- Naincy Goyal
INTRODUCTION
In the year 1991, a meeting of
representatives was held in Paris which is related to UN-sponsored. The meeting
concluded a detailed set of principles on the status of national institutions.
These are universally known as the Paris Principles. These principles,
subsequently recognized by the UN Commission on Human Rights [1] and the UN General Assembly[2] have become the foundation and reference
point for the establishment and operation of national human rights
institutions.[3] Human rights are the basic
inherent rights. These rights are related to values, fairness, justice and good
conscience. A human being is a living creature, and in the same manner,
humanity is a living and constantly evolving concept. Thus by virtue of their
being human possess certain primary and absolute rights which are commonly
known as human rights.[4]
NHRC (National human right commission)
is an autonomous public body. It was constituted on 12th October 1993 under the
protection of human right Ordinance of 28th September 1993.[5] The primary function of National Human rights
Commission is the protection and promotion of human rights as defined in the
act as "rights interrelated to life, equality, liberty and dignity of the
individual assured by the constitution or embodied in the international
Covenants."[6] It has its headquarters
in New Delhi, India. Justice H.L. Dattu is the current chairman of NHRC and
Ambuj sharma is the current secretary general of NHRC. Every human is entitled
to enjoy his rights freely irrespective of his religion, race, caste, sex and
nationality. Human rights are the rights of an individual from birth. According
to NHRC, all human beings are free to enjoy his life and live with dignity. All
human beings are born at liberty. Human rights are vibrant in nature. New
rights are introduced in accordance with the needs of human beings. TPHRA (the
protection of human rights Act) of parliament provided this body a statutory
status.[7] Human possess certain basic and
inalienable rights which are commonly known as human rights. The provisions
related to NHRC are defined in The protection of Human rights Act which are
related to the removal of a member to act as a Chairperson[8] or to discharge his functions in certain
circumstances,[9] the terms an d conditions
of service of members,[10] vacancies, etc.,
not to invalidate the proceedings of the Commission,[11] the
procedure to be regulated by the Commission,[12] the officers and the other
staff of the Commission.[13]
THE
NEED TO CREATE NHRC
The ratio of violation of Human Rights
in India was increasing constantly. It raised a need to create a separate body
to address Human rights and to protect the violation of Human Rights. The ratio
continuously kept on growing on the matters related to custodial deaths and
tortures, extra judicial killings, child labour, sexual violence and arbitrary
arrest and detention etc. The nonstop pressure from the foreign countries and
the overflowing rates of crimes led to the creation of National Human rights
commission. Thus, in the year 1992 the bill was passed in lok sabha and in the
year 1993, the president promulgated an ordinance for the establishment of
commission on Human rights at state level but after certain amendments, the
bill was finally passed by both the houses and replaced the ordinance. On
January 8, 1994 the bill became an act known as the protection of Human rights
act, 1993. The National human rights Commission deals with the cases related to
the violation of Human rights by public servants. Any public servant who
commits criminal misconduct in the discharge of his duty shall be punishable
with imprisonment for a term which shall not be less than one year but which
may extend to seven years and shall also be liable for fine.[14]
ROLE
OF NHRC IN SAFEGUARDING HUMAN RIGHTS
There are many types of Human rights
violations prevailing in India. Some of the major issues covered by the NHRC to
protect and safeguard the violation of Human rights in India are custodial
torture, false encounter, sexual harassment, arbitrary arrest and detention,
violence against women and children, protection of rights of bisexual, gay,
lesbian and transgender, difficulties faced by scheduled tribes and people
living in minority areas etc. NHRC has established its position since its
formation. It is regarded as a reputed and independent body to protect Human
rights.[15] The NHRC has achieved a great
success with its determination.[16] After
its formation, the commission was flooded with huge number of complaints. It
has received about 6,987 complaints in the year 1994-95 which was increased to
10,195 complaints in the year 1995-96. NHRC has the right to only register the
complaints and forward them to Supreme Court for their enforcement. NHRC do not
have any right to directly take action on any of these issues. Thus, H.L. Dutta
regarded NHRC as a toothless tiger.[17]
Apart from that, NHRC has a big involvement in helping most of the victims and
to provide them relief. Now, a fast track system of complaints have been
adopted and complains will be registered with computerization to prevent heavy
case works. In the year 2016, The National Human Rights commission and Jan Swasthya
Abhiyan (JSA) organized a regional public hearing on rights to health care for
the western region in association with Union Ministry of Health and family
welfare at Mumbai. The main reason of this public hearing is to know the
working status of Human rights violations in public and private health care
services in India. NHRC has also visited many areas all over the country to
spread the awareness among people regarding violation of Human rights. It has
also requested all State Governments to report the cases of custodial deaths or
rapes within 24 hours of occurring or else failing would be assumed as that
there was an attempt to suppress the incident. NHRC has recommended that more
focus should be given on laws related to the protection of Human rights that
exist but not implemented.[18] NHRC has
also recommended modifying prospectus of education and quality infrastructure,[19] quality of teachers and building Human
rights cultures are also included. It has recommended to Bring Human rights
curriculum not only in colleges but also in NCERT Curriculum at primary levels.[20] NHRC has also recommended on matters related
to sexual assault and said that age of consent of sexual intercourse should be
retained at 16 years and not increased to 18 years.[21] NHRC
has also stated that proper implementation of Environmental Law is necessary.
