NHRC recommendations cannot be set aside with impunity: justice Bhandari

“NHRC is unparalleled in the world with the number and types of complaints of human rights violations it handles and the amount of relief paid by the governments on its recommendations”

GN Bureau | February 17, 2017


#SHRCs   #national human rights commission   #NHRC  
 
Recommendations by the National Human Rights Commission (NHRC) cannot be set aside with impunity merely on the ground that it is a recommendatory body,” said justice Dalveer Bhandari, member, international court of justice. 
 
Addressing the meeting of NHRC and State Human Rights Commissions (SHRCs) in New Delhi on Friday, he cited the April 8, 2016 Allahabad high court’s judgement where the court set aside the Uttar Pradesh government’s challenge against the recommendation of the commission.
 
Bhandari said, “The NHRC like the international court of justice also does not have contempt powers but by virtue of the respect it commands, most of its directions are accepted.”
 
He pointed towards state governments’ poor response towards the SHRCs, and asked the NHRC to convene a meeting of chief ministers along with SHRCs chairpersons to ensure that they are effectively functioning and strengthened with manpower, financial and infrastructural resources.
 
He said that NHRC is unparalleled in the world with the number and types of complaints of human rights violations it handles and the amount of relief paid by the governments on its recommendations. However, he said that there are still some areas, where a lot needs to be done. These are: human trafficking, homeless people living on pavements, victims of terrorism, acute problem of air and water pollution. He said that New Delhi has the dubious distinction of being one of the worst polluted cities in the world leading to death of several people.
 
Meanwhile, justice HL Dattu, chairperson, NHRC said, “The commissions was envisaged under the Protection of Human Rights Act with the understanding that governments would act on their recommendations on the complaints of human rights violations. But there are many hindrances, which, the SHRCs continue to face in discharging their mandate effectively.”
 
“The most acute is the lack of adequate infrastructural human as well financial resources for which each state needs to work proactively. So far, 26 States have established SHRCs. However, even in these states, a lot needs to be done, including filling up of vacant positions of chairperson and Members, to ensure their functional autonomy,” he added.
 
He said that the diversity of the population, widespread poverty, illiteracy and lack of human right awareness among civil societies and public functionaries, make the realisation of human rights an arduous endeavour. Social and economic deprivation, including lack of access to adequate healthcare, food, education and other social goods and services further exacerbate the human rights deficit in the country. These multiple challenges in the realisation of human rights cannot be achieved without the cooperation of governments to the national and state HRCs.
 
Dattu informed that the NHRC has sent its recommendations to CMs and the prime minister about the minimum basic structure manpower and financial needs of SHRCs, and is constantly following it. 
 
The NHRC has also proposed to the government for suitable amendments for the PHR Act, making the way for setting up of commissions in union territories also. It has also taken up the issue of changes in the Act for the setting up of human rights courts and their effective functions.
 
 
 
 

Comments

 

Other News

Covid-19: India’s recovery rate improves to 59.43%

Even as Unlock enters the second phase, the number of Covid-19 infections continues to rise to record levels and India remains No 4 in the worldwide list, yet there is glimmer of hope: its recovery rate is also rising in tandem. There are 1,27,864 recovered cases more than the active Covid-1

Coming soon at a station near you: private trains!

A long-debated idea is finally coming to fruition as the Indian railways has decided to join hands with the private sector, in running some train services to begin with. The ministry of railways has invited ‘request for qualifications’ (RFQ) for private participation for operatio

A place of local democracy in pandemic governance: The case of Mumbai

Democracy in India is now taken for a fact, with an unstated assumption that all our institutions are democratic and hence often our successes and more often failures are attributed to ‘democracy’. However, a key frontier where democracy remains a challenge is that of local governments and that

Why TikTok, other apps were banned: “Engaged in anti-India activities”

India, facing China’s aggressiveness at border, has banned 59 smartphone apps, including TikTok, as they were indulging in activities harmful to India’s sovereignty and integrity. The reason cited was: “in view of information available they are engaged in activities which [

Gaganyaan mission not affected by pandemic

The launch of India’s first human space mission, ‘Gaganyaan’, will not be affected by Covid-19 and preparations are going on in the right direction even amid the pandemic. This was disclosed by minister of state (independent charge) development of north eastern region (DoNE

How India is quietly resetting its economic engagement with China

For all intents and purposes, India is going to reset its relations with China and a subtle hint to this regard has been given by the Narendra Modi government after the deadly June 15/16 night face-off between the Indian army and PLA troops in the Galwan Valley in which 20 Indian soldiers lost their lives.



Archives

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter