UNIT 12 INSTITUTIONAL MECHANISMS TO

PROTECT HUMAN RIGHTS

Structure
12.1 Introduction
Aims and Objectives
12.2 National Human Rights Commission
12.3 State Human Rights Commissions
12.4 National Commission for Women
12.5 National Commission for Minorities
12.6 National Commissions for SCs, STs and Backward Classes
12.7 Civil Society, Media and Non-governmental Organisations
12.8 Summary
12.9 Terminal Questions
Suggested Readings

12.1 INTRODUCTION
The previous Units of this course apprised you of the significance of the human rights of
all including women and children that are guaranteed under the Constitution of India. It
is also necessary that these rights are ensured through certain institutional mechanisms
through which grievances could be addressed and justice rendered. Some of these
institutions are listed in this Unit for the information of the learner. These institutions act
as checks on the violations of human rights. In case of violations, the citizens and
communities concerned could approach these institutions and present their case so that
their rights are restored. These institutions are statutory bodies that help the citizens to live
a life of dignity and respect. These also ensure accountability on the part of various
bodies and help in discharging the statutory obligation of promoting human rights. Various
efforts have been made at the international level to protect human rights. In India too,
efforts are on to ensure these rights and resultantly, various commissions have been set
up to address these issues. Some of these commissions include National Commission for
Women, National Commission for Minorities, National Commission for Backward Classes,
National Commission for Scheduled Castes and Scheduled Tribes and so on. This Unit
deals with these commissions in detail.
Aims and Objectives
This Unit would enable you to understand
 The significance of ensuring human rights;
 Various commissions to ensure human rights; and
 The necessity of these institutions.
Institutional Mechanisms to Protect Human Rights 147

12.2 NATIONAL HUMAN RIGHTS COMMISSION

The Government of India, to ensure a free and fair Redressal of human rights violation,
enacted the Human Rights Protection Act, 1993. It thus made efforts to fulfil its
Constitutional obligation to protect each and every citizen and in consonance with the said
Act, the National Human Rights Commission, henceforth addressed as NHRC, came into
existence. The Commission has a Chairman (usually a retired Chief Justice of Supreme
Court) and seven other members belonging to the judiciary branch. The members are
appointed by the President of India and could be removed only on grounds that are
serious in nature like convicted or adjudged as insolvent. The Commission is assisted by
a Secretary General, Police, Administrative, Technical and Scientific staff.
The Commission’s functions include the following:
1. To inquire into the violation of human rights or abetment thereof either on its own
or on a petition submitted by an affected party or on his behalf by any person, or
negligence shown by a public servant in the prevention of such a violation.
2. To intervene in any of the proceedings pending before a court with the permission
of such court on any complaint of violation of human rights.
3. To visit any jail, or any institution where persons are detained or lodged for purposes
of treatment, reformation or protection under the control of a state government with
an advance notice to study the living conditions of the inmates and to make
recommendations.
4. To review the safeguards for the protection of human rights provided by the
Constitution or any of the existing law and to suggest measures to Central and State
Governments for their effective implementation.
5. To review all the aspects that inhibit the enjoyment of human rights including acts of
terrorism and recommend the remedial measures to the Government.
6. To study the treaties and other international instruments on human rights and make
recommendations to the central government for their effective implementation.
7. To undertake and promote research in the field of human rights.
8. To propagate the concept of human rights and to promote the awareness for their
protection among various sections of the society, it can undertake publication of
books or pamphlets or conduct seminars, or use the media or any other means
available to it.
9. To promote and support the non-governmental organizations and institutions working
in the field of human rights.
Powers of the Commission
1. The Commission exercises the same powers of a civil court under the Civil
Procedure Code, can give summons, enforce or request any public record examination
of witnesses, etc.,
2. It can direct any person to submit such information as required by it; the person(s)
is bound legally to furnish the same.
148 Human Rights: Indian Perspective

