National Human Rights Commission (NHRC)

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Why in News?

Recently, the NHRC held a meeting with all seven national commissions to talk about how to protect the rights of vulnerable groups. They wanted to share good ideas and work together on plans.

The seven commissions are:

• National Commission for Women (NCW).
• National Commission for Scheduled Castes (NCSC).
• National Commission for Scheduled Tribes (NCST).
• National Commission for Protection of Child Rights (NCPCR).
• National Commission for Minorities (NCM).
• National Commission for Backward Classes (NCBC).
• Office of Chief Commissioner for Persons with Disabilities.

What are the Outcomes of the Joint Sitting of Human Rights Bodies?

Joint Strategies for Effective Implementation:

NHRC stressed the importance of all seven national commissions working together to create joint strategies for effectively implementing laws and schemes that protect human rights. They also emphasized learning from each other to ensure equality and dignity for SC-ST communities, women, and marginalized groups.

Mechanical Cleaning of Septic Tanks:

NHRC urged states and local bodies to mechanically clean septic tanks and follow the NHRC's advisory on this issue.

Collaboration for Research:

The commissions should collaborate on research to avoid duplicating efforts. NHRC and the National Commission for Women (NCW) highlighted the need for uniform state laws to ensure women's property rights.

Challenges in Education and Technology:

The Chairperson of the National Commission for Scheduled Castes discussed ensuring that new education policies and technologies benefit everyone equally. He noted that changing mindsets requires both legal measures and compassion. Delays in compensation under the SC and ST Act and the need to review victim compensation schemes were also mentioned.

 

Rights of Children:

The Chairperson of the National Commission for Protection of Child Rights (NCPCR) highlighted their proactive efforts in protecting children's rights, including monitoring portals and rehabilitating over one lakh orphaned children.

They issued guidelines and SOPs for child rights protection and emphasized enhanced compensation under the National Legal Services Authority (NALSA) and state intervention in private school child rights violations.

Challenges Faced by Persons with Disabilities:

The Chief Commissioner for Persons with Disabilities noted that as rights awareness among 'divyangjan' increases, so do related challenges, such as visually impaired individuals facing issues with captcha codes online.

Scope for Cooperation and Structured Approach:

There was an agreement on the need for enhanced cooperation among commissions and a structured approach to safeguarding rights. They emphasized the value of institutional interactions, collaborative advisories, and using the ‘HRCNet portal’ for better efficiency. HRCNet is an online portal that centralizes complaint handling for aggrieved citizens.

What is the National Human Rights Commission (NHRC)?

About:

The commission ensures the protection of rights related to life, liberty, equality, and dignity of individuals, based on the Indian Constitution and international covenants enforceable by Indian courts.

Establishment:

• Established on 12th October 1993 under the Protection of Human Rights Act (PHRA), 1993.
• Amended by the Protection of Human Rights (Amendment) Act, 2006, and the Human Rights (Amendment) Act, 2019.
• Created in line with the Paris Principles for promoting and protecting human rights.

Composition:

• Includes a chairperson, five full-time members, and seven deemed members.
• The chairperson is a former Chief Justice of India or a Supreme Court judge.

Appointment and Tenure:

• The chairperson and members are appointed by the President based on recommendations from a six-member committee.
• The committee includes the Prime Minister, Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both Houses of Parliament, and the Union Home Minister.
• They serve for a term of three years or until the age of 70.

Role and Function:

• The commission has the powers of a civil court for judicial proceedings.
• It can use central or state government officers or investigation agencies to investigate human rights violations.
• It can investigate incidents within one year of their occurrence.
• Its functions are mainly recommendatory.

 

What are the Shortcomings in Functioning of NHRC?

Non-Binding Nature of Recommendations:

The NHRC investigates human rights violations and makes recommendations, but it cannot force authorities to act. Its influence is mainly moral, not legal.

Inability to Punish Violators:

The NHRC cannot punish those who commit human rights abuses. Even when it identifies violators, it cannot impose penalties or provide direct relief to victims, which limits its effectiveness.

Limited Role in Armed Forces Cases:

The NHRC has limited jurisdiction over human rights violations by the armed forces. Many cases involving military personnel are outside its reach, reducing accountability in such instances.

Time Limitations in Case of Historical Human Rights Violations:

The NHRC cannot address violations reported more than a year after they occur. This rule prevents it from dealing with older or delayed cases effectively.

