UPSC Mains 2014 GS Paper 2 Q9: model answer
National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately supported by other mechanisms that ensure the accountability of a government. In light of the above observation, assess the role of NHRC as an effective complement to the judiciary and other institutions in promoting and protecting human rights standards.
What the question wants
Assess how far the NHRC supports the courts and other bodies in protecting human rights, given that it depends on wider accountability mechanisms.
How to structure it
Assess the role ... effective complement: role, then limits, then what it depends on.
- Mandate
- Where it complements courts
- Where it is weak
- Mechanisms it needs
- Way forward
How to think it through
The NHRC is not a court, and that is both its weakness and its use. It can visit a jail tomorrow; a court takes years. But its recommendations bite only if police, prisons and ministries answer to someone. Think of it as an alarm system: useless without a fire brigade.
Model answer
The Protection of Human Rights Act, 1993 created the NHRC after international criticism over Punjab and Kashmir. It now receives roughly a lakh complaints a year, most against police.
How it complements the judiciary
- Speed and access: complaints by letter or online, no court fee, no lawyer.
- Suo motu action on news reports, for example custodial deaths and manual scavenging deaths.
- Investigation: its own investigation wing and the power to summon under civil-court powers.
- Systemic work: guidelines on custodial deaths (report within 24 hours), encounter killings and bonded labour, and visits to jails.
- Support to courts: the Supreme Court has used it for fact-finding, as in the Punjab mass cremations case.
Where it falls short
- Recommendations are advisory; governments often ignore or delay compensation orders, and the Commission must then go to court itself.
- It cannot examine complaints older than one year and has limited power over the armed forces.
- Leadership is drawn mainly from retired judges and officials.
Mechanisms it relies on
Police complaints authorities (Prakash Singh, 2006), independent prosecution, RTI, a free press and active State commissions.
Way forward
Binding compensation orders, its own cadre of investigators instead of officers on deputation from the police, timely appointments and a duty on governments to explain non-compliance in Parliament.
The NHRC is most effective as a first responder that keeps courts informed; with the support of accountable police and prompt government compliance, it can be a real complement.
Draw: A ladder: complaint → NHRC inquiry → recommendation → government compliance → court, with a broken rung at 'compliance'.
Keywords, cases and data to drop in
PHRA 1993 and 2019 amendment, Section 12 functions, Section 18 recommendations, Section 36(2) one-year bar, Section 19 armed forces, custodial death guidelines, Prakash Singh 2006, Paris Principles.
Where most answers lose marks
- Calling the NHRC a constitutional body. It is statutory.
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Question text as printed in the official UPSC Civil Services (Main) question paper. The model answer is original Battle IAS work; use it to learn structure, not to memorise.
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