3. It can seize any document or enter any building concerning any matter of inquiry
subject to the provisions of Criminal Procedure Code.
4. In case of accused persons, the Commission is empowered to record facts, as
specified under the Criminal Procedure Court and can also transmit the case to a
Magistrate for conducting the trial.
5. The Commission may adopt different procedures such as calling for information or
report either from central or state government concerned within a time frame or if
it deems needs immediate action, it need not even consult relevant government or
authority.
6. The Commission may authorise Central Government to submit any required report;
the government is bound to inform the Commission about the action taken; and the
Commission has to publish related report giving its recommendations.
7. The Commission also exercises investigative powers, utilise services of any officer or
investigative agency and examine their statements.
8. The Commission may enquire into the conduct of any person but with certain
limitations; it cannot do so if the inquiry affects the reputation of any person.
The existence of NHRC clearly expresses the government’s commitment to ensure human
rights, international accountability and treaty obligations to the UDHR. The NHRC has
different roles to fulfil, which are given as follows:
 as an inquiry agency- where it can inquire into the incidence of human rights
violations like custodial deaths, encounter killings, police atrocities, reports of starvation,
and so on.
 As an agency of reform- it can also study the issue of overcrowding of prisons,
recommend the introduction of vocational courses, provide medical care, and ensure
humane and just conditions.
 As an agency of reviewing existing laws and international obligations- the Commission
asked the Law Commission to review the Terrorist Disruptive Activities (Prevention)
Act (TADA). It can also contribute significantly to issues relating to child labour and
child prostitution.
 As an agency to promote Human Rights Education- the Commission plays a key role
in promoting human rights education and increase awareness among large sections of
people about such rights. This would include groups like ministers, civil servants,
Human Resource Development Ministry, NCERT, police, military, academicians,
NGOs etc.

12.3 STATE HUMAN RIGHTS COMMISSIONS

The Protection of Human Rights Act, 1993, provides for the establishment of State
Human Rights Commissions (SHRC). The composition of the SHRC is same as that of
the NHRC. It is appointed by the Governor of the state concerned and the members’
term could be terminated only by proven misbehaviour or incapacity. The responsibilities
of the Chief Ministers are crucial if the SHRCs have to function effectively.
Institutional Mechanisms to Protect Human Rights 149

In the Protection of Human Rights Act, 1993, Sec.21, the Constitution of State Human
Rights Commission is clearly enumerated. “A State Government may constitute a body to
be known as the...(name of the State) Human Rights Commission to exercise the powers
conferred upon, and to perform the functions assigned to, a State Commission under this
chapter”. As mentioned earlier, the composition of the Commission is same as that of the
NHRC, except that the SHRC functions at the state level. There are certain limitations
to its functions as it may not inquire into the said matter if it is already being inquired
into by the Commission or any other Commission duly constituted under any law for the
time being in force. The Chairperson and other members of the State Commission are
appointed by the Governor by warrant under his hand and seal; provided that every
appointment under the sub-section shall be made after obtaining the recommendation of
a Committee consisting of (a) The Chief Minister (Chairperson); (b) Speaker of the
Legislative Assembly (Member); (c) Minister in-charge of the department of Home in the
State (Member); (d) Leader of the Opposition in the Legislative Assembly (Member). No
appointment of a Chairperson or a Member of the State Commission shall be invalid
merely by reason of any vacancy in the Committee. The grounds for removal include
proved misbehaviour, incapacity, and insolvent, unfit to continue in office or is convicted
or sentenced.
Sec. 28 deals with the Annual and special reports of State Commission. The State
Commission shall submit an annual report to the State Government and may at any time
submit special reports on any matter which, in its opinion, is of such urgency or
importance that it should not be deferred till submission of the annual report. The State
Government shall cause the annual and special reports of the State Commission to be laid
before each House of State Legislature where it consists of two Houses, or where such
Legislature consists of one House, before that House along with a memorandum of action
taken or proposed to be taken on the recommendations of the State Commission and the
reasons for non-acceptance of the recommendations, if any. The Commission also
provides for Special Public Prosecutor. For every Human Rights Court, the State
Government shall, by notification, specify a Public Prosecutor or appoint an advocate who
has been in practice as an advocate for not less than seven years, as a Special Public
Prosecutor for the purpose of conducting cases in that Court (Sec. 31).
At present, 14 states had set-up State Human Rights Commissions. These states are
Assam, Himachal Pradesh, Jammu &Kashmir, Kerala, Madhya Pradesh, Maharashtra,
Manipur, Orissa, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh, West Bengal and
Chhattisgarh. Andhra Pradesh and Karnataka too have notified their establishment. The
State Human Rights Commissions too have taken up issues relating to people who are
deprived of facilities like public health, sanitation, nutritional security, drinking water quality,
prevention of child marriages; the commissions also address issues of rights violation faced
by persons with disability. Though there are many serious allegations against the armed
forces regarding violation of human rights, they have been kept out of the purview of the
NHRC and SHRCs.

