Meeting of NHRC and SHRCs

The National Human Rights Commission (NHRC) organised a day-long meeting with the State Human Rights Commissions (SHRCs) in New Delhi on the 18th September, 2015. The aim of the meeting was to discuss the ways and means to make the NHRC and SHRCs, which are autonomous and independent of each other, stronger and effective for the protection and promotion of human rights; to explore the areas of cooperation and coordination between them; and to assess the assistance by the Governments to them. There are 25 SHRCs so far.
Inaugurating the meeting, Shri Rajnath Singh, Union Home Minister said that maintaining the autonomy of the NHRC and the SHRCs is in the interest of the country and assured all possible cooperation from the Centre to make them more strong and effective. He said that India has a long tradition of attaching importance not only to the human rights but also to the rights of all that exists in the nature and universe.
Shri Singh said that he was in full agreement with the suggestion that SHRCs should be provided infrastructure, financial and human resources in order to make them effective and would look into the recommendations of Justice G.P. Mathur Committee as well as the suggestions emanating from the meeting in this regard.
The Union Home Minister said that there should be no problem in moving the recommendation before Parliament for an amendment in the Protection of Human Rights (PHR) Act, 1993 for constitution of Human Rights Commissions in Union Territories also.
Earlier, Justice Shri Cyriac Joseph, Acting Chairperson, NHRC, in the Presidential Address said that it is the constitutional obligation of the State to protect human rights. He said that the Centre has been, by and large, supportive and positive towards the NHRC and expressed the hope that the same could be stated about the SHRCs. The NHRC and the SHRCs are recommendatory bodies but it is for the Government to ensure that these do not remain toothless or paper tiger. The Government may review the PHR Act, 1993 in the light of the experience during the last 22 years of the existence of the NHRC. The effective functioning of the NHRC will enhance the image of India as a nation governed by the rule of law.
He said that the NHRC and SHRCs are autonomous bodies and not Government departments and the PHR Act, 1993 does not permit direct or indirect interference by the Governments in their functioning. However, the quality and the quantity of the activities of the Commissions will depend upon the attitude and support of the Government concern and its response to their recommendations.
Justice Cyriac Joseph said that the NHRC and the SHRCs are not envisaged to be a substitute for the judiciary but these are complementary to the courts. The emphasis in a court of law is on penalizing the offender, whereas, the emphasis of the Human Rights Commissions is on rehabilitation and monetary relief to the victims or their dependents, without prejudice to the criminal proceedings against the offenders. The court conducts trial after the offence is committed; the Commissions' activities include steps to create awareness and to prevent violation of human rights.
He expressed the hope that the Government will consider expediting the Commission's recommendations seeking amendments in Section 30 & 31 of the PHR Act, 1993 regarding the establishment and jurisdiction of the Human Rights Courts and the procedure to be followed. He said that the criticism against the NHRC deserves serious attention of the Government and Parliament that the special procedure under Section 19 of the PHR Act, 1993 relating to the complaints of violation of human rights by armed forces has made the Commission powerless and the procedure totally meaningless. The State Governments also urgently required to look into the grievances of the State Human Rights Commissions about the lack of infrastructure and filling of vacancies for their effective functioning.
Several important suggestions emerged during the day-long discussions, focused on making the NHRC and the SHRCs more strong and effective, which will be, after further due deliberations, sent to the Government(s).
NHRC Members, Justice Shri D. Murugesan and Shri S.C. Sinha, Smt. Meera C. Saksena, Acting Chairperson, Karnataka SHRC and Justice Shri Jagdish Bhalla, Chairperson, Punjab SHRC chaired the four thematic sessions having participation from the Chairpersons, Members and senior officers of the NHRC and the SHRCs.