The Global Alliance of National Human Rights Institutions (GANHRI) has once again deferred the accreditation of India’s National Human Rights Commission (NHRC), creating a hindrance for it to be able to represent India at the UN Human Rights Council. The GANHRI had also deferred the NHRC’s accreditation in 2016, and has raised several concerns sparking this decision.
About the GANHRI
The GANHRI, which was established in 1993 as the International Coordinating Committee of National Institutions for the promotion and protection of human rights (ICC), is a recognized and trusted partner of the United Nations. Renamed as the GANHRI in 2016, this global organization includes 120 member countries, including India. The secretariat of the GANHRI is based in Geneva, Switzerland.
Reasons for Deferment
Citing several reasons for deferring the NHRC’s accreditation, the GANHRI highlighted a lack of diversity in NHRC’s staff and leadership, insufficient action in protecting marginalized groups, involving police forces in human rights probes, and poor cooperation with civil society. GANHRI argues that these points demonstrate that the NHRC repeatedly failed to uphold its mandate of protecting the rights of marginalized communities, religious minorities, and human rights defenders.
The Paris Principles and ‘A’ Status
The Paris Principles, adopted by the United Nations General Assembly in 1993, serve as international benchmarks against which National Human Rights Institutions can be accredited. Meeting six core criteria, namely — mandate, competence, autonomy from government, statutory independence, pluralism, adequate resources, and powers of investigation, helps institutions gain an ‘A’ status. The NHRC secured its ‘A’ rating in 1999 and maintained it in 2006, 2011, and 2017 after some delay due to issues related to its staff and appointments.
About the NHRC
Established on 12th October 1993 as per the Protection of Human Rights Act, the NHRC of India is an independent statutory body. Tasked with being the watchdog of human rights in India, the NHRC ensures rights related to life, liberty, equality, and dignity are enforced by courts in India. The NHRC, currently led by Justice Arun Mishra, a former Supreme Court judge, was created in agreement with the Paris Principles.
Composition, Appointment and Tenure of NHRC
The NHRC comprises a chairperson, five full-time members, and seven deemed members, who have all been appointed by the President of India upon the recommendations of a six-member committee. This committee includes the Prime Minister, Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both Houses of Parliament, and the Union Home Minister. Each member serves for a term of three years or until they reach the age of 70. Members can only be removed by the President under certain circumstances, such as proved misbehavior or incapacity.
Challenges Faced by NHRC
The NHRC grapples with several obstacles in carrying out its mandate. These include a lack of dedicated investigation mechanisms, restrictive time limits for complaints, lack of decision-enforcing power, perceptions of political affiliations and post-retirement benefits for judges and bureaucrats, inadequate funding, and limitations of powers.
Way Forward
With these challenges in mind, it is suggested that the government takes steps to enforce NHRC’s decisions. Expanding the commission’s composition to include members from civil society and human rights activists could also be beneficial. Also, it’s necessary for the NHRC to establish an independent cadre of staff with relevant human rights expertise. Upholding these measures could greatly enhance NHRC’s impact and its ability to address human rights violations.
Last Modified: February 20, 2024