12.4 THE NATIONAL COMMISSION FOR WOMEN

The National Commission for Women Bill, 1990 was passed by both the Houses of
Parliament and received assent of the President on 30th August, 1990. It came into force
on 31st January, 1992 as The National Commission for Women Act, 1990. For long, it
has been felt that women need to be rendered justice as they have never been treated
150 Human Rights: Indian Perspective

well either at home or at work place. Several incidents of crime against women has
necessitated the setting-up of a statutory body to look into the welfare issues of women.
The inequality suffered by women on all fronts has called for the redress of women
related issues. Various women’s groups and activists have been making persistent demands
to address these issues and as a result, the National Commission for Women Bill, 1990
was introduced in the Lok Sabha on 22nd May, 1990.
The main function of the Commission shall be ‘to study and monitor all matters relating
to the constitutional and legal safeguards provided for women, to review the existing
legislations and suggest amendments, wherever necessary. It will also look into the
complaints and take suo moto notice of the cases involving deprivation of the rights of
women in order to provide support, legal or otherwise, to helpless women. The
Commission shall monitor the proper implementation of all the legislations made to protect
the rights of women so as to enable them to achieve equality in all spheres of life and
equal participation in the development of the nation’ (The National Commission Acts).
Some of the prime functions of the Commission include the following:
 Investigate and examine measures relating to the safeguards provided for women.
 Present reports upon the working of those safeguards and to make recommendations
for the effective implementation thereof.
 Review, from time to time, the existing provisions of the Constitution and of other
laws affecting women.
 Take up the cases of violation of the provisions of the Constitution and of other laws
relating to women with the appropriate authorities.
 Look into complaints and take notice of matters relating to the deprivation of
women’s rights, non-implementation of laws, non-compliance of policy decisions and
take up the issues with appropriate authorities.
 Investigate into specific problems or situations arising out of discrimination and
atrocities against women.
 Suggest ways of ensuring due representation of women in all spheres by undertaking
promotional and educational research.
 Advise on the planning process of socio-economic development of women.
 Evaluate the progress of the development of women under the Union Government
and any State Government.
 Inspect any jail, remand home, women’s institution or other place of custody where
women are kept as prisoners or otherwise and take up with the concerned
authorities for remedial action.
 Fund litigation involving issues affecting a large body of women.
 Make reports on any matter pertaining to women and their difficulties thereof.
The Commission’s Chairperson is appointed by the Central Government and five members
are recommended by the Central Government who have expertise in different fields. The
Chairperson usually holds office for a period of three years. Its expenses are taken care
Institutional Mechanisms to Protect Human Rights 151

of by the government. The Commission shall maintain proper accounts and records related
to its work; it comes under the purview of Comptroller and Auditor General of India for
its auditing; it shall prepare annual reports regarding its activities and submit it to the
Central Government.

