The National Human Rights Commission (NHRC) has recently urged the central government to issue an advisory to all states and Union Territories. The objective is to ensure the ongoing lockdown, instated to curb the spread of COVID-19, is implemented without infringing upon human rights of the populace. This development comes shortly after a similar request was made by the NHRC to the Ministry of Home Affairs, to address the needs of the mentally ill community.
NHRC Advisory: Upholding Rights Amid Lockdown
Implementing lockdown restrictions can put a significant amount of pressure on public servants. As a result, their interactions with the public, especially disadvantaged labourers, may sometimes be harsh and dismissive of rights. The NHRC aims to rectify this through their advisory, by stressing the need for public servants to conduct themselves sensibly and respectfully, especially with those from vulnerable sections of society. The commission emphasizes respect for human rights related to life, liberty and dignity.
The Ministry has been asked to instruct states and Union Territories to provide adequate counselling and care to individuals suffering from mental health issues. These people should be properly guided on virus precautions, personal care, and not denied fundamental amenities like food, shelter and medical care.
About the NHRC: A Guide
Established on October 12th, 1993, the NHRC is a statutory body formed under the Protection of Human Rights Act (PHRA), 1993, later amended by the Protection of Human Rights (Amendment) Act, 2006. The PHRA Act also facilitates the creation of State Human Rights Commission at the state level.
The NHRC aligns with the Paris Principles, adopted in October 1991 for the promotion and protection of human rights, and endorsed by the UN General Assembly in 1993. As India’s embodiment for the promotion and protection of human rights, the NHRC is often referred to as the watchdog of human rights in the country.
Composition and Tenure of the NHRC
The commission is a multi-member body with a chairman and four members. The chairman can be either a former Chief Justice of India or a Supreme Court judge. Members, including the chairman, are appointed by the President based on the recommendations of a six-member committee composed of 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.
Holders of the chairman and member offices serve three years or until they reach 70 years of age. The President has the discretion to remove the chairman or any member under certain circumstances.
The NHRC: Roles and Functions
Operating with the authority of a civil court, the NHRC investigates complaints of human rights violations. Its jurisdiction is limited to matters occurring within one year of the violation. Its contributions are largely recommendatory, and it does not hold the power to enforce punishments or award relief, including financial aid, to victims. While the government or relevant authority is not bound to adhere to its recommendations, they are obliged to inform the commission about the action taken on its recommendations within one month.
The NHRC’s role is limited in cases involving human rights violations by armed forces members and it cannot intercede when violations involve private parties.
