Role of NHRC in good governance

 Role of NHRC in Good Governance

Human rights are the basic rights and freedoms that belong to every person, regardless of their race, gender, nationality , religion or any other status. These rights are essential to ensure that all people are treated with dignity, equality and respect.

The concept of human rights is based on the idea that all people have inherent value and worth, and that they should be able to live free from oppression , discrimination, and violence. Human rights include civil and political rights such as freedom of speech, assembly and religion as well as social, economic, and cultural rights, such as the right to education, healthcare and adequate housing.

Human rights are protected by International Law including the '' Universal Declaration of Human Rights'', which was adopted by the United Nations General Assembly in 1948. Many countries including India have also enshrined human rights in their own constitutions and laws. The promotion and protection of human rights is essential for creating a just and equitable society and for ensuring that all people are able to live with dignity and freedom.

The National Human Rights Commission(NHRC) of India, was established in 1993 under a legislation enacted by the Parliament, namely, The Protection Of Human Rights Act, 1993. The commission is the watchdog of human rights in the country, that is, the rights related to life, liberty , equality and dignity of the individual guaranteed by the constitution or embodied in the international covenants and enforceable by courts in India.

Objectives Of NHRC:

-  To strengthen the institutional arrangements through which human rights issues could be addressed in their  entirety in a more focused manner.

-  To look into allegations of excesses, independently of the government, in a manner that would underline  the government's commitment to protect human rights.

-  To complement and strengthen the efforts that have already been made in this direction.

COMPOSITION :

The commission is a statutory and multi member body consisting of a Chairperson and 5 other members.

The Chairpersons and members are appointed by the president on recommendation of 6 member committee consisting of Prime Minister as Chairperson, the Speaker of Lok Sabha, the Deputy Chairman of Rajya Sabha , leader of opposition and Home Minister .

The NHRC plays a crucial role in promoting and protecting human rights in the country, which is essential for good governance; The Protection Of Human Rights Act, 1993(TPHRA) mandate the NHRC to perform the following functions to ensure good governance; namely:

-Proactively and reactively inquire into violations of human rights or negligence in the prevention of such violations by a public servant.

-With the permission of the court, to intervene in court proceedings relating to human rights.

-Visit any jail or other institution under the control of the state government, where persons are detained or lodged for purpose of treatment, reaffirmation or protection, for the study of the living conditions of the inmates and make recommendation.

-Review the safeguards provided by or under the constitution or any law for the time being in force for the  protection of human rights and recommend measures for their effective implementation.

-Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.

-Study treaties and other international instruments on human rights and more recommendations for their effective implementation.

-Undertake and promote research in the field of human rights.

-Engage in human rights education among various sections of society and promote awareness of the     safeguards available for the protection of these rights through publication media, seminars, and other available means.

- Encourage the efforts of NGOs and institutions working in the field of human rights. And, any such other  functions as it may consider necessary for the protection of human rights.

 - It can look into any matter constituting violation of human rights is alleged to have been committed within a year of its occurrence.

The commission may take any of the following steps during or upon the completion of an inquiry:--

- It may recommend to the concerned government or authority to make payment of compensation or      damages to the victim.

- It may recommend to the concerned government or authority the initiation of proceedings for prosecution  or any other action against the guilty public servant;

- It may recommend to the concerned government or authority for the grant of immediate interim relief to the victim;

- It may approach the Supreme Court or the High Court concerned for the necessary directions, orders or writs.

From the above, it is clear that the functions of the commission are mainly recommendatory in nature. It has no power to punish the violators of human rights to the victim. In other words, its recommendations are not binding on the concerned government or authority. But, it should be informed about the action taken on its recommendation within one month.

Thus, the government cannot wash away the recommendations made by the commission. the commission role may be recommendatory, advisory ; yet the government considers the cases forwarded by it. It is, therefore , improper to say that the commission is powerless. It enjoys great material authority and no government can ignore its recommendations.

The commission may seek a report from the Central government and make its recommendations. The central government should inform the commission of the action taken on the recommendation within three months.

The commission submits its annual or special reports to the central government concerned. These reports are laid before the respective legislatures, along with a memorandum of action taken on the recommendation of the commission and the reasons for non-acceptance of any of such recommendation.

Based on NHRC recommendations many commendable reforms appeared in policies, laws and practices that promote good governance and protect human rights. Some of the reforms are following:-

- Abolition of Bonded labor

- Issue concerning Right to Food

- Protocols to the convention on the Rights of the child

- Abolition of Child labor

- Trafficking in women and children: Manual for the Judiciary for the Gender Sensitisation.

- Sensitization Programme on Prevention of Sex tourism and Trafficking.

- Combating sexual Harassment of women at work place

- Protecting of human rights in areas of insurgency and terrorism.

- Promotion of Human rights literacy and awareness in the educational system and so on.

In conclusion, the National Human Rights Commission plays a critical role in promoting and protecting human rights, which is essential for good governance. Its mandate includes monitoring human rights violations, investigating complaints, raising awareness and advocating for human rights and making recommendations for reforms. By fulfilling these functions, the NHRC contributes to creating a just and equitable society where human rights are respected and upheld.