Context & The Gist
The article discusses the National Human Rights Commission’s (NHRC) recent directive to the Uttar Pradesh government regarding compensation for a custodial death. This directive is significant as it comes amidst a backdrop of systemic failures and a perceived decline in the NHRC’s effectiveness, signaling a potential reassertion of its mandate to protect human rights and ensure accountability.
Key Arguments & Nuances
- Systemic Issue of Custodial Deaths: India witnesses a significant number of custodial deaths, with Uttar Pradesh accounting for a substantial portion. The Gujarat State Law Commission has also expressed concern over rising incidents.
- NHRC’s Historical Role & Decline: The NHRC, established in 1993, initially played a proactive role in safeguarding human rights, but has gradually shown deference to governments, lacked transparency, and faced limitations in enforcement powers.
- ‘Toothless Tiger’ Perception: The NHRC’s non-binding recommendations and limited enforcement powers have led to criticism, with a former chairperson describing it as a “toothless tiger”.
- Impact of Policing Culture: The Status of Policing in India Report 2025 highlights a concerning approval for coercive action among a significant percentage of police personnel.
- Symbolic Importance of the Directive: While the directive may be seen as symbolic, it represents a crucial step towards reaffirming the NHRC’s commitment to its core principles.
UPSC Syllabus Relevance
- GS Paper II: Governance, Issues Relating to Development and Management of Social Sector/Services including Health, Education, and Human Resources – The role of statutory bodies like the NHRC in protecting human rights and ensuring accountability.
- GS Paper II: Polity and Constitution – Understanding the constitutional framework for human rights protection and the functioning of institutions established for this purpose.
- GS Paper IV: Ethics, Integrity, and Aptitude – The importance of accountability, transparency, and ethical conduct in public service, particularly within law enforcement agencies.
Prelims Data Bank
- National Human Rights Commission (NHRC): Established in 1993 under the Protection of Human Rights Act, 1993.
- Global Alliance of National Human Rights Institutions (GANHRI): The NHRC’s accreditation with GANHRI was deferred in 2024 due to concerns about transparency and diversity in appointments.
- Status of Policing in India Report 2025: Revealed approval for coercive action among a sizeable percentage of police personnel.
Mains Critical Analysis
The NHRC’s recent directive, while a positive step, highlights a broader crisis of institutional accountability within India’s human rights framework. The high number of custodial deaths, particularly in states like Uttar Pradesh, points to systemic issues within the police force, including a culture of impunity and a lack of adequate training and oversight. The NHRC’s limitations – its non-binding recommendations and lack of enforcement powers – significantly hamper its effectiveness.
Challenges
- Limited Enforcement Powers: The NHRC’s recommendations are not legally binding, reducing its impact.
- Political Interference: Deference to governments and reluctance to pursue politically sensitive cases undermine its independence.
- Lack of Transparency: Opacity in appointments and functioning erodes public trust.
Opportunities
- Strengthening Legal Framework: Granting the NHRC more enforcement powers through legislative amendments.
- Ensuring Independence: Establishing a transparent and independent appointment process for NHRC members.
- Promoting Police Reforms: Implementing comprehensive police reforms to address issues of brutality and impunity.
Value Addition
- Justice V.S. Malimath Committee (2000): Recommended reforms in the criminal justice system, including measures to prevent custodial violence.
- PUCL v. State of Maharashtra (1994): The Supreme Court laid down guidelines for preventing custodial violence and ensuring accountability.
- UN Paris Principles: These principles define the standards for national human rights institutions, emphasizing independence, pluralism, and accountability.
- Quote: “The ultimate measure of a society’s civilization is how it treats its weakest members.” – Mahatma Gandhi
The Way Forward
- Immediate Measure: Strengthen the NHRC’s investigative capacity and ensure prompt action on its recommendations.
- Long-term Reform: Enact legislation to grant the NHRC greater autonomy and enforcement powers, coupled with comprehensive police reforms focused on accountability and human rights training.