Question

Q. Which of the following functions/powers are under the mandate of the National human rights commission?

• A. Suo Motu enquiry into violations of human rights or negligence in the prevention of such violations by a public servant
• B. Give binding recommendations for the effective implementation of safeguards provided by the constitution for the protection of human rights.
• C. Power to penalise the authorities that don’t implement its recommended orders.
• D. Jurisdiction over cases of violation of human rights by private parties.

Answer 1

The correct option is A Suo Motu enquiry into violations of human rights or negligence in the prevention of such violations by a public servant

Explanation:

Functions of NHRC includes:

• Inquire, Suo Motu or on a petition presented to it by a victim or any person on his behalf 1 [or on a direction or order of any court], into the complaint of violations of human rights or negligence in the prevention of such violations by a public servant.
• 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 the purpose of treatment, reformation or protection, for the study of the living conditions of the inmates and make recommendations.
• Review the safeguards provided by the constitution/law in force for the protection of human rights and recommend measures for their effective implementation.
• Review 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 make recommendations for their effective implementation.
• Undertake and promote research in the field of human rights.
• Engage in human rights education among various sections of the society and promote awareness of the safeguard available for the protection of those rights through publications, the media, seminars and other available means.
• Encourage the efforts of NGOs and institutions working in the field of human rights

Limitations

• The Recommendations made by the NHRC are not binding.
• Violation of Human rights by private parties cannot be considered under NHRC Jurisdiction.
• NHRC doesn’t have the power to penalise the authorities that don’t implement its recommended orders.
• 3 of the NHRC members are judges which give the functioning of the Commission a judicial touch.
• The other members that are recommended by the Selection Committee may not necessarily be Human Rights experts.
• The NHRC does not consider the following cases:
  • Cases that are older than one year.
  • Cases that are anonymous, pseudonymous or vague.
  • Frivolous cases.
  • Cases pertaining to service matters.
• The NHRC has limited jurisdiction over cases related to armed forces.
• The NHRC faces other issues like excess cases/complaints, insufficient funds, bureaucratic functioning style, etc.