Critically examine the functioning of National Human Rights Commission of India (NHRC) as an apex institution entrusted with the protection of human rights in the country.

Case: National Human Rights Commission (NHRC) is a statutory body formed under NHRC Act.

Recently GANHRI (Global Human Rights agency) asked to recognize NHRC for 2nd consecutive time.

NHRC as an effective agency:

(A) → Has quasi judicial power to investigate breaches of human rights

eg: Habeas case

(B) → Takes a more active role

eg: Bhopal incident 1 don't care

(C) → Upholds human rights

eg: Compensation to Punjab mass killing

(D) → Co-operate & co-ordinate with other agencies eg: NCST, NCST, NCSC, NCW.

(E) → Submit report to president annually.

However there are some glaring deficiencies in it:

1. Related to powers:

a) Section 11 → dependent on member grievance on touch

b) Section 18 → is multiple enactment eg: Army

c) Section 26 → cannot obtain complaint toying legal year

2. Appointment issue:

a) No enforcement mechanism eg: Dependent place

b) Only advisory body → not binding

c) Delayed report eg: No chairperson post-2021

3. Interfacing issue:

a) NO enforcement mechanism

b) Only advisory body → not binding

c) Delayed report eg: Not used in half way

e) Lack of direct representation (guard by GANHRI's)

Way forward:

1. Constitutionalize NHRC → Strengthen democracy

2. Autonomy → funds charged in CAP

3. Own enforcement agency.

NHRC as stated by ex-chairman HL Dutta - it's a toothless tiger.

Way forward (CIDC):

1. Constitutionalize NHRC

2. Autonomy → Funds charged in CAP

3. Own enforcement agency.

3. Interfacing issues:

a) NO enforcement mechanism

b) Only advisory body → not binding

c) Delayed report eg: Not used in half way

e) Lack of direct representation (guard by GANHRI's)

Way forward:

1. Constitutionalize NHRC

2. Autonomy → funds charged in CAP

3. Own enforcement agency.

NHRC as stated by ex-chairman HL Dutta - it's a toothless tiger.

— DEEKSHA PATKAR · AIR 88