Q. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures.

Model Answer: 

Human Rights Commissions in India: Limitations and Remedial Measures

Human Rights Commissions in India, established under the Protection of Human Rights Act, 1993, have played a crucial role in safeguarding citizens’ rights. However, their effectiveness in challenging powerful entities has been limited due to structural and practical constraints.

Contributions:
• Investigating human rights violations (e.g., custodial deaths, police brutality)
• Raising awareness through education and outreach programs
• Recommending policy changes and legislative reforms
• Providing a platform for marginalized groups to seek justice

Limitations in asserting against the powerful:

• Inability to effectively challenge government decisions (e.g., AFSPA in conflict zones)
• Limited success in holding influential private entities accountable (e.g., corporate environmental violations)
• Struggles in addressing systemic issues like caste discrimination

Structural limitations:
• Lack of binding powers; recommendations are often ignored
• Appointment process susceptible to political influence
• Inadequate diversity in commission composition
• Limited jurisdiction over armed forces

Practical limitations:
• Understaffing and resource constraints
• Huge backlog of cases leading to delays
• Limited public awareness about the commission’s role
• Inadequate follow-up mechanisms for implemented recommendations

Remedial measures:

1. Strengthening legal framework:
• Grant binding powers to commission recommendations
• Expand jurisdiction to include private sector and armed forces
• Establish transparent appointment processes

2. Enhancing operational capacity:
• Increase budgetary allocations and staffing
• Implement modern case management systems
• Establish regional offices for better accessibility

3. Improving accountability:
• Mandatory periodic reviews of commission performance
• Regular public reporting on the status of recommendations
• Strengthen collaboration with civil society organizations

4. Boosting public engagement:
• Launch comprehensive awareness campaigns
• Simplify complaint filing procedures
• Encourage academic research on human rights issues

Conclusion: Empowering Human Rights Commissions through structural reforms and practical enhancements is crucial for ensuring effective rights protection in India.