Resource Constraints:

The NHRC faces resource shortages, making it difficult to handle its high caseload, conduct investigations, and run public awareness campaigns efficiently. Many state human rights commissions also suffer from a lack of staff and leadership.

Lack of Independence:

The NHRC's members are appointed by the government, which challenges its independence and can affect its credibility.

Need for Proactive Interventions:

The NHRC typically responds to complaints rather than taking preventive measures. Adopting a more proactive approach could improve its effectiveness.

 

What are the Steps Need to be Taken to Strengthen Working of NHRC?

Improve the Scope and Effectiveness:

Broaden the NHRC’s mandate to address new human rights challenges like artificial intelligence, deep fakes, and climate change.

Granting Enforcement Powers:

Give the NHRC punitive powers to enforce its recommendations, enhancing accountability and compliance.

Composition Reforms:

Diversify the commission by appointing members from civil society, activists, and experts to provide a holistic perspective.

Developing an Independent Cadre:

Address resource constraints by creating an independent cadre of staff with expertise in human rights issues.

Strengthening State Human Rights Commissions:

Support state human rights commissions through collaboration, capacity building, and knowledge sharing.

Advocacy and Public Awareness:

Shift from reactive to proactive by engaging in advocacy, awareness campaigns, and education to empower citizens about their rights.

International Cooperation:

Collaborate with international human rights bodies to learn from their experiences and adopt effective strategies.

 

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Disenfranchisement of Undertrials in India

Why in News?

As the 18th Lok Sabha elections take place, over four lakh undertrials in prisons across the country are unable to vote due to a broad legal ban.

The Representation of the People Act of 1951 prohibits anyone in prison, whether convicted or awaiting trial, from voting.

Why are Undertrials Barred from Voting?

Section 62(5) of the Representation of the People Act:

• Voting Ban for Prisoners: Individuals confined in prison, whether under a sentence or in police custody, cannot vote in any election.
• Retention on Electoral Roll: Despite being prohibited from voting, individuals on the electoral roll remain electors.
• Exception for Preventive Detention: This voting prohibition does not apply to individuals under preventive detention.
• Supreme Court Ruling: The Supreme Court has upheld this provision, citing resource constraints and the need to exclude individuals with criminal backgrounds from the election process.
• Right to Vote: While the Supreme Court acknowledges free and fair elections as part of the 'basic structure' of the Constitution, it considers the right to vote (Article 326) and be elected statutory rather than fundamental rights, subject to regulations like the Representation of the People Act, 1951.
• Article 326: This article grants adult suffrage to citizens over 18, unless disqualified due to non-residence, unsound mind, crime, or corrupt practices.

 

Bar Against Contesting Elections Only After Conviction:

• Section 8 of the RPA, 1951: Disqualifies individuals from contesting elections only after conviction for certain criminal offenses, not just on charges.
• Supreme Court Stance: The Supreme Court has rejected calls to disqualify individuals with criminal charges or false affidavits, stating that only the legislature can amend the RPA, 1951.

Exceptions to Disqualification:

• Election Commission Authority: The Election Commission of India can remove or reduce the disqualification period in certain situations.
• Appeals: A disqualified MP or MLA can still contest elections if their conviction is stayed by a higher court.

Way Forward

As electoral systems evolve and inclusivity becomes a priority, it's crucial to consider alternative methods for facilitating political participation among incarcerated individuals, such as mobile voting units or absentee ballots.

Recognizing the fundamental significance of voting rights for prisoners and upholding the aspiration of rehabilitation and reintegration, the focus should be on not further marginalizing prison populations but providing them with opportunities to meaningfully participate in decision-making processes.

Differentiating Convicts and Undertrials in Electoral Rights:

• Undertrials: These individuals have not been convicted and are presumed innocent until proven guilty. They should retain their voting rights to avoid further marginalization and to uphold the principle of innocence until proven guilty.
• Convicts: Those who have been convicted of crimes may have certain restrictions, but a more nuanced approach could be considered, such as allowing voting rights for non-violent offenders or those serving short-term sentences.

Incorporating Voting as a Fundamental Duty and Right:

• Recommendation of the Swaran Singh Committee (1976): This committee suggested making voting a Fundamental Duty in the Indian Constitution.
• Making Voting a Fundamental Right: Elevating the right to vote to a fundamental right would emphasize its importance and ensure greater protection and accessibility for all citizens, including those who are incarcerated.

Incorporating these changes would ensure a more inclusive and fair electoral process, recognizing the rights and potential for rehabilitation of all individuals, regardless of their incarceration status.

