NATIONAL HUMAN RIGHTS COMMISSION

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• The National Human Rights Commission (NHRC) has released guidelines to the Union, States and Union Territories to protect and promote the rights of truck drivers.
• NHRC stated that despite significant contributions to the nation’s economic development, truck drivers do not get adequate attention.
• The Guidelines aim to;
  • Protect from exploitation.
  • Ensure basic amenities.
  • Provide Socio-economic security.
  • Promote physical and mental well-being.
• Important Recommendations by NHRC;
  • Amendment the Motor Vehicle Act, 1988, to provide mandatory accident cover of at least Rs 15 lakh each for the driver, co-driver and helper.
  • Cashless medical treatment to drivers, co-drivers, and helpers injured or incapacitated in road accidents.
  • Restrooms with parking areas, toilets, restaurants at reasonable rates, mechanic shops and doctors’ clinics every 40 km on National Highways and State highways.

National Human Rights Commission

• The National Human Rights Commission is a statutory body established in 1993 under the Protection of Human Rights Act, 1993.
  • It was amended in 2006.
• The commission works as the watchdog of human rights in the country.

 

Composition of the Commission

• The commission is a multi-member body consisting of a chairman and four members.
• The chairman should be retired chief justice of India, and members should be serving or retired judges of the Supreme Court, a serving or retired chief justice of a high court and two persons having knowledge or practical experience concerning human rights.
• In addition to these full-time members, the commission also has 4 ex-officio members;
  • The chairman of the National Commission for Minorities.
  • The National Commission for SCs.
  • The National Commission for STs.
  • The National Commission for Women.
• The chairman and members are appointed by the president on the recommendations of a 6-member committee consisting of;
  • The Prime Minister is the head.
  • The Speaker of the Lok Sabha.
  • The Deputy Chairman of the Rajya Sabha.
  • Leaders of the Opposition in both the Houses of Parliament.
  • The Central home minister.
• The chairman and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier.
• The salaries, allowances and other conditions of service of the chairman or a member are determined by the Central government. But, they cannot be varied to his disadvantage after his appointment.
  • After the tenure, the chairman and members are not eligible for further employment under the Central or state government.
• The President can also remove the chairman or any member on the ground of proven misbehavior or incapacity.
  • However, in these cases, the president has to refer the matter to the Supreme Court for an inquiry.
  • If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the president can remove the chairman or a member.

 

 Functions of the Commission

• Inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court.
• Intervene in any proceeding involving an allegation of violation of human rights pending before a court.
• Visit jails and detention places to study the living conditions of inmates and make recommendations.
• Review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
• Review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
• Study treaties and other international instruments on human rights and make recommendations for their effective implementation.
• Undertake and promote research in the field of human rights.
• Spread human rights literacy among the people and promote awareness of the safeguards available for the protection of these rights.
• Encourage the efforts of non-governmental organisations (NGOs) working in the field of human rights.
• Undertake such other functions as it may consider necessary for the promotion of human rights.
• The Central government should inform the Commission of the action taken on the recommendations within three months.
• The commission submits its annual or special reports to the Central government and the state government concerned.
• These reports are laid before the respective legislatures, along with a memorandum of action taken on the recommendations of the commission and the reasons for non-acceptance of any of such recommendations.

 

 

Limitations of the Commission

• The functions of the commission are mainly recommendatory.
• No power to punish the violators of human rights, or to award any relief including monetary relief to the victim.
• Recommendations are not binding on the concerned government or authority.
• The commission has a limited role, powers and jurisdiction concerning the violation of human rights by the members of the armed forces.

 

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