Syllabus
GS Paper 2 – Welfare Schemes (centre, states; performance, mechanisms, laws, institutions and bodies constituted for protection of vulnerable sections)
Applications where to apply?
When asked about
– NHRC
– GANHRI
– UNHRC
Context
Global Alliance of National Human Rights Institutions (GANHRI) extended National Human Rights Commission of India (NHRC)’s deferral status.
Source
The Hindu| Editorial dated 15th May 2024
Candid notes on the NHRC’s status deferral
The National Human Rights Commission of India (NHRC) recently learned that its deferral status, as determined by the sub-committee on accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI), has been extended. Despite endeavours by the NHRC and the government to overturn the deferral, the decision underscores persistent apprehensions regarding India’s compliance with human rights principles. This development prompts broader inquiries into the NHRC’s operations, leadership, and alignment with international norms.
Overview of GANHRI
- GANHRI, associated with UN High Commissioner for Human Rights, is a global network supporting national human rights institutions (NHRIs).
- It encompasses 120 NHRIs worldwide and aims to uphold human rights principles.
- Its primary focus is on promoting independence, pluralism, and accountability among NHRIs.
Accreditation Process
- The Sub-Committee on Accreditation (SCA) conducts reviews of NHRIs every five years, offering an appeals mechanism for transparency and fairness.
- Utilizing a peer-review-based approach, GANHRI assesses NHRIs’ compliance with the Paris Principles, ensuring credibility and effectiveness.
Paris Principles Compliance
- The Paris Principles establish fundamental standards for NHRIs, mandating independence, pluralism, and accountability.
- Compliance with these principles is crucial for an NHRI to maintain its credibility and effectiveness.
Accreditation Status
- NHRIs meeting the Paris Principles criteria receive ‘A status’, indicating full compliance.
- Those partially meeting the criteria are accredited with ‘B status’.
- Accreditation status impacts a country’s participation and voting rights in various UN human rights forums.
India’s NHRC got ‘A’ status of accreditation for the first time in 1999, which it retained in 2006, 2011, and in 2017 after it was deferred for a year. The deferral, initiated in 2023, will continue for another year.
Concerns with functioning of NHRC
- Concerns Over Compliance with Paris Principles:
- The GANHRI’s decision to defer NHRC’s status was primarily due to concerns over India’s adherence to the Paris Principles.
- The NHRC’s ratings were put on hold in 2023 over concerns on:
- its composition procedure: According to a six-point submission by the SCA in March 2023, the NHRC has failed to create conditions required to be able to operate independent of government interference.
- the presence of police personnel in human rights investigations, and
- the lack of gender and minority representation: It also cited the lack of pluralism and gender representation, given the NHRC had only one woman in its top body, an institutional ex-officio representative of the National Commission for Women.
- It indicated the lack of any member representing India’s largest minority religions.
- Contentious Reference in NHRC Brochure:
- A brochure titled ‘Human Rights 75′, published by NHRC, referenced ancient texts like the Manusmriti, drawing criticism for its controversial content.
- The mention of Manusmriti, despite its historical significance, sparked outrage among marginalized communities, raising questions about Justice Mishra’s perspective on human rights.
Conclusion
The extension of the NHRC’s deferral status underscores the challenges India faces in upholding human rights principles, as perceived by international bodies like GANHRI. It prompts a critical examination of the NHRC’s operations, including its leadership, approach to human rights issues, and alignment with global standards. As India strives to enhance its standing in the realm of human rights, addressing these concerns becomes paramount for the NHRC and the government alike.
Related Topics
UNHRC
- Formation of the Human Rights Council:
- Established by the United Nations General Assembly in 2006.
- Replaced the former United Nations Commission on Human Rights.
- Secretariat and Headquarters:
- The Office of the High Commissioner for Human Rights (OHCHR) serves as the Secretariat of the Human Rights Council.
- OHCHR is headquartered in Geneva, Switzerland.
- Membership Criteria:
- Comprises 47 United Nations Member States elected by the UN General Assembly (UNGA).
- Consideration is given to candidate States’ contributions to promoting and protecting human rights, as well as their voluntary pledges and commitments in this area.
- Geographical Distribution of Seats:
- Seats are distributed to ensure equitable representation across regions:
- African States: 13 seats
- Asia-Pacific States: 13 seats
- Latin American and Caribbean States: 8 seats
- Western European and other States: 7 seats
- Eastern European States: 6 seats
- Seats are distributed to ensure equitable representation across regions:
- Term and Eligibility:
- Members serve for three-year terms.
- Not eligible for immediate re-election after serving two consecutive terms.
References
Related PYQ
National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately supported by other mechanisms that ensure the accountability of a government. In light of the above observation assess the role of NHRC as an effective complement to the judiciary and other institutions in promoting and protecting human rights standards? [ UPSC Civil Services Exam – Mains 2014]
Practice Question
Assess the effectiveness of the NHRC in safeguarding human rights in India and analyze the significance of international recognition for its credibility and authority. [250 words]