Introduction
Human rights are the essence of democracy and justice. They guarantee dignity, equality, and freedom for every individual. To safeguard these rights in India, the Human Rights Protection Act, 1993 was enacted. This law led to the establishment of two important statutory bodies:
National Human Rights Commission (NHRC) at the central level.
State Human Rights Commissions (SHRCs) at the state level.
These institutions play a pivotal role in investigating violations, recommending corrective measures, and creating awareness about the importance of human rights.
Human Rights Protection Act, 1993
The Protection of Human Rights Act, 1993 was enacted to give legal shape to India’s commitment to protect human rights.
Objectives of the Act
To provide for the protection of human rights guaranteed under the Constitution and international covenants.
To establish NHRC and SHRCs for better enforcement of human rights.
To strengthen mechanisms for redressal of grievances related to human rights violations.
To promote human dignity, equality, and justice in governance.
Definition of Human Rights under the Act
According to Section 2(d) of the Act, human rights mean the rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution of India or embodied in international covenants and enforceable by Indian courts.
Key Provisions of the Act
Establishment of NHRC and SHRCs.
Appointment of chairperson and members with judicial and human rights expertise.
Powers to investigate complaints, recommend action, and monitor government measures.
Extension of protection to civil, political, economic, social, and cultural rights.
Periodic reporting and recommendations to government authorities.
Role of National Human Rights Commission (NHRC)
The NHRC was established on 12th October 1993 under the Human Rights Protection Act. It acts as the watchdog of human rights in India.
Composition
Chairperson: Former Chief Justice of India or a Supreme Court judge.
Members: Judges, human rights experts, and representatives from SC, ST, minorities, and women.
Functions of NHRC
Investigating Violations: Inquire into complaints of human rights violations by public servants or negligence by authorities.
Monitoring Custodial Institutions: Inspect prisons, detention centers, and other institutions to ensure dignity and humane treatment.
Recommending Reforms: Suggest policy changes to strengthen human rights protection.
Human Rights Awareness: Promote research, education, and awareness programs.
Intervention in Court Cases: With court approval, intervene in human rights-related cases.
Monitoring International Commitments: Ensure compliance with international human rights conventions ratified by India.
Limitations of NHRC
Its recommendations are not binding on the government.
Lacks power to punish offenders directly.
Limited jurisdiction in cases involving the armed forces.
Despite these limitations, NHRC has been instrumental in highlighting custodial deaths, bonded labor, child rights, and discrimination cases.
Role of State Human Rights Commissions (SHRCs)
The SHRCs function at the state level, complementing NHRC’s efforts. They deal with human rights issues specific to each state.
Composition
Chairperson: Former Chief Justice or Judge of a High Court.
Members: Experts in human rights and law.
Functions of SHRC
Investigating Complaints: Inquire into human rights violations within the state.
Recommending Action: Suggest measures to the state government to address violations.
Advising on Legislation: Recommend changes in state laws to align with human rights standards.
Creating Awareness: Organize seminars, workshops, and educational campaigns on human rights.
Monitoring State Institutions: Inspect jails, hospitals, and other custodial institutions.
Limitations of SHRC
Restricted jurisdiction—cannot take up matters already under NHRC or national courts.
Recommendations are advisory in nature.
Financial and administrative dependency on state governments affects autonomy.
Significance of NHRC and SHRCs in Human Rights Protection
Institutional Safeguards: Provide platforms for citizens to report violations.
Checks on Authority: Hold governments accountable for misuse of power.
Promote Social Justice: Protect vulnerable groups such as women, children, minorities, and marginalized communities.
Awareness Creation: Educate citizens about their rights and duties.
Policy Influence: Recommendations often shape government policies on rights protection.
Challenges in Human Rights Protection
Delay in investigations and limited enforcement of recommendations.
Overburdened with cases and resource constraints.
Resistance from government agencies in implementing reforms.
Lack of awareness among citizens about how to approach NHRC/SHRC.
Conclusion
The Human Rights Protection Act, 1993 marked a significant step in India’s commitment to safeguarding human dignity. The NHRC and SHRCs play a crucial role in investigating violations, recommending reforms, and creating awareness.
Although they face limitations, their existence has strengthened India’s democratic fabric by making governments more accountable and citizens more aware. Strengthening their powers, ensuring independence, and enhancing public participation are necessary for more effective human rights protection in the future.
By empowering NHRC and SHRCs, India moves closer to realizing the constitutional vision of justice, liberty, equality, and dignity for all citizens.
Discover more from YOUR SMART CLASS
Subscribe to get the latest posts sent to your email.