12.5 NATIONAL COMMISSION FOR MINORITIES

India is a nation marked by diversity and multiculturalism. Due to its varied past, it has
assimilated people of other cultures and traditions over the centuries. These people now
constitute the population of India. Some of them fall under the category of minority groups
based on ethnic, religious and linguistic factors. Soon after the independence, the members
of the Constituent Assembly felt the need to bring one and all under one entity. Therefore,
the Constitution was framed in a manner so as to guarantee the rights of all the citizens.
Over the years, due to some vested interests, fissures were felt on different issues; at the
same time, the awareness of rights has also necessitated that the Constitutional guarantee
of rights be fulfilled. As more and more people began voicing their concerns, the demand
for an appropriate body to address these issues also gained momentum and resultantly,
The National Commission for Minorities Act came into existence in 1992.
In 1978, a Minorities Commission was set up to instill confidence among the minorities
for ensuring implementation of the safeguards and the law. Later, to give a statutory status
to the Commission was decided and thus the National Commission for Minorities Bill,
1992 was introduced in the Lok Sabha on 4th May, 1992. This status would not only
infuse confidence among the minorities about the working and effectiveness of the
Commission but also would carry enough weightage with the Central/ State governments
and also Union Territory Administrations. It has a Chairperson, Vice-Chairperson and five
members nominated by the central government from amongst the persons of eminence and
integrity and the members should be necessarily from the minority communities. They
assume office for a period of three years and could be removed only on grounds of
incapability, unsound mind, holding another post simultaneously or convicted or sentenced.
The functions of the Commission include:
1. Evaluating the progress of the development of minorities issues in India;
2. Monitoring constitutional and legal safeguards for minorities, as enacted by the
Parliament and State Assemblies;
3. Recommending effective implementation of safeguards for the protection of minority
interests by the Central Government or the State Governments;
4. Focusing on specific complaints regarding the deprivation of rights and safeguards of
minorities;
5. Suggesting appropriate measures to be undertaken by the Central Government or the
State Governments;
6. Make periodical or special reports to the Central Government on any matter
pertaining to minorities and in particular difficulties confronted by them;
7. The commission is empowered to summon or enforce attendance of any person from
any part of India and examine him on oath;
152 Human Rights: Indian Perspective

8. Requisition of any public record or copy thereof from any court or office;
9. Issue commissions for the examination of witnesses and documents;
10. Cause studies to be undertaken into problems arising out of any discrimination against
minorities and recommend measures for their removal.

12.6 NATIONAL COMMISSIONS FOR SCs, STs and

BACKWARD CLASSES
The National Commission for Scheduled Castes and Scheduled Tribes was originally
formed in 1978, as the Commission for Scheduled Castes and Scheduled Tribes.
The main functions of the Commission include:
1. Monitoring issues involving constitutional safeguards provided for SC/STs
2. Enquiring into specific complaints with respect to the deprivation of rights and
safeguards of SC/STs.
3. Reporting to the President of India regarding the functioning of these safeguards
4. Recommending measures that should be taken by the Union or any state for the
effective implementation of these safeguards and other measures for the protection,
welfare, and socio-economic development of SC/STs.
The NCSCST was bifurcated into two separate commissions NCSC and NCST in 2004
and operate as independent entities.

12.6.1 Functions and Duties of the Scheduled Castes Commission

The functions, duties and power of the Commission have been laid down in clauses (5),
(8) and (9) of the Article 338 of the Constitution. Clause (5): It shall be the duty of the
Commission: to investigate and monitor all matters relating to the safeguards provided for
the Scheduled Castes under this Constitution or under any other law for the time being
in force or under any order of the Government and to evaluate the working of such
safeguards; (b) to inquire into specific complaints with respect to the deprivation of
rights and safeguards of the Scheduled Castes; (c) to participate and advise on the
planning process of socio-economic development of the Scheduled Castes and to
evaluate the progress of their development under the Functions of Union and any State;
(d)  to  present    to  the  President,  annually  and  at  such  other  times  as  the  Commission  may
deem fit, reports upon the working of those safeguards; (e) to make in such reports
recommendations as to the measures that should be taken by the Union or any State for
the effective implementation of those safeguards and other measures for the protection,
welfare and socio-economic development of the Scheduled Castes; and (f) to discharge
such other functions in relation to the protection, welfare and development and advancement
of the Scheduled Castes as the President may, subject to the provisions of any law made
by Parliament, by rule specify.
The Commission shall have all the powers of a civil court trying a suit; it can summon,
enforce the attendance of any person from any part of India and examining him on oath;
the discovery and production of any documents; Receive evidence on affidavits; Requisition
any public record or copy thereof from any court or office; Issue commissions for the
examination of witnesses and documents; (f) Any other matter which the President may
Institutional Mechanisms to Protect Human Rights 153

