From migrant crisis to attacks on minorities in J&K, NHRC remains torchbearer to restore faith in humanity in India

On the occasion of the 28th Foundation Day of the National Human Rights Commission (NHRC) on Tuesday, Prime Minister Narendra Modi through a video conference hailed the body for its role in protecting the human rights and dignity of the marginalised in the country.

NHRC, India celebrates 28 years in the promotion and protection of human rights with its Foundation Day today on 12th October, 2021.

The Prime Minister, Shri @narendramodi to attend & address NHRC Foundation Day program via video conference.

— NHRC India (@India_NHRC) October 12, 2021

Union Home Minister Amit Shah and NHRC chairperson Justice Arun Kumar Mishra were also present during the event. The coronavirus pandemic, which has been raging across the world for more than a year, has only put the focus on the protection of human rights and civil liberties. As we celebrate this institution’s foundation, let us see what role it has played. Roots of NHRC The NHRC came into being on 12 October, 1993 and was established under the Protection of Human Rights Act 1993. As per the website, the NHRC is an embodiment of India’s concern for the promotion and protection of human rights. The function of the Commission is to ensure that Human Rights — rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution — are upheld and to form enquiry into complaints of violation of human rights. The Commission is also responsible for spreading of human rights awareness amongst the masses and encouraging all stakeholders in the field of human rights literacy not only at the national level but at international level too. Who makes up the NHRC? The Commission consists of the chairperson, who is a Chief Justice of India or a Supreme Court judge. Presently, Justice Arun Kumar Mishra is the chairperson of the NHRC. In addition to the chairperson, there are four other members who comprise the NHRC. NHRC’s performance As per the website, the NHRC received 1,30, 879 complaints from 1 April 2020 to 11 October 2021. Of these, 1,27,025 complaints have been resolved, it said. The Commission also received appreciation for its review of certain Bills, such as the Terrorists and Disruptive Activities (Prevention) Act, 1985 (TADA); the Prevention of Terrorism Bill, 2000; the Prevention of Terrorism Ordinance, 2001 (POTO); the Freedom of Information Act; the Domestic Violence Bill; the Child Marriage Restraint Act, 1929; the National Rural Employment Guarantee Bill, 2004 and the Food Safety & Standards Bill, 2005. The NHRC also states that its role has been significant in combating encounter killings and custodial deaths. The commission’s guidelines in 1997 mandates every custodial death and encounter killing be reported to it within 24 hours. In 2020, the NHRC took cognisance of the migrant crisis and filed a suo moto petition in the apex court. The human rights body recommended collection of data of migrants at the point of departure and arrival. It also demanded a journey allowance to be paid as mandated under the Inter-State Migrant Workmen Act, 1979. NHRC further recommended menstrual hygiene kit to be provided to each migrant woman and adolescent girl who are travelling. In addition, it sought shelter homes to accommodate special needs of lactating mothers, pregnant women, children and elderly. The NHRC also called for a Central Bureau of Investigation probe into the post-poll violence in West Bengal. In a 50-page report, the NHRC said: “The situation in the state of West Bengal is a manifestation of law of ruler, instead of rule of law…This was retributive violence by supporters of the ruling party against supporters of the main opposition party. It also said that said the cases of alleged rape and murder be tried outside the state. On 11 October, the National Human Rights Commission issued notices to the Jammu and Kashmir Government and police over the recent spate of targeted killings of civilians from minority communities . The NHRC issued notices to the Chief Secretary and the DGP of the Union Territory on 9 October after taking suo motu cognisance of media reports the previous day. The officials were asked to respond within four weeks, according to the proceedings. “The painful incidents of killing of civilians allegedly by the terrorists are a serious threat to the democratic fibre of the country and people’s right to life, liberty, equality and dignity. Targeted killings of those who are not Kashmiri Muslims is an attempt to keep non-Muslims out of the Valley. It is a gross violation of human rights of minority communities in the Valley, which must be stopped,” the NHRC observed. Criticism of the NHRC However, the institution has also received brickbats for not doing enough to protect human rights and not playing the role of watchdog effectively. In 2016, the NHRC chairman Justice H L Dattu called the Commission a “toothless tiger”. This same sentiment was echoed by the Supreme Court in 2017 when it was dealing with the case of fake encounter killings in Manipur and said that the body had failed to check the alleged violations. Furthermore, it was accused of being selective as it didn’t investigate the fears of human rights violations by legislations such as the Citizenship (Amendment) Bill or even the Unlawful Activities Prevention Act (UAPA), Foreign Contribution Regulation Act (FCRA). The NHRC’s independence has also been questioned. As Colin Gonsalves, senior advocate and founder of Human Rights Law Network, noted in ThePrint, the lack of independence makes it a “ lap dog, instead of a watch dog.” With inputs from agencies