National Human Rights Commission Overview
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Questions and Answers

What is a key limitation of the State Human Rights Commission?

  • It has full enforcement powers over human rights cases.
  • It can take immediate legal action against armed forces personnel.
  • It only has jurisdiction over human rights violations in India. (correct)
  • It can investigate any violations by private parties.

    • What action can the State Human Rights Commission take after investigating a case?

  • Recommend actions to the government. (correct)
  • Directly punish the violators of human rights.
  • Initiate criminal prosecutions independently.
  • Enforce laws related to human rights.

    • Which of the following areas does the SHRC have limited jurisdiction over?

  • Cases concerning the armed forces. (correct)
  • Human rights violations in international settings.
  • Violations by private parties.
  • Cases involving public service providers.

    • Which function is NOT associated with the State Human Rights Commission?

    <p>Creating laws for human rights enforcement. (D)</p> Signup and view all the answers

    What timeframe does the SHRC have to act on a case of human rights violation?

    <p>Within one year from the date of occurrence. (C)</p> Signup and view all the answers

    What authority does NHRC have regarding the investigation of human rights violations?

    <p>It can investigate solely based on its own initiatives or after receiving petitions. (D)</p> Signup and view all the answers

    Which of the following is a limitation of the NHRC's recommendations?

    <p>They are not binding on the authorities. (D)</p> Signup and view all the answers

    What type of cases does NHRC not consider for investigation?

    <p>Cases pertaining to service matters. (D)</p> Signup and view all the answers

    What is one of the powers vested in the State Human Rights Commission (SHRC)?

    <p>To demand information from any authority regarding a case. (D)</p> Signup and view all the answers

    How does the NHRC promote awareness about human rights?

    <p>Through various media across different sectors of society. (B)</p> Signup and view all the answers

    What issue does the NHRC face that affects its efficiency?

    <p>Excess cases and insufficient funds. (B)</p> Signup and view all the answers

    How many members of the NHRC are judges?

    <p>Three members are judges. (C)</p> Signup and view all the answers

    What is one reason the NHRC may not take up a case?

    <p>If the case is more than one year old. (A)</p> Signup and view all the answers

    Flashcards

    State Human Rights Commission (SHRC) limitations

    The SHRC in India, while important for human rights, faces restrictions like limited jurisdiction, no enforcement powers, and inability to act against private parties or armed forces violations. It also has a time limit of one year to address cases.

    SHRC Jurisdiction

    The SHRC can only investigate human rights violations within the specific jurisdiction of its state in India.

    Enforcement Powers of SHRC

    The SHRC lacks the power to directly enforce its recommendations to the government, relying on the government to address cases.

    SHRC's action time limit

    The SHRC case resolution timeline is limited; the Commission must take action within a year of the violation or the case is no longer under their purview.

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    Private party human rights violations

    The SHRC cannot directly take action against human right violations by private entities.

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    NHRC's Power to Investigate

    The National Human Rights Commission (NHRC) can investigate human rights violations in India, either on its own (suo moto) or through petitions.

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    NHRC's Judicial Interference

    NHRC can step in and examine judicial processes related to human rights violations.

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    NHRC's Prison Observation

    NHRC can visit prisons and similar facilities to check living conditions and recommend improvements.

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    NHRC's Constitutional Review

    NHRC can review parts of the Indian Constitution that protect human rights and suggest ways to improve them.

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    NHRC's Recommendations

    NHRC's suggestions for addressing human rights issues aren't legally binding.

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    NHRC Jurisdiction Limits

    NHRC can't deal with cases from private individuals or that are too old, anonymous, vague, frivolous, or about government employment.

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    NHRC Funding & Functioning

    NHRC faces issues with insufficient funding and a bureaucratic process, along with high caseloads.

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    NHRC's Role in State Human Rights Commissions

    NHRC can direct the State Human Rights Commissions (SHRCs) and request details and compensation for victims related to human rights violations.

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    Study Notes

    National Human Rights Commission (NHRC)

    • Studies treaties, international instruments on human rights, and recommends effective implementation to the government.
    • Investigates human rights violations in India (suo moto or petitioned).
    • Can intervene in judicial processes involving alleged human rights violations.
    • Visits prisons/institutions to observe inmate conditions and make recommendations.
    • Reviews constitutional provisions safeguarding human rights and suggests restorative measures.
    • Promotes human rights research and awareness through various media.
    • Recommends steps to prevent human rights violations to central and state governments.
    • The President receives an annual report from the NHRC, presented to Parliament.

    Limitations of the NHRC

    • Recommendations are not binding.
    • Cannot consider violations by private parties.
    • Cannot penalize authorities for non-implementation of recommendations.
    • Three members are judges, but other members may not be human rights experts.
    • Excludes cases older than a year, anonymous/vague/frivolous or service-related.
    • Limited jurisdiction over armed forces.
    • Faces issues like excessive complaints, insufficient funds, and bureaucratic procedures.

    State Human Rights Commission (SHRC)

    • Established in 1993, promotes and protects human rights in India.
    • Can demand information from state authorities and seek compensation for victims.
    • Can approach courts for directions or orders.
    • Must act within one year of the incident's occurrence.

    Limitations of the SHRC

    • Limited jurisdiction to human rights violations in India.
    • Relies on the government for implementing recommendations; has no enforcement powers.
    • Cannot act against private violations.
    • Has little jurisdiction over armed forces cases.

    General Observations on both Commissions

    • Both commissions face challenges and lack of enforcement power.
    • Improved investigative and punitive capabilities are needed for effective human rights protection.
    • Increased awareness campaigns are recommended.

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    Description

    Explore the functions and limitations of the National Human Rights Commission (NHRC) in India. This quiz covers its roles in investigating human rights violations, promoting awareness, and its interactions with the government and judiciary. Understand the significance and challenges faced by the NHRC in safeguarding human rights.

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