by rule, determine; Clause (9) The Union and every State Government shall consult the
Commission on all major policy matters affecting Scheduled Castes.

12.6.2 Functions and Duties of the Scheduled Tribes Commission

Under Clause (5) of Article 338A, the Commission performs the duties as follows: to
investigate & Monitor matters relating to Safeguards provided for STs under the
Constitution or under other laws or under Govt. Order, to evaluate the working of such
Safeguards; to inquire into specific complaints relating to Rights & Safeguards of STs; to
participate and Advise in the Planning Process relating to Socio-economic development of
STs, and to evaluate the progress of their development under the Union and any State;
to submit report to the President annually and at such other times as the Commission
may deem fit, upon/ working of Safeguards, Measures required for effective implementation
of Programmers/ Schemes relating to Welfare and Socio-economic development of STs;
to discharge such other functions in relation to STs as the President may, subject to the
provisions of any law made by Parliament, by rule specify; the Commission would also
discharge the following functions with regard to the protection, welfare, development and
advancement of the Scheduled Tribes. It takes measures: over conferring ownership rights
in respect of minor forest produce to the Scheduled Tribes living in forest areas; to
safeguard rights to the Tribal Communities over mineral resources, water resources etc. as
per law; for the development of tribals and to work for more viable livelihood strategies;
to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by
development projects; to prevent alienation of tribal people from land and to effectively
rehabilitate such people in whose case alienation has already taken place; to elicit
maximum cooperation and involvement of Tribal Communities for protecting forests and
undertaking social afforestation; to ensure full implementation of the Provisions of Panchayats
(Extension to the Scheduled Areas) Act, 1996 (40 of 1996); to reduce and ultimately
eliminate the practice of shifting cultivation by Tribals that lead to their continuous
disempowerment and degradation of land and the environment.

12.6.3 National Commission for the Backward Classes

The Supreme Court of India, in its judgement regarding reservation of appointments to
backward classes, on 16th November 1992, directed the Government of India to
constitute a permanent body by 15th March 1993 for entertaining and examining and for
recommending upon requests made for it, for, inclusion and complaints of over-inclusion
and under-inclusion in the lists of backward classes of citizens. With Parliament not in
session, the President promulgated the National Commission for Backward Classes
Ordinance, 1993 on the 1st of February, 1993. To replace the Ordinance with act, the
NCBC Bill, 1993 was introduced in the Rajya Sabha. It received the assent of the
President on 2nd April, 1993 after being passed by both Houses of Parliament and came
into effect retrospectively from 1st February, 1993. The term Backward Classes implies
such backward classes of citizens other than the SCs and STs as specified by the Central
Government. It consists of a Chairperson (Judge of the Supreme Court or High Court),
a social scientist, two persons who have expertise in backward classes issues and
Member-Secretary (officer equal to the rank of Secretary to the Government of India).
They hold office for a term of three years and the grounds on which they could be
removed is same as that of the conditions contained in other Commissions.
Functions and Powers of the Commission
 The Commission shall examine requests for inclusion of any class of citizens as a
154 Human Rights: Indian Perspective

backward class in such lists and hear complaints of over-inclusion or under-inclusion

of any backward class in such lists and tender such advice to the Central
Government as it deems appropriate.
 The Advice of the Commission shall usually be binding upon the Central Government.
 The Commission can summon or enforce the attendance of any person from any part
of India and examine him on oath;
 Receive evidence on affidavits, require the discovery and production of any document;
 Requisition any public record or copy thereof;
 Issue commissions for the examination of witnesses and documents.
The Central Government can undertake at any time, upon the expiration of ten years from
coming into force, revision of the lists with a view to exclude such lists who have ceased
to be backward classes or include a list of new backward classes. It would so by
consulting the Commission.

