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04 Mar 2026
GS Paper 2
Social Justice
Q. Why is the National Human Rights Commission (NHRC) often seen as ineffective in protecting human rights in India? (Answer in 125 words)
Approach:
- Briefly introduce the NHRC.
- Highlight its functions along with its limitations.
- Conclude with the way forward.
Introduction
The National Human Rights Commission (NHRC) was established in India in 1993 under the Protection of Human Rights Act to safeguard. The commission is the watchdog of human rights and aims to address its violations. Despite its significant role in raising awareness and providing recommendations, the NHRC is often seen as a “toothless tiger,” prompting concerns about its effectiveness in protecting human rights.
Body
Functions of the National Human Rights Commission:
- To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court.
- To intervene in any proceeding involving an allegation of violation of human rights pending before a court.
- To visit jails and detention places to study the living conditions of inmates and make recommendations thereon.
- To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
- To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
Ineffectiveness of NHRC:
- Limited Enforcement Powers: The NHRC lacks the authority to enforce its recommendations, which means it can only advise the government without the power to compel action
- Former Chief Justice HL Dattu had called NHRC as a “toothless tiger” as there is a provision in the act, which only permits them to make recommendations.”
- Resource Constraints: Insufficient funding and staffing hinder the NHRC’s ability to conduct thorough investigations and outreach programs, impacting its effectiveness in addressing human rights violations.
- Political Interference: The commission often faces political pressure, which can compromise its autonomy and discourage it from addressing sensitive issues or taking action against powerful state actors.
- Backlog of Cases: A significant backlog of complaints leads to delays in justice for victims, diminishing public trust in the NHRC’s ability to respond effectively to urgent human rights issues.
- Lack of Public Awareness: Many citizens are unaware of the NHRC’s functions and how to lodge complaints, limiting public engagement and the commission’s effectiveness in advocating for rights.
- Ineffective Monitoring: The NHRC’s monitoring of human rights conditions is often criticized as being inadequate, with insufficient follow-up on violations and recommendations made to authorities.
Way forward:
- Grant the NHRC stronger enforcement powers to ensure compliance with its recommendations.
- Provide adequate funding and resources to address case backlogs.
- Protect the NHRC’s independence from political interference through clear guidelines.
- Launch public campaigns to educate citizens about human rights and the NHRC’s role.
