Bodies having constitutional backing
- Article 338: National Commission for SC
- Article 338A: NC for ST
- Article 338B: NC for backward classes
Bodies having legal backing
- National Human Rights Commission
- NC for Protection of Child Rights
- NC for Women
- 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