GS 2 · 2021Indian Polity15 Marks

Q9.Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures

Directive: Analyzing15 marks

Introduction

Human Rights Commissions (HRCs) in India, at national and state levels, are crucial for safeguarding human rights, promoting awareness, and investigating violations, acting as vital democratic watchdogs.

Body

Contributions of HRCs

HRCs have significantly contributed to human rights protection through awareness campaigns, investigating complaints, and recommending actions to governments, fostering a culture of rights.

Structural Limitations

Despite contributions, HRCs face inherent structural limitations:

  • Recommendatory powers only, lacking enforcement authority.
  • Absence of independent investigative machinery, relying on government agencies.
  • Limited jurisdiction, especially concerning armed forces, requiring prior central government approval.
  • Delayed and non-transparent appointments; inadequate funding and staff.
  • Non-compliance with recommendations by governments.
Practical Limitations

Practically, HRCs struggle due to:

  • Lack of enforcement teeth, making them appear 'toothless tigers'.
  • Perceived political interference in appointments and functioning.
  • Huge backlog of cases, leading to slow disposal and delayed justice.
  • Limited public awareness and accessibility.
  • Challenges in securing cooperation from authorities.
Remedial Measures

To strengthen HRCs, crucial measures include:

  • Granting HRCs more powers, including enforceability of recommendations.
  • Establishing independent investigative wings with adequate resources.
  • Ensuring financial autonomy and timely, transparent appointments.
  • Expanding jurisdiction to cover all human rights violations without exceptions.
  • Strengthening public awareness and accessibility.
  • Promoting governmental cooperation and political will.

Conclusion

Empowering HRCs with greater autonomy and enforcement capabilities, coupled with strong political will, is essential for them to effectively uphold human dignity and democratic values in India.

224 words · target ~250