NHRC Notice to Odisha Govt on Custodial Death
Kartavya Desk Staff
Syllabus: Polity: Constitutional Bodies
Source: TOI
Context: The National Human Rights Commission (NHRC) has issued a notice to the Odisha government, demanding an explanation for not paying the recommended compensation to the family of a person who died in custody.
About Custodial Death:
Custodial death, often a result of custodial violence including torture and rape, is a significant concern in India. Between 2017 and 2022, over 660 custodial deaths were reported, with Gujarat recording the highest number at 80, followed by Maharashtra.
Safeguards against custodial violence:
• Article 14 ensures the right to equality before the law
• Article 21 guarantees the right to life
• Sections 330 and 331 of the IPC prescribe punishments for injuries inflicted to extort confessions during custody
• Section 176 of the Cr. P.C. mandates a magisterial inquiry in cases of custodial death.
• Sections 120 and 127 of the Bhartiya Nyaya Sanhita, offer additional protections for the accused
• NHRC’s 1993 guidelines, which require reporting custodial deaths or rapes within 24 hours
• Supreme Court’s directives in the DK Basu case, outlining procedures for detainee protection and arrest protocols.
About NHRC:
The National Human Rights Commission (NHRC) is a statutory body established in India to safeguard and promote human rights in the country. It was established under the Protection of Human Rights Act, 1993, with a mandate to address human rights violations, provide remedies to victims, and create awareness about human rights principles among the public.
The mandate of the National Human Rights Commission (NHRC):
Mandate of NHRC | Description
Investigate Human Rights Violations | The NHRC is responsible for investigating and inquiring into complaints of human rights violations, covering civil, political, economic, social, and cultural rights.
Recommend Remedial Measures | After investigation, the NHRC has the authority to recommend remedial measures to the concerned authorities for the protection and promotion of human rights. This includes suggestions for compensation, rehabilitation, and legal action against the perpetrators.
Spread Awareness and Education | The NHRC is tasked with spreading awareness about human rights, promoting human rights education, and conducting research on various issues related to human rights in India.
Monitor State and Central Government Actions | The NHRC monitors the actions of both state and central government authorities to ensure compliance with human rights standards and principles.
Provide Assistance and Advice | The NHRC provides assistance and advice to individuals, groups, and organizations on human rights issues, offering guidance and support in addressing violations or concerns.
Promote Human Rights Culture | The NHRC aims to promote a culture of human rights by organizing seminars, workshops, and campaigns on various human rights issues. It collaborates with civil society organizations, academia, and other stakeholders to create awareness and advocacy for human rights.
Cooperation with International Bodies | The NHRC collaborates with international organizations, including the United Nations and its agencies, to exchange information, expertise, and best practices in the field of human rights. This fosters cooperation on a global scale to address and advance human rights concerns.
Evaluation of its success in achieving its objectives:
Positives:
• Investigation of Human Rights Violations: The NHRC has been successful in investigating numerous cases of human rights violations in India. As of September 2021, the NHRC had registered over 17,000 cases and completed inquiries in more than 13,000 cases.
• As of September 2021, the NHRC had registered over 17,000 cases and completed inquiries in more than 13,000 cases.
• Recommendations for Remedial Measures: The NHRC’s recommendations have led to positive changes and accountability in some cases. One notable example is the NHRC’s intervention in the encounter killings in Manipur, where it recommended the registration of FIRs, compensation to the victims’ families, and disciplinary action against the involved security personnel. From 1993 to 2021, the NHRC awarded monetary relief amounting to over Rs. 200 crores in cases of custodial deaths.
• One notable example is the NHRC’s intervention in the encounter killings in Manipur, where it recommended the registration of FIRs, compensation to the victims’ families, and disciplinary action against the involved security personnel. From 1993 to 2021, the NHRC awarded monetary relief amounting to over Rs. 200 crores in cases of custodial deaths.
• Awareness and Education: The NHRC has played a crucial role in spreading awareness about human rights through its campaigns, workshops, and publications. As of 2020, the NHRC had organized more than 5,000 human rights awareness programs across the country.
• As of 2020, the NHRC had organized more than 5,000 human rights awareness programs across the country.
• Monitoring of Prisons and Jails: The NHRC has the authority to visit and inspect prisons, jails, and detention centres to ensure the protection of the human rights of inmates. It conducts regular inspections and takes appropriate actions to address issues such as overcrowding, torture, and other forms of ill-treatment.
• It conducts regular inspections and takes appropriate actions to address issues such as overcrowding, torture, and other forms of ill-treatment.
• International Engagement: The NHRC actively participates in international human rights forums and collaborates with international organizations. It engages in dialogue with various countries and shares best practices in the promotion and protection of human rights.
Negatives:
• Implementation and Enforcement: Despite its recommendations, the implementation of NHRC’s directives by the concerned authorities has been a challenge. In some cases, the authorities have failed to take adequate action, leading to a lack of accountability and justice.
• Limited Jurisdiction: It does not have jurisdiction over human rights violations by non-state actors, such as private companies. NHRC is also limited by temporal jurisdiction of cases violation limited to the past 1 year.
• Delayed Justice: For instance, the NHRC’s recommendations in cases of extrajudicial killings and custodial deaths have not always led to prompt action and redress for the victims and their families.
• Limited Resources and Staffing: The NHRC has often faced resource constraints, including limited budgetary allocations and understaffing. This hampers its ability to effectively handle a large number of complaints and conduct comprehensive investigations in a timely manner.
Conclusion:
The National Human Rights Commission (NHRC) plays a crucial role in promoting and protecting human rights in India. The Supreme Court has emphasized the need to provide the NHRC with greater autonomy, independence, and financial resources to enhance its effectiveness in addressing human rights issues.
Insta Links:
• National Human Rights Commission
Prelims Links:
Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (UPSC 2020)
• Directive Principles of State Policy
• Fundamental Duties
Select the correct answer using the code given below:
(a) 1 and 2 only (b) 2 only (c) 1 and 3 only (d) 1, 2 and 3
Ans: D
Consider the following: (UPSC 2011)
• Right to education
• Right to equal access to public service
• Right to food.
Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights”?
(a) 1 only (b) 1 and 2 only (c) 3 only (d) 1, 2 and 3
Ans: D