Daily Current Affairs Analysis

14 May 2024

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UN-linked body defers accreditation of NHRC-India for second year in a row

Related Topic (as per UPSC Syllabus)

The headline "UN-linked body defers accreditation of NHRC-India for second year in a row" indicates that a body associated with the United Nations has postponed the approval of the National Human Rights Commission of India’s accreditation for the second consecutive year. This deferral could impact India’s role and influence within certain United Nations frameworks, such as the Human Rights Council.

Relevance to the UPSC Syllabus

Topic: This news article is relevant to several areas of the UPSC syllabus:

• Prelims: Current events of national and international importance.
• Mains:

·       General Studies Paper II: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.

·       Subtopics:

·       Governance, transparency, and accountability.

·       Role of civil services in a democracy.

·       Important aspects of governance, transparency, and accountability, e-governance- applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures.

Interview: Knowledge of human rights issues and India's role in international organizations, demonstrating awareness of governance and ethical issues in international relations.

News Analysis

Overview of the Accreditation Deferral

·      The Global Alliance of National Human Rights Institutions (GANHRI), based in Geneva, has deferred the accreditation of the National Human Rights Commission of India (NHRC) for the second consecutive year.

·      This decision, taken on May 1, during the Subcommittee on Accreditation (SCA) meeting, involves representatives from New Zealand, South Africa, Honduras, and Greece.

·      The deferral could impair India's voting capabilities at the Human Rights Council and some UN General Assembly bodies.

Transparency and Appointment Concerns

·      The main concerns leading to the deferral relate to transparency in NHRC's member appointments, particularly the inclusion of police officers in human rights investigations and inadequate gender and minority representation within the NHRC.

·      These issues were highlighted in the SCA's previous reports, although the latest report has yet to be released.

Response from NHRC Officials

·      NHRC officials have indicated that the recommended structural changes and suggestions from GANHRI were challenging to implement during India's general election period.

·      They anticipate that the accreditation issue will be revisited in future meetings scheduled for September or May of the following year.

Historical Context of NHRC's Accreditation

·      The NHRC, established under the Protection of Human Rights Act of 1993, has maintained an 'A' status since the onset of the accreditation process in 1999, with re-accreditations in 2006, 2011, and a restoration in 2017 following a previous deferral in 2016.

·      This marks the first instance of a consecutive two-year suspension.

Civil Society Influence and SCA Submission

·      The deferral was influenced by submissions from civil society organizations and human rights activists, who expressed concerns over India's human rights record.

·      According to the SCA's six-point submission from March 2023, the NHRC has struggled to function independently of government interference.

Issues of Pluralism and Representation

·      The GANHRI criticized the NHRC for lacking pluralism, noting that its composition does not adequately reflect societal diversity.

·      The NHRC currently includes only one woman in its top body and lacks representation from India's largest minority religions, although it includes an ex-officio member from the National Commission for Minorities and a member from the Jain minority.

Future Developments and Leadership Changes

·      With the tenure of the current chairperson, Justice (Retd.) Arun Mishra, and member Rajeev Jain ending soon, there is anticipation regarding how the new government, expected to be formed in early June post-election, will address these vacancies and respond to the accreditation challenges.

Probable Mains Question

Discuss the implications of the deferral of NHRC-India's accreditation by the GANHRI on India's international human rights commitments and its internal governance. (20 words)

Model Answer ( Hints):

1.    Introduction: The Global Alliance of National Human Rights Institutions (GANHRI) has deferred the accreditation of the National Human Rights Commission of India (NHRC) for the second consecutive year. This decision highlights significant concerns regarding the autonomy and effectiveness of NHRC in adhering to the Paris Principles, which are the fundamental standards for national human rights institutions worldwide.

2.    Demand of the Question: The deferral brings to light several critical issues affecting NHRC, including the lack of transparency in appointments, inadequate representation of gender and minorities, and the influence of governmental policies on its functioning. This situation raises questions about India's commitment to upholding international human rights standards and the effectiveness of its institutions in safeguarding human rights within the country. The impact of such a deferral extends beyond mere international embarrassment and touches upon the core of India's governance and its adherence to democratic values.

3.    Way Forward: To address these challenges, there is an urgent need for structural reforms within the NHRC to ensure greater independence from governmental interference. Enhancing transparency in the appointment process, ensuring the representation of diverse groups in its composition, and strengthening the commission's powers to investigate and address human rights violations are imperative steps. Additionally, fostering a robust dialogue between the government, civil society, and international bodies can help align NHRC's functions with global standards, thereby restoring its credibility and accreditation status.

MCQs for Prelims Practice