5 Problems in NHRC Working

1. Lack of infrastructure: In 2017, NHRC admitted that despite a 1,455 per cent increase in complaints between 1995 and 2015, its staff strength had decreased by 16.94 per cent in the same period. Commission officials have admitted in Supreme Court that with its current staff capacity, it cannot investigate more than 100 cases a year.
2. Conflict of interest: Almost 50 per cent of the NHRC’s staff is on deputation from other services who keeps changing, leaving the commission constantly short-staffed. Also, the officers conducting investigations are usually on deputation from the same forces that have been accused of violations and will have to inevitably go back to them, creating a conflict of interest.
3. Limiting its ambit of work: In terms of action against excess police action, the NHRC has limited itself to custodial death, rape and torture by police and has refrained from venturing into torture cases related to terrorism and insurgency. Civil society groups argue that NHRC has refrained from asserting its independence by not taking up cases with high political stakes.
4. Questions of independence and govt interference: The very nature of formation of the NHRC – by an Act of Parliament and where the chairperson and the members of the Commission are appointed by the President, on the recommendations of a committee that includes the Prime Minister – which has raised doubts in the minds of many about its ability to function independently. Additionally, the recommendations of the NHRC are not binding on the governments.
5. No power of granting punishment to the accused: While in over 90 per cent of cases financial compensation recommended by the NHRC is paid to the victims by the concerned authorities, the Commission has had very little success in getting the guilty punished. The NHRC may, however, move to SC if its recommendations are not accepted. For example: A Special Investigation Team (SIT) was constituted to investigate some of the serious cases of 2002 Godhra riots of Gujarat. The NHRC has no powers to investigate human rights violations involving the armed forces. NHRC on receiving a complaint or while taking suo motu cognisance of a violation, can only send queries to the Defence Ministry and make recommendations based on it.