Role of NHRC in safeguarding human rights

Ever since it was formed it has been receiving lots of complaints and there is ever increasing
number every day and its main objective is also to provide the justice for it .it has also gained
reputation for its independent functioning and integrity. The NHRC has pursued its mandate
and priorities with determination and considerable success.

There have been well spoken cases done by the commission but here are some significant
ones which have been spoken a lot such as the campaigns against discrimination of HIV
patients. Making governments to report the cases of custodial deaths or rape with 24 hours of
the happening of the act. And failing such would amount to suppression or violating the
citizens right to get heard and given justice. An important intervention of the Commission
was related to Nithari Village in Noida, UP, where children were sexually abused and
murdered. Recently, NHRC helped bring out in open a multi crore pension scam in Haryana.
It also is looking up the sterilization tragedy of Chattisgarh1.

In spite of many achievements, the NHRC has been marred with controversies. For instance,
the Batla House encounter case in the recent past. The Commission’s report giving clean chit
to the Delhi Police came under fire from various quarters. It was said that the Commission
had failed to conduct a proper inquiry as its officials never visited the site and filed a report
on the basis on the police version2.

Functions and Powers of Commission

The Commission performs the following functions, namely:
Inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into
complaint of
a) negligence in the prevention of such violation, by a public servant.
b) intervene in any proceeding involving any allegation of violation of human rights pending
before a court
c) 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

1
https://forumias.com/portal/nhrc-composition-functions-role-safeguarding-human-rights/
2
https://blog.forumias.com/
treatment, reformation or protection to study the living conditions of the inmates and make
recommendations.
d) review the safeguards provided by the Constitution or any other law being in force
e) lay down recommendations for proper implementation after examining any treaties signed
f) promote research works in the field of human rights.
g) creating awareness by establishing the literacy of human rights among all societies of
people3.
h) motivating the NGOs to involve more.

Major Human Rights issues in India

Nobody can deny the humongous magnitude of human right violations taking place in our
country4. The world’s largest democracy is plagued by widespread violations. I have listed a
few major issues which are taken up by NHRC.
 Right to Work and Labour Rights
 Custodial Torture
 Arbitrary Arrest and Detention
 Extrajudicial Killings
 Sexual Violence
 Excessive Powers of the Armed Forces and the Police
 Violence and discrimination against Women, Children
 Child Labour
 Lesbian, Gay, Bisexual, Transgender Rights

Limitations of the Commission

Whatever decisions made by the NHRC can only stay as recommendations not a binding one
which can make the governments enforce. A large number of incidents go unrecognized as
they is a limitation or immunity given Under the Protection of Human Rights Act, 1993, that
is the commission doesn’t not have the power to instigate into the matter if it is more than a
year old matter because of this provisions in the act many of the incidents go unrecognized
3
http://ijldai.thelawbrigade.com/index.php/2017/05/24/role-of-national-human-rights-commission-in-
protection-of-human-rights-in-india/
4
Jai S. Singh, “Protection and Promotion of Human Rights and Fundamental Freedoms by National Human
Rights Commission, State Human Rights Commission in States and Human Rights Court”, 45 (1&2) Journal of
Constitutional and Parliamentary Studies 92 (2011).
this is considered another disadvantage of the commission5

5
T. SuryanarayanaSastry, “The Structure, Functions and Powers of the National Human Rights Commission of
India”, 37 Indian Journal of International Law 96 (1997).