Delay in Appointment of NHRC Chairperson

Syllabus :GS 2/Governance

In News

• The National Human Rights Commission (NHRC) has been without a full-time chairperson since June 1, 2024, following the retirement of former Supreme Court Justice Arun Mishra.

About Current Leadership

• Vijayabharathi Sayani is the only full-time member and acting chairperson, handling all responsibilities.
  • The NHRC should have a chairperson and five other full-time members. It is currently operating with only one full-time member out of six required positions and seven ex-officio members.

About National Human Rights Commission (NHRC)

• It was established on October 12, 1993, under the Protection of Human Rights Act (PHRA), 1993, amended by the Protection of Human Rights (Amendment) Act, 2006. 
• It aligns with the Paris Principles, which were endorsed by the UN General Assembly in 1993. 
• The Protection of Human Rights Act, 1993 was amended in 2019 to allow any Supreme Court judge to head the NHRC, not just retired Chief Justices of India. 

Functions and Mandate

• Enquire into complaints of human rights violations or negligence by public servants.
• Study human rights treaties and international instruments.
• Make recommendations for effective implementation of these treaties to the Government.
• Promote human rights awareness among the public.
• Encourage human rights literacy at both national and international levels.

Importance 

• It represents India’s commitment to promoting and protecting human rights, defined in Section 2(1)(d) of the PHRA as rights related to life, liberty, equality, and dignity, guaranteed by the Constitution and enforceable by Indian courts.
• It plays an active role in coordinating with other NHRIs of the world to enhance awareness from the perspective of human rights.
•  It has also hosted delegations from UN Bodies and other National Human Rights Commissions as well as members of civil society, lawyers and political and social activists from many countries.

Issues and Concerns 

• The Global Alliance of National Human Rights Institutions (GANHRI) has deferred NHRC’s accreditation for the second consecutive year, citing lack of transparency and poor representation.
• It  fails to cooperate with civil society, involves police personnel in investigations creating “conflict(s) of interest,” and is unable to respond to escalating human rights violations.
• There have been recurring delays in appointing NHRC chairpersons, with significant gaps between the terms of the last four chairs
• The Supreme Court is reviewing the Union government’s delay in filling these vacancies, with recent hearings highlighting ongoing concerns about the NHRC’s diminished effectiveness and independence.

Conclusion and Way Forward 

• The National Human Rights Commission of India remains a vital institution in the country’s human rights landscape. 
• Its establishment was a significant step towards reinforcing India’s commitment to human rights and justice. 
• However, to effectively fulfill its mandate, the NHRC must overcome existing challenges and continue to evolve in response to the dynamic human rights environment. 
• By addressing these issues, the NHRC can strengthen its role in protecting human rights and contribute to a more just and equitable society in India.

Source: TH