National Human right commission


NHRC
  • UNHCHR Has deferred re-accreditation of NHRC till 2017
Issue
  • Toothless tiger
    •  helpless in taking any coercive measures since it has no power to take action against persons or authorities who do not follow the guidelines laid down by it nor does it have power to give directions or pass orders but can only make recommendations.
    • The matter was considered by the court while dealing with a PIL petition on extra-judicial killings in militancy infested Manipur and the plea for repealing the Armed Forces (Special Powers) Act.
  • Difficulties in discharging its duties, including non-cooperation from State governments and lack of staff.
Problems
  • Resource constraints
    • Man, money, machinery
    • Capacity
    • Expertise
    • Experience
    • Inspirational Leadership
  • Structural
    • Dependence on state for investigation
    • Independence affected : Secretary and DG investigation come on deputation from bureaucracy
    • Lack of diversity  in commission
  • Power Limited
    • Armed forces limited
    • Not Binding recommendation
    •  J&K : not included
    • To Public authorities : no categorical mention of Private
    • One year time limit
    • Contempt power not available
  • Functioning
    • Delay in implementation of reports
    • State Level organ do not functioning at all (all bodies)
    • Annual reports held by Central govt.
    • Poor coordination and engagement with other bodies
Work done
  • Child marriage
  • Child labour
  • Rights of sexual minorities
  • Right to food advocacy
  • DE notified tribes and erstwhile criminal tribes
  • Abolition of manual scavenging
  • General compensations
Way forward
  • Revisit and review
  • Empowerment
  • Separate body of investigation for cases of Polices
  • Armed Forces, Private parties, J&K, Contempt Power, Investigative power
  • Independent recruitment and other functional and structural changes 
  • Should align the functioning and power in the line of Paris Principle

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