 2016, but it was restored in 2017. This is the first time India's status has been suspended for two consecutive years, in 2023 and 2024.

The previous report stated several grounds for recommending the deferral, including a lack of transparency in appointing members to the NHRC, the appointment of police personnel to oversee human rights investigations, and a lack of female and minority representation on the member panel.

NHRC plays a crucial role in protecting and promoting human rights. However, there are several areas where reforms are necessary to enhance its effectiveness, ensure independence, improve accountability, and address the evolving human rights landscape. Here are some key reforms needed for the NHRC:

Strengthening Independence

Strengthening the independence of the National Human Rights Commission is crucial to ensure it functions effectively and impartially in safeguarding human rights.

  • Appointment Process: The process for appointing the NHRC chairperson and members should be made more transparent and independent. Currently, the selection committee is dominated by the government, which can lead to political influence. Including more diverse and independent voices, such as representatives from civil society and the judiciary, can ensure more impartial appointments.
  • Public Scrutiny: Introduce a public scrutiny process where shortlisted candidates' names and qualifications are available for public comments and feedback. This can enhance transparency and public trust in the appointment process.
  • Independent Audits: Regularly audits the NHRC’s functioning and finances to ensure transparency and accountability. The audit reports should be made public to enhance trust and credibility.

Enhanced Powers and Jurisdiction

Enhancing the powers and jurisdiction of the NHRC is essential to make it more effective in addressing human rights violations. Here are some key reforms that can be undertaken to strengthen the NHRC’s powers and jurisdiction:

  • Binding Recommendations: Empower the NHRC to make binding recommendations rather than advisory ones, particularly in cases of serious human rights violations. This would enhance its authority and ensure more stringent compliance by state and central agencies.
  • Expanded Jurisdiction: Broaden the NHRC’s jurisdiction to cover the actions of private entities and non-state actors, as human rights violations are not only perpetrated by the state. This would allow the NHRC to address issues such as corporate human rights abuses and violence by non-state actors.
  • Enhanced Investigative Powers: Create specialized investigative units within the NHRC for different types of human rights issues, such as gender-based violence, child rights, minority rights, and indigenous peoples’ rights. These units should be staffed with experts in their respective fields to ensure thorough and effective investigations.
  • Regional Offices: Strengthen and expand the network of regional offices to ensure better accessibility and quicker response times. Regional offices should be empowered with more authority to handle cases independently.

Increased Accountability and Transparency

Enhancing the accountability and transparency of the National Human Rights Commission (NHRC) of India is essential for ensuring its effectiveness, credibility, and trustworthiness.

Here are several key reforms to achieve this:

  • Regular Audits and Reports: Implement regular audits and require the NHRC to publish detailed annual reports on its activities, including the outcomes of its interventions and the status of implementation of its recommendations.
  • Public Hearings and Consultations: Conduct public hearings and consultations on major human rights issues. These hearings should involve victims, activists, experts, and government officials, facilitating open dialogue and accountability.
  • Follow-Up Reports: Require detailed follow-up reports from the NHRC on the implementation status of its recommendations. These reports should include information on compliance by government agencies and the impact of implemented recommendations.
  • Compliance Database: Create a publicly accessible online database that tracks the status of NHRC recommendations, including whether they have been implemented, partially implemented, or ignored.

Focus on Human Rights Education and Advocacy

Focusing on human rights education and advocacy is vital for NHRC to effectively promote and protect human rights. Here are several key strategies and reforms to enhance the NHRC's role in human rights education and advocacy:

  • Inclusive Processes: Conduct public hearings and consultations on major human rights issues and involve civil society organizations, human rights defenders, and affected communities in the NHRC’s work. This can enhance transparency, accountability, and public trust in the commission.
  • Awareness Campaigns: Launch nationwide campaigns to raise awareness about human rights and the role of the NHRC. Launch nationwide media campaigns using television, radio, print, and social media to raise awareness about human rights and the work of the NHRC. These campaigns can highlight important issues, educate the public about their rights, and encourage reporting of violations.
  • Advocacy and Policy Development: Actively engage in advocacy and contribute to the development of policies that promote human rights. Actively engage in the legislative process by providing recommendations for new laws or amendments to existing laws that promote human rights. The NHRC should work closely with lawmakers to ensure that human rights considerations are integrated into all relevant legislation.
  • NGO Partnerships: Partner with non-governmental organizations (NGOs) and civil society groups that work on human rights issues. Collaborate on educational programs, advocacy campaigns, and community outreach initiatives. Provide training and capacity-building support to NGOs and grassroots organizations to strengthen their ability to promote and protect human rights at the local level.

Improving Victim Support and Rehabilitation

Improving victim support and rehabilitation is a critical area where the National Human Rights Commission can enhance its effectiveness. By focusing on comprehensive support mechanisms for victims of human rights violations, the NHRC can ensure better outcomes for individuals and communities affected by abuses. Here are several key reforms needed to improve victim support and rehabilitation:

  • Victim Assistance Programs: Develop comprehensive programs for providing psychological, medical, and legal support to victims of human rights violations. The NHRC should work with other agencies to ensure victims receive timely and adequate assistance. Ensure that these centers are accessible to all, especially in rural and remote areas. Mobile units can be deployed to reach victims in isolated regions.
  • Victim Compensation and Support: Ensure that victims of human rights violations receive timely and adequate financial compensation and support. The NHRC should work towards creating mechanisms for providing psychological, medical, and legal assistance to victims. These centers should provide a one-stop solution for victims, offering a range of services including legal aid, counseling, and medical assistance.
  • Monitoring Implementation: Establish a robust mechanism for monitoring the implementation of its recommendations and ensuring that victims receive the remedies proposed by the NHRC.
  • Community Outreach: Increase engagement with communities, particularly marginalized and vulnerable groups, to raise awareness about human rights and the role of the NHRC. This can include workshops, seminars, and outreach programs.

Strengthening International Collaboration

Strengthening international collaboration is essential for NHRC to enhance its effectiveness, adopt best practices, and align with global human rights standards. Here are several key reforms needed to strengthen the NHRC’s international collaboration:

  • International Collaboration: Foster stronger collaboration with international human rights organizations and commissions to adopt best practices and leverage global support for addressing human rights issues in India. Invite international human rights experts to provide technical assistance and training to NHRC staff. Focus on areas such as investigative techniques, human rights education, and victim support.
  • Adopting International Best Practices: Adopting international best practices on human rights can significantly enhance the effectiveness and credibility of the National Human Rights Commission. Organize study tours and exchange programs with other NHRIs and international human rights organizations. Learn from their experiences and adopt best practices suited to the Indian context.
  • Reporting to UN Bodies: Actively engage in reporting to and participating in UN human rights bodies and mechanisms, such as the Universal Periodic Review (UPR) and Committee on the Elimination of Discrimination against Women (CEDAW), to hold the government accountable at the international level.
  • Collaborative Research Projects: Partner with international human rights institutions and organizations to conduct joint research on critical human rights issues. Publish reports that reflect comparative perspectives and provide actionable recommendations. Establish protocols for sharing data and research findings with international bodies. This can help in building a comprehensive understanding of global human rights trends and challenges.

Conclusion

By implementing these reforms, the NHRC can become a more powerful and effective institution in safeguarding human rights in India, ensuring that it meets the highest standards of independence, transparency, and accountability. All these efforts will not only improve the NHRC’s effectiveness in addressing human rights issues domestically but also bolster its reputation and influence on the international stage.

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