UPSC Mains 2021 · GS II · Q12 · 15 marks · 250 words

Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures.

हिन्दी में

यद्यपि मानवाधिकार आयोगों ने भारत में मानव अधिकारों के संरक्षण में काफी हद तक योगदान दिया है, फिर भी वे ताकतवर और प्रभावशालियों के विरुद्ध अधिकार जताने में असफल रहे हैं। इनकी संरचनात्मक और व्यावहारिक सीमाओं का विश्लेषण करते हुए सुधारात्मक उपायों के सुझाव दीजिए।

How a topper answered the closest question

Toppers wrote this one in a test series: “Critically assess the role played by the National Human Rights Commission as a watchdog of human rights violations in India.”

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

  1. Creates various Reports against human right violation
  2. Issues necessary guidelines. Eg NHRC guidelines of Manual scavenging.
  3. Investigates upon and recommend mesure against human right violation e.g NHRC's role during 2002 violence in Gujarat
  4. 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

  1. Toothless Tiger: it has only powers of recommendation, it cannot even give compensation
  2. Wide exemptions: The armed forces are exempted in entirety
  3. Human Right Courts have not been setup as envisaged in Protection of Human Rights Act.
  4. Time Bar: NHRC cannot take cognizance of violation after efflux of 1 year.
  5. Recent amendments in 2019 have lowered requirement as to the NHRC chairman.
  6. Limited impact of NHRC in securing justice.
  7. 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.

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 2021, General Studies Paper II, Q12. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.