Roadmap for Answer Writing

1. Introduction
   • Briefly introduce the NHRC and its role.
   • Mention its establishment under the Protection of Human Rights Act (PHRA), 1993.
   • Define the role of NHRC as a human rights watchdog in India.
2. Challenges in Effectively Performing its Role
   • Limited Powers
     • NHRC can only make recommendations and lacks enforcement authority, which makes its recommendations ineffective without the government’s compliance.
     • Example: Former Chief Justice of India referred to NHRC as a “toothless tiger”.
   • Delays in Action
     • NHRC has been criticized for delays in responding to major human rights violations.
     • Example: The NHRC’s response to the 2023 Manipur riots came much later in July 2023.
   • Resource Constraints
     • NHRC faces significant resource limitations, both in terms of funding and staffing.
     • Example: The NHRC saw a 1,455% rise in complaints from 1995 to 2015, while staffing decreased by 16.94%.
   • Perceived Bias
     • Allegations of NHRC’s bias due to its proximity to the government and the Home Ministry have hindered its impartiality.
     • Example: The NHRC’s focus on human rights violations by police is often seen as biased, as it operates under the Home Ministry.
3. Factors Hindering NHRC’s GANHRI Accreditation
   • Non-Compliance with Paris Principles
     • Police Officers in Investigations
       • The involvement of police officers in investigating violations committed by fellow officers creates a conflict of interest.
   • Issues with Composition
     • NHRC’s leadership lacks gender balance and does not meet pluralism requirements, as key positions are vacant, including positions for human rights experts.
     • Example: Three out of six key positions meant for human rights experts were vacant, and there is no woman in the NHRC leadership.
   • Lack of Broad Consultation in Selection
     • The selection committee for NHRC does not sufficiently involve civil society organizations in the appointment process, which undermines transparency and fairness.
4. Conclusion
   • Summarize the need for reforms in NHRC to address the above challenges.
   • Highlight the importance of NHRC securing GANHRI accreditation for its credibility and effectiveness as a human rights body.
   • Suggest measures to strengthen independence, enhance enforcement powers, and improve transparency and resource allocation.

Relevant Facts

1. NHRC Powers and Limitations
   • NHRC’s lack of enforcement authority makes it reliant on the government’s compliance.
2. Delays in Action
   • NHRC’s delayed response to the Manipur riots in 2023.
3. Resource Constraints
   • A 1,455% rise in complaints between 1995 and 2015, while NHRC staffing decreased by 16.94%.
4. Perceived Bias and Influence
   • Allegations of NHRC being biased due to its proximity to the Home Ministry.
5. GANHRI’s Concerns
   • NHRC’s failure to meet Paris Principles, including conflict of interest in police investigations and leadership composition issues.