UPSC Mains 2014 · GS II · Q9 · 12.5 marks · 200 words

National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately supported by other mechanisms that ensure the accountability of a government. In light of the above observation assess the role of NHRC as an effective complement to the judiciary and other institutions in promoting and protecting human rights standards.

हिन्दी में

भारत में राष्ट्रीय मानव अधिकार आयोग (एन.एच.आर.सी.) सर्वाधिक प्रभावी तभी हो सकता है, जब इसके कार्यों को सरकार की जवाबदेही को सुनिश्चित करने वाले अन्य यांत्रिकत्वों (मकैनिज्म) का पर्याप्त समर्थन प्राप्त हो। उपरोक्त टिप्पणी के प्रकाश में, मानव अधिकार मानकों की प्रोन्नति करने और उनकी रक्षा करने में, न्यायपालिका और अन्य संस्थाओं के प्रभावी पूरक के तौर पर, एन.एच.आर.सी. की भूमिका का आकलन कीजिये।

How a topper answered the closest question

Toppers wrote this one in a test series: “The National Human Rights Commission (NHRC) of India can be called the 'watchdog of human rights in the country'. Critically evaluate the role and effectiveness of the institution.”

Madhav Agarawal255 wordsTheir whole copy

Opening · a definition

NHRC is a statutory body tasked with overseeing and protecting the human rights of citizens of India along with state bodies.

NHRC as a beacon of hope

Body · points and prose

→ take suo moto cognisance in the RG KAR college case.

Role and Mandate of NHRC:

  1. Umbrella body to protect and secure basic human dignity.
  2. Mandate to conduct surprise inspection of jails for condition of undertrials.
  3. Look into complaints filled by the people seeking justice.
  4. Take up matters of national importance

as well as that in NCT of Delhi.

(5) Suo-moto matter can be taken by NHRC.

(eg: asked for reporting of custodial death in 48 hours.

(6) Investigate the cases of gross violations of rights of vulnerable section.

(7) Prepares state by state profile and suggest better practices.

Affect on independence & effectiveness

(A) Current composition & funding = Positive:

(1) Wide representation from other bodies of SC, ST, women, Children, etc.

(2) Non-safe Security of tenure provided.

(3) Takes up issue based on referrals or suo moto.

(4) Judicial head as chairperson ensure rule of law.

(B) Issues:

(1) Cannot take up matter after an year has lapsed.

(2) Neutrality hampered: as appointment by the government.

(3) Delays in acting on complaints and submissions.

(4) Ineffective due to no penal powers.

(5) Reports often undiscussed.

Way ahead:

  • Greater power of enforcement
  • Independent oversight by committee of parliament
  • Need to play proactive role

Close · a way forward

NHRC is a key "accountability institution" which will script the destiny of nation at 2047.

How toppers approach this question, and more on its topic: open the question.

Toppers’ answers to other close questions

Source: UPSC, Civil Services (Main) Examination 2014, General Studies Paper II, Q9. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.