Justice V. Ramasubramanian, former Supreme Court judge, has been appointed as the new Chairperson of the National Human Rights Commission (NHRC) by President.
About the National Human Rights Commission (NHRC)
- Establishment:
-
- Founded on 12 October 1993 under the Protection of Human Rights Act (PHRA), 1993.
- Formed in line with the Paris Principles, 1991, endorsed by the UN General Assembly in 1993.
- It is a statutory body created by the PHRA Act, 1993.
Objective:
- To safeguard and promote human rights as defined under Section 2(1)(d) of the PHRA, encompassing the rights to life, liberty, equality, and dignity guaranteed by the Constitution.
Composition:
- Chairperson: A former Chief Justice of India or a Supreme Court judge.
- Members:
- One former or sitting Supreme Court judge.
- One former or sitting Chief Justice of a High Court.
- Three individuals with expertise in human rights, including at least one woman.
- Ex-Officio Members: Chairpersons of various National Commissions (e.g., for SC/ST, Women, Minorities) and the Chief Commissioner for Persons with Disabilities.
Functions and Powers:
- Investigate Human Rights Violations: Including those committed by public servants or due to negligence.
- Make Recommendations: On the protection and effective enforcement of human rights.
- Review Laws: Evaluate treaties and international instruments related to human rights.
- Promote Research and Awareness: Encourage studies, publications, and education on human rights.
- Inspect Institutions: Visit jails and other detention facilities to assess living conditions.
Shortcomings in NHRC Functioning:
- Non-Binding Recommendations: NHRC’s recommendations lack legal enforceability.
- No Punitive Powers: Cannot punish violators or provide direct relief to victims.
- Limited Armed Forces Jurisdiction: Restricted role in cases involving military personnel.
- Time Restrictions: Cannot address violations reported after one year.
- Resource Constraints: Overburdened with limited resources and understaffed state commissions.
- Dependence on Government: Lack of independence due to government-appointed members.
- Reactive Approach: Focuses on complaints rather than preventive measures.
Steps to Strengthen NHRC:
- Expand Mandate: Address emerging issues like AI, deepfakes, and climate change.
- Grant Enforcement Powers: Enable punitive action to ensure accountability.
- Composition Reforms: Include members from civil society and diverse backgrounds.
- Independent Cadre: Build a skilled and independent workforce.
- Strengthen State Commissions: Provide resources and facilitate collaboration.
- Proactive Advocacy: Conduct awareness campaigns and educational initiatives.
- Global Cooperation: Learn from international best practices.
