Siddharth ShuklaAIR 18 · CSE 2022 · 245 wordsTheir whole copy
Opening · a constitutional or legal provision
National Human Rights Commission is established under Protection of Human Rights Act, 1993. It is headed by an ex Judge of Supreme Court.
Role played by NHRC as watchdog of human rights violation
Body · points
- Creates various Reports against human right violation
- Issues necessary guidelines. Eg NHRC guidelines of Manual scavenging.
- Investigates upon and recommend mesure against human right violation e.g NHRC's role during 2002 violence in Gujarat
- Recommends measures for improvement of prisons and prisoners. 5 Inspect jails, police stations and remand homes 6 Annual Report of NHRC is placed before Parliament.
Issues in NHRC's role as watchdog
- Toothless Tiger: it has only powers of recommendation, it cannot even give compensation
- Wide exemptions: The armed forces are exempted in entirety
- Human Right Courts have not been setup as envisaged in Protection of Human Rights Act.
- Time Bar: NHRC cannot take cognizance of violation after efflux of 1 year.
- Recent amendments in 2019 have lowered requirement as to the NHRC chairman.
- Limited impact of NHRC in securing justice.
- Delay in Action Taken Reports by government and ministries. 8 Absence of law on custodial torture and violence further restrains NHRC.
Way forward
- Adhere to Ahmaddi committee
- Action Take Reports in within 3 months
- Narrow exemption
- Give authority to give compensation.
Close · a way forward
Further One Human Rights court must be created in sensitive districts witnessing maximum human rights violation. Constitutional status to NHRC must be discussed.
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