The state cannot leave its citizens due to toxic haze. It had issued notice to
the Centre and the Governments of Delhi, Punjab and Haryana to take adequate
measures to protect the violation of right to life and health.[22] It is also looking up the sterilization
tragedy of Chhattisgarh.[23] NHRC provides
"Immediate interim relief" correlated to the injury or loss which the
victim or members of his family have suffered due to the violation of Human
Rights by public servants.[24] The ratio of crimes related to Custodial
deaths has increased and 415 died in the police custody and custody of security
forces in the year 1985-91.[25] The main
duty of agents of Government is to protect and serve the Public. The power of
enforcing the law has been provided to them but that does give them the
privilege to act against the Law. In the year 1999, NHRC has provided relief to
Ganga Prasad for the illegal detention and torture of his son in police
station, Shikarpur, Uttar Pradesh. In the same year, some workers died in the
silicon factories of Madhya Pradesh due to the inhalation of Silicon dust.
Thus, the commission directed to ensure the establishment of BHEL machinery in
the factories to prevent dust pollution and to ensure that pollution free air
is provided to the workers. NHRC has also provided the relief to the ten year
old Juvenile who was the inmate of Juvenile observation Home in Raichur,
Karnataka. She was brutally raped while in the juvenile Home. The interim compensation
of Rs. 50,000/- was provided to the parents of the girls. The National Human
Rights Commission does not take into consideration complaints relating to
economic, social and cultural rights.[26]
CONCLUSION & SUGGESTIONS
This research paper concludes the whole
structure of the National Human Rights Commission. It shows that, National
Human right commission is a fully independent body. It played a very important
role in the protection of human rights from the date of its establishment. The
main function of this commission is to provide protection in case of violation
of Human rights. Its plays an ideal role in upholding the pillars of Indian
society. The main resolution for setting up the commission is to strengthen the
machinery for more effective enforcement of Human rights of the people of
India. The main focus of the protection of human rights Act is to entertain
complains of the violation of Human rights by Public servants. It keeps a check
on the misuse of powers by the police or other governmental agencies. However,
the commission do not have a power to take action directly on such cases.
Commission shall intervene in any proceeding involving any allegation of
violation of Human Rights pending before a court with the approval of such
court.[27] It does not replace the
functioning of courts regarding any matter. The creation of National human
rights Commission is a huge Success. It has received 496 complaints in its
first year 1993-1994 and an impressive 100,616 complaints during the financial
year 2007-2008. The NHRC has registered 1,699,206 cases since its inception
till 30th September, 2017. In case of State, it is simply optional for the
state to constitute State Human Rights Commission.[28] The
public should be aware about the human rights and the commission should try to
spread Human Rights literacy among various sections of the society and promote
the awareness, of the safeguards available for the protection of these rights
through publications, Media, seminars and other available means.[29]
An independent court of Human rights should be created for the better enforcement for the violation of Human rights. The Human right committees should be given power to constitute an independent investigation and take necessary action on the matters of human rights. Section 21(1) of the act should be amended and it should be made mandatory for the state to create an independent body of human rights Commission. The national human rights commission should be given power to scrutinize the decisions made by the Supreme courts regarding the Human rights and also the power to implement the decision in case of any failure. The constitution of India should be amended and the Human rights should also be included under it. Everyone should be made aware about their basic Human rights. The lower sections of Society who don't have any idea about the enforcement of Human rights would be benefitted if they are made aware about them. It can be done by making known to everybody at best those minimum standards of treatment which he or she is entitled and in making known to every person about the violations of Human Rights wherever they may occur. Both the print and electronic media owe the responsibility and the duty towards the society, in controlling the crime effectively.
FOOTNOTES:
[1] Commission
on Human Rights Resolution 1992/54 of 3 March 1992
[2] General
Assembly Resolution 48/134 of 20 December 1993.
[3]
http://www.asiapacificforum.net/about/paris_principles.html
[4]
http://www.asiapacificforum.net/about/paris_principles.html
[5]
http://nhrc.nic.in/ (Last accessed on 10 Dec 2017)
[6] Sec 2 (d) of
TPHRA, 1993
[7]
http://nhrc.nic.in/documents/Publications/HRActEng.pdf
[8] Sec 6 of The
Protection of Human Rights Act, 1993
[9] Sec 7 of The
Protection of Human Rights Act, 1993
[10] Sec 8 of
The Protection of Human Rights Act, 1993
[11] Sec 9 of
The Protection of Human Rights Act, 1993
[12] Sec 10 of
The Protection of Human Rights Act, 1993
[13] Sec 11 of
The Protection of Human Rights Act, 1993
[14] Sec 5 of
the Prevention of Corruption Act, 1947
[15] Y.P
Chibbar, "Foreign Agents" to National Human Rights Commission, 39 The
Administrator 136 (1994).
[16] H.O
Agarwal, International Law & Human Rights954 (Central Law Publications,
Allahabad, 16th edn., 2009).
[17] H. L. Dutta
"NHRC a toothless tiger: Panel chief", Times Of India (2016).
[18] A National
Seminar on "good governance, development and Human rights", New Delhi
(2017).
[19] ibid.
[20] ibid.
[21] NHRC
"recommendations on Criminal law" (2013).
[22]
http://www.thehindu.com/news/national/nhrc-notice-to-centre-delhi-punjab-haryana-over-pollution-crisis/article20009887.ece
[23] Manoj Kumar
Sinha, "Role of National Human Rights Commission of India in Protection of
Human Rights"; available at: http://www.rwi.lu.se/pdf/seminar/manoj05.pdf
[24] Sec 18 (3)
of The Protection of Human Rights Act, 1993
[25] Amnesty
International Report (1992).
[26]
http://nhrc.govmu.org/English/limitations/Pages/default.aspx
[27] Sec 12(a)
of The Protection of Human Rights Act, 1993
[28] Sec 21(1)
of The Protection of Human Rights Act, 1993
[29] Sec 12(h)
of The Protection of Human Rights Act, 1993