19th Session of United Nations Forum on Forest

Why in News?

Recently, India participated in the 19th Session of the United Nations Forum on Forests (UNFF) at the UN Headquarters in New York.

India highlighted its significant advancements in forest conservation and sustainable forest management, which have resulted in a consistent increase in forest cover over the past fifteen years.

What were the Key Takeaways from UNFF19?

India presented its revised National Forest Policy at the 19th Session of the United Nations Forum on Forests (UNFF) at the UN Headquarters in New York. The policy emphasizes forest fire prevention and management through recommendations and technological solutions.

Key Highlights from India's Presentation:

• Forest Fire Management: India addressed the global issue, noting that around 100 million hectares of forest, or 3% of the world's total forest area, are affected by fires each year according to UNFF.
• Global Fire Management Hub: India proposed operationalizing this hub, a collaborative effort by the UNEP and the FAO, to share knowledge and experiences in mitigating forest fires.
• Model Forests Act: India suggested establishing universally accepted standards for forest certification programs to ensure consistent and responsible forest management practices worldwide.

Forum Activities:

• Review of the UN's Strategic Plan for Forests (2017-2030): The forum reviewed progress in achieving global forest goals, which include enhancing the economic, social, and environmental benefits of forests and securing financial resources.
• UN Report on "Climatisation" of Forests: The report raised concerns about the market-oriented approaches for carbon sequestration, which reduce forests' ecological and social values to mere carbon sinks.

 

Other Countries' Contributions:

• Indonesia's Strategy: Indonesia presented its Forest and Other Land Use Net Sink 2030 strategy.
• Malaysia's Commitment: Malaysia committed to maintaining at least 50% of its territory under tree cover.

 

What were India’s Highlighted Initiatives in Forest Management at UNFF19?

India highlighted its success in using technology to manage forest fires at the 19th Session of the United Nations Forum on Forests (UNFF) in New York. Key technological examples include:

 

• Real-Time Fire Monitoring: Utilizing remote sensing for immediate detection and monitoring of forest fires.
• Online Fire Reporting: Implementing web portals for quick and efficient reporting of fire incidents.
• Ecological Restoration Methods: Applying ecological techniques for forest restoration after fires.

 

Forest Fire Exposure in India:

• Occasional Fires:  54.40% of forests.
• Moderately Frequent Fires:** 7.49% of forests.
• High Incidence Levels: 2.40% of forests.

 

Global Ranking and Conservation Efforts:

• Forest Area Gain:  India ranks third globally in the net gain of average annual forest area between 2010 and 2020.
• Project Milestones: India celebrated 50 years of Project Tiger and 30 years of Project Elephant, showcasing its dedication to species conservation and habitat protection.

New Initiatives:

Green Credit Program: This initiative incentivizes tree plantation and the restoration of degraded forest lands, supporting India's climate action efforts.

Hosting International Events:

In 2023, India hosted a country-led initiative under UNFF in Dehradun. The event, attended by representatives from 40 countries and 20 international organizations, focused on forest fire management and forest certification.

What are the Key Facts About the Indian Forest Policy?

The National Forest Policy, 1894 (Colonial Focus):

Timber Production and Custodial Management: The policy prioritized the production of timber and the custodial management of forests.

Forest Classification: Introduced forest classification with a focus on protecting commercially valuable areas.

 

The National Forest Policy, 1952 (National Needs):

National Priorities: The policy shifted focus to national priorities, including land-use management and environmental protection.

Resource Security: Emphasized securing resources like timber, pasture, and fuelwood for national development.

 

The National Forest Policy, 1988 (Ecological Security):

Environmental Stability: Prioritized environmental stability, biodiversity conservation, and soil and water security.

Afforestation and Social Forestry: Advocated for large-scale afforestation and social forestry programs.

Draft National Forest Policy, 2018 (Contemporary Challenges):

Modern Issues: Proposed revisions to address contemporary issues such as climate change and human-wildlife conflict.

Climate Change Mitigation: Focused on mitigating climate change effects and promoting public-private partnerships for forest restoration.

Conclusion:

India's participation at UNFF19 highlighted its achievements in forest conservation and sustainable management. India proposed a comprehensive national forest policy that incorporates technological solutions and advocated for international collaboration through a knowledge-sharing platform.

While the High-Level Declaration is still being discussed, UNFF19 underscored important strides towards meeting global forest goals.