12.7 CIVIL SOCIETY, MEDIA AND NON-

GOVERNMENTAL ORGANISATIONS
In the last fifty years in India, in the political arena, the Emergency period was said to
have been characterised by the curtailment of human rights of the citizens. The promulgation
of Ordinances legitimized the government’s actions, such as arresting people on the pretext
of ‘preventive detention’ as well as establishment of new intelligence outfits which assisted
the government with its agenda’ (Kaushlendra Mishra, 2008, p.23). Though this phase
ended soon, the importance of civil liberties was realised and soon, many organisations
came up to champion the human rights issues. Today, the society has various groups
speaking for human rights such as Civil Society, NGOs and Media that time and again
voice their concerns. The role of these institutions is elaborated in the following paragraphs.
Civil Society and Human Rights
Civil society is considered as a basic pillar of democracy. Its role is being viewed more
positively and as requiring for a vibrant democracy. It facilitates and sustains participation
by the citizens and its role goes beyond acting as a facilitating institution. The very basic
idea behind civil society is to share interests, purposes and values, it is but natural that
it is viewed as an important component in society and viewed with much respect. It
consists of those organisations and groups that commonly work for the good of the
society and is formally and legally independent from state but acts in consonance with
state and its agencies. Civil society and its actors have gained an important role not only
in the debate over political transition but also in the practice of development cooperation,
at least from the mid-1980s. This shift is seen in voluntary agencies’ and NGOs’
increased involvement in development cooperation (Debiel and Sticht, 2005, p.9. Cited in
Thania Paffenholz, 2010, p.15). The momentum gained by the civil society is a result of
the political developments, wherein in 1990s, there was felt an increasing need for
improved governance and democratisation. The end of the Cold War provided an
opportunity ‘to establish principles of good governance, respect for human rights, and the
rule of law- priority objectives in development cooperation. Thus, a vibrant civil society
was considered an important pillar for establishing democracy, and support for it became
Institutional Mechanisms to Protect Human Rights 155

an obvious aim of democratization (Schmidt, 2000, p.312. Cited in Paffenholz, p.16).

