New Delhi (Shikhar): The backbone of every constitutional democracy is formed by Human Rights. The fundamental rights have been granted under Part-3 of the Indian constitution empowering Supreme Court Under article 32 and High Court Under Article 226. The current status of national human Rights commission and State Human rights commissions is statutory body whose recommendations are largely advisory and frequently ignored by the governments resulting in injustice to the aggrieved whose human right is violated and the purpose remains unresolved.
There are various kinds of human rights violations chief among them are- recurring allegations of custodial torture, encounter deaths, illegal arrests, prison overcrowding, violence against women and children, discrimination against vulnerable communities, delayed investigations, and abuse of authority by public officials especially police are being witnessed in India. Also, arbitrary use of power to bother someone like for example, top-level bureaucrats misusing their powers to quell someone’s rights and harass them amounts to human rights violation and abuse of power. In some cases, police misuse its power to deter anyone in order to extract money out of their pocket which usually happen due to lack of legal awareness in society is also a leading example but this is ethical act on police part.
Now the main problem with the current system is that it is neither comprehensive nor constitutional power has been granted. That is to say there is State Human Rights Commission in every state but no separate District Human Rights Commission in every district as in the case of Consumer Forum where there are 3 channels- District, State and National and Supreme Court being the last court to appeal. Likewise, restructuring the same pyramid would ameliorate both the case disposal rate and reduce the work of High Courts as the final appeal would lie with Supreme Court.
There are global examples where the human rights are constitutionalized with whom the world’s largest democracy India can take a note of. There are- South Africa, Australia, New Zealand, Canada, France etc. In Latin America Mexico has recognized Human Rights institution constitutionally.
With the change in status to constitutional the arbitrary activities of both police and bureaucrats will be checked and controlled as there will be provision of accountability. Currently, the SHRCs and NHRC is a teethless organization implying it cannot enforce action against human rights violation and it is taken very lightly.
Lastly, for a healthy democracy there must be a check balance between the citizens and the state. There are instances where the state uses excessive power against citizens to quell their fundamental rights even when the peaceful protest as guaranteed under Article 19(1)(b) is being used, it amounts to sheer violation of human rights. Currently for this no effective remedy is available as there is difference of statutory body and constitutional body with regards to Human Rights Commission. As per the provision of Article 368 of Constitution there is a procedure for amendment which can be inserted in Article 338-C as District Human Rights Commission, 338-D as State Human Rights Commission and 338-E as National Human Rights Commission to enhance the legal mechanism and ensure accountability in democracy. The difficult question arises as to how it can be amended? As the government may not take heed because it may not tolerate liberty to citizens in order to avoid accountability. It thus becomes the moral duty of every media house, advocates especially, pressure groups and civil society etc. to come forward and make a strong impact by creating this issue in national interest. If the combined efforts are made only then this issue can be resolved in order to make the democracy a healthy one free from unaccountability and arbitrary use of authority and misuse of power.
About the Author:
Mr. Shikhar is an advocate by profession LLM from United Kingdom and holds a Bachelor degree in journalism and mass communication. He mainly writes on social and legal issues. Main area of practice is civil side in high court Lucknow bench with experience of more than 12 years at bar.
Email-shikhar421@gmail.com
