Important Judgment of the Supreme Court of India

Judgment on strengthening human rights protection mechanism
I
n this column, a brief report on an important judgment of the Supreme Court of India will be given, which has a bearing on human rights :
On the 14th July, 2017, the Supreme Court ordered a CBI inquiry into 95 cases of encounters in Manipur between 2000 to 2012, while hearing the Writ Petition (CRL) No. 129 of 2012. These cases were part of the Commission of inquiry, judicial inquiry and High Court and NHRC proceedings. The Apex Court also dwelt at length upon the constraints of the NHRC in fulfilling its mandate under the Protection of Human Rights, PHR Act.
This order underscores the constitutional and judicial importance attached to the human rights in India. It also serves as a critique on the responsibilities of governments towards strengthening our human rights protection mechanism.
The Apex Court observed that the provisions of the PHR Act make it an obligation on part of the Central Government to "provide adequate officers and staff so that the NHRC can perform its functions efficiently."
It also observed that "Considering that such a high powered body has brought out its difficulties through affidavits and written submissions filed in this Court, we have no doubt that it has been most unfortunately reduced to a toothless tiger. We are of the clear opinion that any request made by the NHRC in this regard must be expeditiously and favorably respected and considered by the Union of India otherwise it would become impossible for the NHRC to function effectively and would also invite avoidable criticisms regarding respect for human rights in our country. We direct the Union of India to take note of the concerns of the NHRC and remedy them at the earliest and with a positive outlook…. We expect all State Governments to abide by the directions issued by the NHRC in regard to compensation and other issues as may arise from time to time. If the people of our country are deprived of human rights or cannot have them enforced, democracy itself would be in peril."