Bodies having constitutional backing

  1. Article 338: National Commission for SC
  2. Article 338A: NC for ST
  3. Article 338B: NC for backward classes
  1. National Human Rights Commission
  2. NC for Protection of Child Rights
  3. NC for Women
  4. NC for Minority Education

Functions

  • observe & monitor safeguards provided in constitution for protection of marginalized sections
  • enquire into complaints relating to deprivation of rights / safeguards for marginalized sections
  • advise centre or states on planning schemes for socio economic development of marginalized sections
  • regularly reporting to the president on working of safeguards provided by constitution & law
  • promoting research & encouraging NGO in field of human rights
  • have powers of civil courts

Benefits of getting constitutional status

  • elevates status, raises reputation
  • gets unparalleled powers to provide directions to govt ministries, departments
  • greater independence and autonomy in functioning
  • reports of such bodies have to be compulsorily tabled in Parliament along with ATR by the exec

Challenges & limitations of HRB

Applies to all bodies, so write this down irrespective of whichever body the exam question asks of.

  • lack of independent investigation machinery
    • relies on state or central agencies for investigations
  • only recommendatory bodies; recommendations are not binding
  • poor discussion of reports in legis
  • cannot entertain or inquire into complaints older than a specified period
    • eg. 1yr for NHRC
  • appts based on political considerations
    • compromise of independent functioning
  • limited power to suggest actions armed forces
  • shortage of staff & vacancies due to delayed appts hamper effective functioning

Reform Suggestions

  • separate cadre and investigation machinery
  • encourage better discussions in parl on their erports
  • need to have broad based committee for appt for human rights bodies as is present for NHRC
  • open more offices, branches
  • undertake awareness campaigns
  • govt should act on war footing