← All questionsGS2 · 2014 · Governance ·NHRC as Complement to Judiciary
MAINS 2014
GS2
12.5 marks

National Human Rights Commission in India can be most effective when its tasks are adequately supported by other mechanisms that ensure 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.

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9 min
200 words

What the examiner wants

Assess NHRC's role in complementing courts and other institutions in protecting human rights.

AssessWeigh the evidence and say how far the claim holds.

Demand-wise check

  1. 1Mandate: Protection of Human Rights Act 1993; inquiries, custodial death monitoring, prison visits, research, awareness; Paris Principles≈35 words
  2. 2Complement to judiciary: quick and cheap remedy, interim relief and compensation, intervening in court cases, spot inquiries≈35 words
  3. 3Limits: recommendations not binding, one-year limit on complaints, limited role over armed forces (Section 19), dependence on government staff for investigation≈35 words
  4. 4Support needed: state commissions, police reform, civil society, media, RTI; binding powers for compliance≈35 words

Open in about 30 words and close in about 30.

Answer plan

NHRC mandateHow it complements courtsConstraintsMechanisms that strengthen itConclusion

Where marks usually go

  • Describing composition only, missing 'complement' role
  • Not discussing the non-binding nature of recommendations

Draw this

  • Venn diagram: NHRC, judiciary, other mechanisms (SHRCs, media, civil society)

Value addition

  • CaseD.K. Basu v State of West Bengal (1997) laid down arrest guidelines; NHRC requires reporting of custodial deaths within 24 hours.Supreme Court 1997; NHRC guidelines
  • LawProtection of Human Rights (Amendment) Act 2019 cut members' tenure to three years and let a former Supreme Court judge, not only a former CJI, head NHRC.Parliament, 2019

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