Issues Out of Jurisdiction of National Human Rights Commission (NHRC)

The National Human Rights Commission (NHRC) of India plays a crucial role in the protection and promotion of human rights. However, there are specific issues and areas that fall outside its jurisdiction. Understanding these limitations is essential for both the effective functioning of the NHRC and the proper redressal of human rights grievances. Below are two significant issues that are out of the NHRC’s jurisdiction:

1. Judicial Matters and Subjudice Cases

The NHRC does not have jurisdiction over issues that are currently under adjudication in courts of law. This means that if a matter is subjudice, or actively being considered by a court, the NHRC cannot intervene or issue directives related to that case.

• Recent Example: In the Gujarat Riots Case (2002), many victims sought the intervention of the NHRC. However, since the matter was under the jurisdiction of the courts, including the Supreme Court, the NHRC refrained from intervening directly in the judicial process. The Commission’s role was limited to recommending measures to the government rather than interfering in the ongoing legal proceedings.

2. Issues Related to Policy Implementation

The NHRC’s mandate does not extend to overseeing or implementing government policies and schemes. While the NHRC can recommend improvements and suggest measures to address human rights violations, it does not have the authority to enforce or implement these recommendations directly.

• Recent Example: During the COVID-19 pandemic, there were numerous complaints regarding the adequacy of healthcare facilities and the government’s handling of the crisis. While the NHRC could issue recommendations and highlight human rights concerns, it did not have the jurisdiction to directly enforce policy changes or manage the implementation of healthcare measures. The responsibility for policy enforcement and management lay with the relevant government departments and agencies.

Conclusion

Understanding the jurisdictional limits of the NHRC is crucial for effective redressal of human rights issues. The NHRC is not empowered to intervene in matters already being judicially adjudicated or to enforce policies directly. Its role is to monitor, recommend, and suggest measures to safeguard human rights, while the implementation and judicial matters fall outside its purview.