Civil society does influence the decisions of the state in many an important matter. It
undoubtedly strives towards contributing to social, economic and political change for the
betterment of the society.
According to the World Bank, there are three main functions of civil society: advocacy,
monitoring and direct service delivery. This applies very well to the human rights aspects
also. Merkel and Lauth’s function model of civil society has the following five essential
features: (1) Protection- the civil society has the responsibility to remind the state of its
work to protect people and compel the state to honour its commitment. (2) Intermediation
between state and citizens- it ensures a balance between central authority and social
networks and safeguard the rule of law. (3) Participatory socialization- civil society
should encourage the people to participate actively in exercising democratic rights, be
better citizens, involve in public life and develop trust, tolerance and acceptance. (4)
Community-building and integration- it is a catalyst for civil virtues, helps build societal
cleavages, foster social cohesion. (5) Communication- public communication is an important
component of civil society and ensures room for debate, participation and democratic
decisionmaking. Therefore, with such a virtuous role, civil society is the right forum to
actively voice human rights concerns to the state, and remind it of its duty to safeguard
the basic rights of security apart from ensuring basic necessities like food and clothing. On
many occasions, the various groups of civil society in India actively advocated for state
action to mitigate hunger, poverty and starvation and ensure food security to all. The state
also becomes vigilant when there is a vibrant civil society and tries to ensure the
betterment of all.
Media and Human Rights
Media, of late, has become more active in the realms of the Indian public life. It has been
quite active in its reporting and update of various, political, social economic and related
aspects thereby creating awareness among the public about the day-to-day developments.
Further, the access to media like radio, television, internet and other sources, has made
public much more aware of the developments around. Along with the increase in access
to the media, the awareness about one’s rights has also increased considerably thereby
making the citizens active participants in their public life. Though technology has developed
and there is an increasing need of media to public, many people are still unaware of their
rights. It is here that the media plays a crucial role in spreading the awareness so that
every individual can lead a life of dignity irrespective of class, colour, creed and gender.
The role of media in protection of human rights cannot be undermined. Media is not only
a communicator of the public, but also its span extends furnishing facts, analyse and
comment on different issues so as to shape the public opinion. The media is an important
tool to spread the social, political, economic and other agenda as set by the government
or reflect public opinion. As 24×7 news channels are in operation, people have become
more aware of their rights. In politically sensitive areas, the media is often restricted to
air its news and opinion so as not to disturb the calm demeanour of the public. But often,
media has been facing censure for its over-active approach.
Media plays major role in protecting and promoting human rights all over the world. It
is essential to make people aware of the need to promote values for the betterment of
all. Certain values like peace, non-violence, harmony, cordiality and maintenance and
promotion of human rights to all irrespective of caste, colour and creed can be best
156 Human Rights: Indian Perspective

imparted through media. It has often exhibited its ability to shoulder such responsibility
and maintain harmony among different groups. It can make people strive continuously
towards the protection of their rights and pursue them till they are achieved.
 Media can also give publicity to the individuals and organisations, which are engaged
in securing human rights. This will encourage as well as motivate others to do the
similar work.
 Media can inform and educate the people of their rights and suggest ways and
means by which they can solve their problems and thus empowering them to protect
their rights.
 Since media plays the role of communication between the state and the public, it can
also play an effective role of making the authorities aware of their duties.
 The main aim before the journalists should be to give facts but not in a manner and
with the purpose to create sensation and to arouse the sentiments of the people.
Projection and language should be decent and civilised.
 While reporting such violation media should not get influenced by authorities. It
should look deep into the problem and provide solutions. Mere reporting of the facts
is not enough. It should give reasons of the problem and the nature of the violations
and then give solutions.
 Press has a sacred duty to focus human rights violations and then measures for
protecting them. The right to freedom of expression is not absolute and unfettered in
all circumstances but bound by duty to maintain peace and harmony of the body
polity by exercising prudence and restraint in the exercise of right to freedom of
speech.
(G.N.Ray, The Role of Media in Protection of Human Rights, see URL).
Non-governmental Organisations and Human Rights
In India, the NGOs play a crucial role in highlighting and working for human rights issues.
Infact it is the NGOs that often highlight the role of state as aggressor that violates the
basic rights of the citizens. This, in a way, also acts as a check as the state becomes
more vigilant in its conduct to ensure basic human rights. The NGOs help in creating
awareness about the significance of rights; in getting the state initiate reforms in its policies
and actions; and also apprise the marginalised groups such as women, backward sections
and minorities about the necessity of human rights upliftment. The six major functions of
human rights NGOs include:
 Gathering, evaluating and disseminating human rights
 Advocating human rights
 Lobbying and mobilizing public opinion
 Providing legal aid
 Providing humanitarian relief
 Developing human rights norms.
Institutional Mechanisms to Protect Human Rights 157

