• UGI USER
  • May 15, 2024
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NHRC’S STATUS DEFERRAL

SYLLABUS:

  • GS 2: Statutory, regulatory and various quasi-judicial bodies.

Focus:

  • India’s NHRC accreditation deferred by GANHRI for second year due to lack of transparency and diversity.

Background

The National Human Rights Commission of India (NHRC) recently learned that the deferral of its status will continue for an additional year. This decision was made by the Sub-Committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI). The deferral began in 2023, with the SCA choosing not to downgrade the NHRC to category ‘B’ as some international NGOs had requested, but also declining India’s plea to lift the deferral. This ongoing deferral has significant implications for the NHRC and raises several critical issues regarding its adherence to international human rights standards and the government’s role in its functioning.

Continuing Deferral of NHRC’s Status

Sub-Committee on Accreditation (SCA)

  • SCA’s Decision: The SCA chose to continue the deferral of the NHRC’s status for another year, reflecting concerns about the NHRC’s adherence to international human rights standards.
  • International Pressure: Leading international NGOs advocated for downgrading the NHRC to category ‘B’, but the SCA did not agree with this plea.
  • Government’s Plea: The Indian government requested the deferral to be lifted, which the SCA rejected, indicating ongoing issues with the NHRC’s compliance.
  • Avoiding Downgrade: Despite the deferral, the NHRC avoided the ignominy of a downgrade to category ‘B’, which would have significantly impacted its international standing.
  • Ongoing Lobbying: The NHRC and the Indian government lobbied hard to remove the deferral, highlighting the importance they place on maintaining ‘A’ status.

NHRC Leadership and Concerns

  • NHRC Chairperson: Justice Arun Mishra, a former Supreme Court Justice, leads the NHRC and has been at the forefront of the efforts to lift the deferral.
  • Upcoming Retirement: Justice Mishra is set to retire in early June, and his departure may leave unresolved issues regarding the NHRC’s status.
  • Legacy Concerns: If not reappointed, Justice Mishra would be the first NHRC chairman to leave with the institution under a deferral, raising questions about his tenure.
  • Criticism of Appointment: His appointment was initially controversial, and the ongoing deferral may further validate those concerns.
  • Government Involvement: The government’s behind-the-scenes efforts to influence the NHRC’s status reflect broader concerns about its role and autonomy.

Brochure Controversy

  • Human Rights 75: The NHRC published a brochure titled ‘Human Rights 75’ as part of the ‘Azadi ka Amrit Mahotsav’ celebrations.
  • Ancient References: The brochure referenced ancient Indian texts like the Vedas and Upanishads to assert that India’s earliest civilizations laid the foundation for basic human rights principles.
  • Spiritual Exploration: It highlighted the promotion of spiritual truths and the concept of justice in ancient Indian literature.
  • Manusmriti Mention: The brochure mentioned the Manusmriti, noting its principles of justice, including proportionate punishment.
  • Controversial Inclusion: This mention sparked outrage among historically disadvantaged groups and those upholding the Indian Constitution, as the Manusmriti is seen as a source of discrimination.

Adherence to Paris Principles

  • International Benchmarks: The Paris Principles provide international benchmarks for National Human Rights Institutions (NHRIs) to be accredited.
  • Six Criteria: These criteria include mandate and competence, autonomy from the government, independence guaranteed by a statute or constitution, pluralism, adequate resources, and adequate powers of investigation.
  • Previous Compliance: In 2017, the SCA placed the NHRC in the deferral category, but this was lifted later that year after a review, allowing India to retain its ‘A’ status.
  • NHRC’s Recognition: The NHRC publicly acknowledged the importance of ‘A’ status, which grants participation in the work of GANHRI and the UN Human Rights Council.
  • Current Doubts: The GANHRI’s current doubts suggest that the NHRC may not be fully adhering to these principles, leading to the continued deferral.

Issues with Compliance

  • Autonomy Concerns: There are concerns about the NHRC’s autonomy from the government, affecting its ability to operate independently.
  • Resource Adequacy: Adequate resources are essential for the NHRC to function effectively, and any shortcomings in this area could impact its compliance with the Paris Principles.
  • Pluralism: Ensuring pluralism within the NHRC is crucial for it to represent diverse perspectives and maintain credibility.
  • Powers of Investigation: The NHRC needs adequate powers of investigation to fulfill its mandate and address human rights violations effectively.
  • Statutory Independence: The independence of the NHRC must be guaranteed by statute or constitution to protect it from external influences.
GANHRI

  • GANHRI, formerly ICC, is a trusted UN partner.
  • Established in 1993, it coordinates national human rights institutions globally.
  • Renamed GANHRI in 2016, it’s a network of 120 member institutions, including India.
  • Based in Geneva, Switzerland, it promotes and protects human rights internationally.

GANHRI’s Evaluation Process

  • Peer-Reviewed Nature: The GANHRI evaluation process is peer-reviewed, adding credibility and impartiality to the assessment of NHRIs.
  • Dismissal of Criticism: The Indian government has dismissed criticism of the human rights situation in India since 2019, but the peer-reviewed nature of GANHRI’s evaluation makes it difficult to ignore.
  • Minister’s Sensitivity: External Affairs Minister S. Jaishankar has been particularly sensitive to criticisms of the Modi government’s record on civil liberties and fundamental freedoms.
  • Comparative Criticism: Jaishankar has often responded to criticism by pointing to deficiencies in the West, a stance that has found support domestically but may not be effective internationally.
  • Diplomatic Approach: The use of harsh language and a muscular diplomatic approach may not have succeeded in addressing GANHRI’s concerns, as evidenced by the continued deferral.

Conclusion

The continued deferral of the NHRC’s status by GANHRI reflects ongoing concerns about its adherence to international human rights standards. While the NHRC and the Indian government have managed to avoid a downgrade, the issues raised by the SCA highlight the need for significant improvements in the NHRC’s functioning, autonomy, and compliance with the Paris Principles. The controversy surrounding the NHRC’s brochure and the broader context of government appointments and vacancies further underscore the challenges facing the institution. Addressing these issues will be crucial for the NHRC to regain its full accreditation and effectively uphold human rights in India.

NHRC

Establishment and Mandate:

  • Established on October 12, 1993, under the Protection of Human Rights Act, 1993.
  • Acts as the watchdog for human rights issues within the country.
  • Operates in accordance with the Paris Principles (1991), ensuring conformity with international standards.

Objectives:

  • Strengthen institutional arrangements for addressing human rights comprehensively and effectively.
  • Investigate allegations of excesses independently, demonstrating the government’s commitment to human rights protection.

Composition:

  • Consists of a chairperson and eight other members.
  • Chairperson is typically a retired Chief Justice of India.
  • Four full-time members include a Supreme Court or High Court judge, and two members with expertise in human rights.
  • Four deemed members are chairpersons of specific national commissions.
  • Appointed by the President based on recommendations from a six-member committee comprising prominent political figures.

Term and Reappointment:

  • Chairperson and members serve a term of three years or until reaching the age of 70, whichever is earlier.
  • Eligible for reappointment based on performance and qualifications.

Source:The Hindu

Mains Practice Question:

Evaluate the peer-reviewed evaluation process of GANHRI and its importance in maintaining the credibility of National Human Rights Institutions. How should the NHRC of India respond to the continued deferral of its status to restore confidence in its operations? (250 words)

Associated Articles:

https://universalinstitutions.com/nhrc-accreditation-under-review-in-geneva-amid-concerns-government-response/