Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures.
Main Body
The National Human Rights Commission is a statutory body passed into existence in 1991. It primarily deals with the violations of human rights issues, and quick, speedy and efficient restoration of rights. Contribution of NHRC: 1) Fighting for the rights of the marginalized and economically backward classes. eg: NHRC inquiring into his conditions of prison individuals => ussamaina matron N/S ders of Bihar => led to the release of 40,000 individual prisoners. 2) Protection of fundamental rights of socially exploited &
marginalized. Eg: During the constitution of common wealth games, the labourers were paid less man minimum wage by contractors => NHRC filed a petition in the supreme court. 3) Protection of female rights and violations of human dignity. Eg: NHRC's contribution in betterment of rape and acid attack victims. Nevertheless, there are various structural and practical impairments in their functioning. Challenges: 1) Lack of structural integrity- members dont have security of tenure, appointments by executive
authority => lack of autonomy to start proceedings against government. 2) Funding issues => conflict of interest. 3) Lack of constitutional status and position to initiate suo-moto enquires. 4) Recommendations of NHRC are not binding. Recommendations: 1) According constitutional status to NHRC. 2) Fact-back cases for petitions filed by NHRC => quick resolution. 3) Neutral funding sources to that functioning is not hampered. 4) The appointment committee should be free from executive interference. 5) Recommendations should be prima-facie binding & frequent follow-ups should be allowed. Therefore, NHRC is an important authority to protect the rights and it needs to be strengthened to accomplish its mandate.
Conclusion
Therefore, NHRC is an important authority to protect the rights and it needs to be strengthened to accomplish its mandate.
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Ritika
Constitutional Posts and Bodies - Appointment, Powers, Functions and Responsibilities
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analytical
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