NATIONAL HUMAN RIGHTS COMMISSION (NHRC)

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Context: The Sub-Committee on Accreditation (SCA) of GANHRI is evaluating the NHRC's accreditation status, which will decide if it retains its "A status" for participation in UN human rights bodies.

Details

• The National Human Rights Commission (NHRC) of India is currently under review by the Sub-Committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI) regarding its accreditation status.
• The outcome of this review will determine whether the NHRC retains its "A status," which enables it to participate fully in the UN Human Rights Council and other UN General Assembly bodies.

Global Alliance of National Human Rights Institutions (GANHRI) ●GANHRI serves as a global network that coordinates the relationship between NHRIs and the United Nations human rights system. It facilitates collaboration among NHRIs to strengthen human rights protection and promotion at the national and international levels. ●GANHRI's accreditation system is based on compliance with the 1993 Paris Principles, which set standards for the establishment and functioning of NHRIs. ●NHRIs accredited with "A status" by GANHRI demonstrate full compliance with the Paris Principles and gain access to UN committees and bodies, including the Human Rights Council. ●GANHRI acts as a bridge between NHRIs and the United Nations Office in Geneva. The Office of the United Nations High Commissioner for Human Rights (OHCHR) provides secretariat support to GANHRI, enhancing coordination and collaboration. ●GANHRI convenes annual general meetings, typically held in Geneva, coinciding with the UN Human Rights Council sessions. ●Biennial thematic international conferences are organized by GANHRI to address key human rights issues and challenges faced by NHRIs globally.

Concerns and Criticism

• Composition Issues: The NHRC's composition has come under scrutiny, particularly its inclusion of police personnel in human rights investigations. This has been seen as a conflict of interest that could compromise the independence of the investigations.
• Lack of Pluralism and Representation: Critics have pointed out the absence of adequate gender and minority representation within the NHRC's leadership and membership. The composition is perceived as not reflecting the diversity of Indian society.
• Political Affiliations: Observers have noted that several NHRC members have close relations with the political party in power or its ideological organization, raising concerns about their impartiality.

NHRC's Response

• Defence of Composition: The NHRC has defended its composition, arguing that the presence of government officials enhances its effectiveness. It has highlighted the qualifications and experiences of its members, including their roles in law enforcement and governance.
• Efforts to Address Diversity: The NHRC has taken steps to improve gender representation, such as appointing more women to its leadership.
• Legitimacy of Selection Process: The NHRC has emphasized that its members are selected through India's legislative and constitutional processes, including input from opposition leaders.

Potential Outcome and Implications

• The decision on India's NHRC accreditation status will impact its ability to engage internationally on human rights issues.
• A downgrade to "B status" could limit the NHRC's participation and influence within the UN human rights framework.

International Criticism and Context

• India's human rights record has faced scrutiny from international civil society organizations and UN bodies, with concerns raised about restrictions on civil society and discrimination against minorities.
• The Indian government has been critical of such assessments, dismissing them as biased and reflective of a poor understanding of India's context.

Diplomatic Efforts ●The Ministry of External Affairs (MEA) has engaged in diplomatic outreach to relevant countries to advocate for India's continued "A status" accreditation. ●The government has highlighted its confidence in addressing the concerns raised by the SCA and restoring the NHRC's accreditation status.

National Human Rights Commission (NHRC)

• The National Human Rights Commission (NHRC) was established under the Protection of Human Rights Act (PHRA), 1993.
• The NHRC was established in line with the Paris Principles (1991), aiming to strengthen institutional arrangements for addressing human rights issues comprehensively.
• It is an independent statutory body established to protect and promote human rights across the country.
• It operates independently of the government and investigates allegations of human rights violations.

Composition

• The NHRC consists of a Chairperson and eight other members.
• The Chairperson is a retired Chief Justice of India.
• Out of the eight members, four are full-time members, including a retired Judge of the Supreme Court and a retired Chief Justice of a High Court, along with two members selected based on their human rights experience.
• The remaining four are deemed members, including the Chairpersons of the National Commissions for Minorities, Scheduled Castes, Scheduled Tribes, and Women.

Appointment Process

• The President appoints the Chairperson and members based on recommendations from a six-member committee headed by the Prime Minister.
• Members serve a term of three years or until they reach the age of 70 years, with the possibility of reappointment.

Functions of NHRC

• NHRC has the authority to inquire proactively or reactively into violations of human rights by the Government of India or negligence of such violations by public servants.
• It recommends measures for effective implementation of human rights protections.
• NHRC reviews factors like terrorism affecting human rights and recommends appropriate measures.
• Undertakes research in human rights and promotes human rights education among various sections of society.
• NHRC visits jails to study the conditions of inmates.
• Encourages and supports efforts of NGOs and institutions working voluntarily in the field of human rights.
• The NHRC can take "suo motu" cognizance of human rights violations, even without a formal complaint being filed.
• It can approach higher courts for the enforcement of human rights to protect individuals or groups.

Protection of Human Rights (Amendment) ACT 2019

• It aimed at enhancing the effectiveness and efficiency of the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs).

Expanded Eligibility for Chairperson of NHRC and SHRCs

• The amendment now allows a person who has been a Judge of the Supreme Court to be eligible for appointment as Chairperson of the NHRC, in addition to the existing eligibility of a former Chief Justice of India.
• Similarly, a person who has been a Judge of a High Court is also made eligible for appointment as Chairperson of the SHRC, along with the existing eligibility of a former Chief Justice of a High Court.

Increase in Commission Members

• The amendment increases the number of members of the NHRC from two to three, with the inclusion of at least one woman member.
• It also includes the Chairperson of the National Commission for Backward Classes, the Chairperson of the National Commission for Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities as deemed members of the NHRC.

Reduction in Term and Re-appointment

• The term of the Chairperson and Members of the NHRC and SHRCs is reduced from five to three years.
• They are eligible for reappointment for another term.

Delegation of Functions to State Commissions

• The amendment confers additional functions related to human rights to State Commissions, which were previously discharged by Union territories (excluding Delhi), making the State Commissions more comprehensive in their scope.

Conclusion

• The NHRC plays a critical role in upholding human rights standards in India by investigating complaints, spreading awareness, and taking necessary actions to protect and promote human rights across the country.

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NATIONAL HUMAN RIGHTS COMMISSION (NHRC)

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