Critical Analysis of the Effectivenes and Accountability of National and State Human Rights Commissions in India: Institutional Response to Human Rights Violations and Protection of Marginalized Group

Abstract

In India the Protection of Human rights act (PHRA), 1993, established the National Human rights commission (NHRC) and state human rights commission (SHRCs) as the ultimate institutional safeguard against a constitutional and international miscarriage of human rights. The following paper critically assesses the effectiveness and accountability of these Commissions, specifically the issue of their ability to combat systemic human rights violations and marginalized groups. Using a doctrinal research approach, the study shows a structural paradox has existed in the organization since we have a powerful mandate of investigation and promotion which is also consistent with the international Paris Principles but the functionality of the body is awkward due to a statutory lack of punitive/enforcement powers which makes this body to be called a toothless tiger. This weakness is however offset by judicial activism that has secured the quasi-judicial power of the NHRC.