In a country like India, where different groups, cultures, traditions and languages exist, it
is imperative that the tradition of human rights be upheld so as to live a life of dignity
and respect. This also prevents arbitrary arrests and actions by government or its
agencies; further, the marginalised groups too stand protected against untoward incidents.
In the beginning, the NGOs concentrated primarily on civil liberties issues; they have now
come to encompass various issues like economic and social rights; poverty, hunger and
malnutrition; environment and ecological issues; women’s and children’s issues and so on.
The NGOs have also been fighting against human rights violations in far-flung areas where
the armed forces are usually at the centre of controversy. Unfortunately, most of the
NGOs do not have a comprehensive approach and many of them are also isolated for
their fight against important issues where there are vested interests. NGOs actively pursue
human rights issues; create, implement and protect human rights; they play active role in
extending legal assistance, literacy and awareness; and help in mobilising voluntary groups
to work for legal aid and public interest litigation regarding human rights.
The Human Rights NGOs have major responsibilities in the course of their functioning.
Some of them are enumerated as below:
1. Work consistently to improve human rights situation and make delivery of justice
more efficient.
2. To help in imbibing and promoting a spirit of unity and integrity.
3. To promote advanced studies and research in the law and human rights issues.
4. To actively propel government and its agencies for reforms wherever necessary.
5. Undertake extensive studies and documentation in human rights issues.
6. Make legal remedies available to one and all for addressing their grievances.
7. Spread the knowledge and promote awareness on human rights in collaboration with
schools, colleges and other relevant institutions.
Some of the important NGOs in India working towards this direction are Vigil India
Movement (Bangalore); Prayas (New Delhi); Society for Rural Development and Action
(Himachal Pradesh) etc. The role of the NGOs is incomparable for they provide legal,
moral and intellectual support to these basic issues that concern one and all. It is through
their efforts that justice- political, social, economic, cultural, are ensured thus making social
justice an important component in our everyday lives (see V.R.Dasgupta, 2001).

12.8 SUMMARY
In this Unit, the learner is apprised of the various institutions that work consistently to
uphold the rights of the public. From the Indian Constitution to the ordinary citizen, it
becomes the pertinent duty to maintain these rights and help in ensuring them to all. The
institutions as pointed out in this Unit are not the only ones working for protection of
rights. There are others too who have been engaged in silently working for the rights
issues. By no means is the information exhaustive. Therefore, it is necessary for the
learner to take an indepth view relating to the subject. No rights are absolute; at the same
time, no institution can be taken for granted as they hold their importance in carrying out
this gigantic task for the benefit of the mankind. The institutional mechanisms provide us
with a legitimate route towards securing our rights and ensure the same for others. Their
158 Human Rights: Indian Perspective

role and contribution towards this end is trustworthy and deserves much respect from all
of us.

12.9 TERMINAL QUESTIONS

1. What is the contribution of the National Human Rights Commission in upholding the
human rights of the citizens of India?
2. How do the State Human Rights Commissions contribute towards ensuring human
rights?
3. Write short notes on the following:
(a) National Commission for Women
(b) National Commission for Minorities
(c) Role of Civil Society in the promotion of human rights.
4. In what way do the NGOs help in securing human rights?
5. Discuss briefly the role of National Commissions for Backward Classes in upholding
the human rights.

SUGGESTED READINGS
Bhanwarlal, Harsh., Human Rights Law in India: Protection and Implementation of the
Human Rights Act, 1993, Regal Publications, New Delhi, 2008.
Biswal, Tapan., Human Rights, Gender and Environment, Viva Books Private Limited,
New Delhi, 2006.
Mishra, Kaushlendra., NGOs in the Human Rights Movement, Navyug Publishers and
Distributors, New Delhi, 2008.
Paffenholz,Thania., (ed), Civil Society & Peacebuilding: A Critical Assessment, Lynne
Rienner Publishers, Inc, London, 2010.
Ray, Arun., National human Rights Commission of India: Formation, Functioning and
Future prospects, Khama Publisher, New Delhi, 1997.
G.N.Ray, The Role of Media in Protection of Human Rights,
h t t p : / / p r e s s c o u n c i l . n i c . i n / s p e e c h p d f /
The%20Role%20of%20Media%20in%20Protection%20of%20Human%20Rights%20Visakhapatnam.pdf)
accessed on 30-3-2012.
The National Commission Acts, Universal Law Publishing Co. Pvt. Ltd, 2006.