Day 16 – Q 3. How would you assess the performance of National Commission of Human Rights in India? What can be done to make it more effective?
3. How would you assess the performance of National Commission of Human Rights in India? What can be done to make it more effective?
आप भारत में राष्ट्रीय मानवाधिकार आयोग के प्रदर्शन का आकलन कैसे करेंगे? इसे और अधिक प्रभावी बनाने के लिए क्या किया जा सकता है?
The national human rights commission is a statutory body established under the provisions of Protection of Human Rights Act, 1993. It is responsible for looking into cases of excesses which are violating human rights and to strengthen the efforts to uphold the human rights in the country.
Success of NHRC:
1) NHRC issued guidelines where in death in police custody has to be reported to NHRC within 48 hrs.
2) Vocal in opinion of laws such as TADA (Terrorist and disruptive activities prevention act) and POTA (prevention of terrorism act)
3)Suo moto took cognisance of deportation of Rohingya refugees –the commission was of opinion that Rohingya have a fear of persecution. Back in 1994 had taken about issue of safety of Chakma community in Arunachal Pradesh
4) Had taken up issue of death of kids due to malnutrition in Odisha-The recommendations were accepted by state government
5) Had worked for improving the conditions of denotified tribes.
6) Strengthening of women and children rights and improving their condition
Issues with respect to NHRC:
1) Recommendations of NHRC are not binding: NHRC has had very little success in getting the victims financial compensation
2)Has limited power over armed forces: Can only ask for a report from concerned department –This has handicapped NHRC with respect to involvement of violation of human rights by armed forces
3) Private bodies are out of ambit of NHRC
Recommendations which can make NHRC more effective
1) Decisions need to be made enforceable
2) Can include civil society human rights activist’s members for better understanding of situation at hand
3) Staff should be recruited independently rather than deputation from government.
4) Should remove the barrier of not taking complaints older than a year
The biggest achievement of NHRC has been to raise awareness about need to protect human rights and initiate a dialogue about the same. The journey ahead won’t be easy but NHRC need to continue pushing mandate so as to fulfil expectation of people.
Best Answer: Target19