National Human Rights Commission Siva Prasad
About Me . Bachelors and Masters in Physics from Indian Institute of Science (ISc), Bangalore .INSPIRE Scholar, DST Govt. of India Interested in Physics, current affairs, economics.... . Physicist, Blogger, Teacher.... Wrote UPSC CSE Mains 2017 Research Publication in Journal of Applied Physics
Contents . Introduction . Composition Functions . Powers . Maior Hu s in India .Achievements & Failures man Rights issue Recent Developments . Issues Way Forward . Questions
ntroduction Human Rights means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the International covenants and enforceable bv courts in India. The National Human Rights Commission (NHRC) was established on October 12, 1993 Its statute is contained in the Protection of Human Rights Act, 1993, and is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October, 1991, and endorsed by the General Assembly of the United Nations in Resolution 48/134 of December 20, 1993 . . The Commission is an embodiment of India's concern for the promotion and protection of human rights
Composition . The National Human Rights Commission is constituted by the central government and comprises: o A Chairperson who is a retired Chief Justice of India o One Member who is or has been a Judge of the Supreme Court o One Member who is or has been the Chief Justice of a High Court o Two Members to be appointed from amongst persons having knowledge of or practical experience in matters relating to human rights .In addition, the Chairpersons of the National Commission for Minorities the National Commission for the Scheduled Castes and Scheduled Tribes and the National Commission for Women are deemed to be Members of the Commission for the discharge of specific functions.
Speaker Lok Sabha Chairman Rajya Sabha LoP Lok Sabha LoP Rajya Sabha RECOMMENDATION CHAIRMAN & MEMBERS) Prime Minister Union Home Minister Chairman Retire Chief Justice of India Ex officio members are the chairmen'sof Sitting or Retired Judges of SC Member 1 National Commission for Scheduled Caste (SC) or Serving or Retired Chief lustice of HC Member2 Member3 National Commission for Scheduled Tribes (ST) Practical knowledge in this field Member 4 National Commission for Minorities and National Commission for Women. National Human Right Commission
Functions * Section 12 lays down that the Commission shall perform all or any o Inquire, on its own initiative or on a petition presented to it by a o Violation of human rights or abetment or negligence in the o Intervene in any proceeding involving any allegation of violation of of the following functions, namely: victim or any person on his behalf, into complaint of- prevention of such violation, by a public servant; human rights pending before a court with the approval of such court
o Visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to studv the living condition of the inmates and make recommendations thereon; o Review the safeguards by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation; o Review the factors, including acts of terrorism that inhibit the enjoyment o Study treaties and other international instruments on human rights and o Undertake and promote research in the field of human rights; of human rights and recommend appropriate remedial measures; make recommendations for their effective implementation;
o Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means; o Encourage the efforts of non - Governmental organizations and institutions working in the field of human rights; o Such other functions as it may consider necessary for the promotion of human rights.
Powers While inquiring into complaints under the Act, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular the following, namely; o Summoning and enforcing the attendance of witnesses and examining them on oath; o discovery and production of any document; o receiving evidence on affidavits; O requisitioning any public record or copy thereof from any court or office; o issuing commissions for the examination of witnesses or documents; o any other matter which may be prescribed
Major Human Rights issues in India .The world's largest democracy is plagued by widespread violations:- o Custodial Torture o Right to Work and Labor Rights o Extrajudicial Killings o Arbitrary Arrest and Detention o Excessive Powers of the Armed Forces and the Police o Sexual Violence o Conflict-Induced Internal Displacement
o Child Labor o Manual Scavenging o Violence and discrimination against Women, Children o Lesbian, Gay, Bisexual, Transgender Rights o Problems faced by Scheduled Castes and Scheduled Tribes, Religious Minorities, Persons with Disabilities.
O Since its inception, the Commission has been strongly recommending that steps be taken to ensure the realization of the Right to Education of all children up to the age of 14 years, as provided in Article 45 of the Constitution o The Commission has been actively involved, in collaboration with other organizations, in providing human rights sensitization and training to civil servants, personnel of army and paramilitary forces, judicial officers and prison officials.
. Paris principles :- The UN Paris Principles provide the international benchmarks against which NHRIs can be accredited under five heads The institution shall :- o Monitor any situation of violation of human rights which it decides to take up. o Able to advise the Government on specific violations, on issues related to legislation and general compliance and implementation with international human rights instruments. o Be able to relate to regional and international organizations. o Have a mandate to educate and inform in the field of human rights. o Some institutions should be given a quasi-judicial competence.
Number of Cases Pending & Disposed (those with recommendation for compensation) Disposed Pending 337 257 226 141 106 120 100 2013-14 2014-15 2015-16 2016-17 (up to 30th June)
Number of Cases & Compensation 500 Number of Cases 1600 450 Compensation 1400 400 1200 350 300 1000 250 800 200 600 150 400 100 50 200 0 2013-14 2014-15 2015-16
o It only has recommendatory powers with no penal provisions for its non-implementation. o Its annual report is not timely laid in parliament. o Lack of adequate manpower. o Major portion of its budget goes for office expenses leaving less for research and awareness generation purposes o It can't investigate a case after 1 year of its occurrence.
. Leverage ICT to reach out to the youth of the nation in these digital times. NHRC should not be understaffed, independent recruitment and management of staff - this will ensure smooth functioning of NHRC . Separate body to investigate cases where police are allegedly involved in human rights violation. NHRC should also promote Human Right Activism in India, by advertisements, citizen-centric attitude, easy accessibility & pro- active involvement in various affairs.
TN Textbook Class 11 History SIVA PRASAD
Alumni- Indian Institute of Science(IISc), Bangalore; UPSC Mains'17;Stanford Reliance Fellowship Finalist; Telegram- akmsiva