Manusmriti and NHRC’s status
The NHRC’s failure to secure ‘A’ category accreditation during its recent review in May this year has raised significant concerns.
About NHRC
- Establishment and Mandate: The National Human Rights Commission (NHRC) of India was established under the Protection of Human Rights Act, 1993, aimed at safeguarding human rights as enshrined in the Constitution and international agreements.
- Accreditation History: Initially accredited with ‘A’ status by GANHRI in 1999, NHRC maintained this status in subsequent reviews in 2006 and 2011.
- Accreditation Process: GANHRI’s Sub-committee for Accreditation (SCA) conducts thorough peer-reviewed assessments, aligning with the Universal Declaration of Human Rights and the ‘Paris Principles’.
- Impact of ‘A’ Status: ‘A’ status enables NHRC to participate fully in UN activities, including representation in the UN Human Rights Council and the General Assembly, and allows its Chairperson to attend relevant meetings.
Significance of NHRC’s ‘A’ Status for India
- International Representation: Ensures India’s active participation and voting rights in key UN bodies, enhancing its global human rights advocacy.
- Limitations Without ‘A’ Status: Without ‘A’ status, NHRC cannot represent India in the UNHRC, vote on resolutions, or hold governance positions, impacting its international influence.
Potential Unstated Reasons
- Judicial Independence Concerns: Justice Arun Kumar Mishra’s praise for the Prime Minister as a “visionary” and “genius” during a judicial conference in February 2020, while he was still a Supreme Court judge, could have raised questions about the NHRC’s autonomy and independence under his leadership. His subsequent appointment as NHRC Chairperson in June 2021, shortly after retiring, might suggest a close alignment with government views, potentially affecting the commission’s perceived independence in investigating human rights violations.
- Influence of Religious Leanings: The NHRC’s reference to the Manusmriti in its communications, including the Azadi ka Amrit Mahotsav brochure of September 2023, has sparked suspicion regarding the commission’s impartiality. Quoting the Manusmriti, a text known for hierarchical social classifications and discriminatory practices based on caste and gender, could imply a tilt towards religious and social norms that contradict modern principles of justice, liberty, and equality enshrined in India’s Constitution. Such references might be viewed critically by international bodies like GANHRI, potentially impacting NHRC’s accreditation status.
Potential Impact
- Failure to maintain ‘A’ status accreditation for the NHRC could undermine India’s credibility in international human rights forums, potentially weakening its longstanding pursuit of a permanent seat on the UN Security Council (UNSC).
Recommendations for Improvement
- To regain international credibility and restore ‘A’ status, the NHRC should heed recommendations from GANHRI-SCA and address observations from the Office of the UN High Commissioner for Human Rights (OHCHR). This includes enhancing transparency, accountability, and ensuring non-partisanship in its operations.
Conclusion
Upholding the NHRC’s integrity as an independent and effective human rights body is crucial for India’s national and international reputation. The NHRC Chairperson bears the responsibility to steer the commission towards achieving and maintaining ‘A’ status through adherence to international standards and principles of human rights.
Practice Question Q. Discuss the significance of the ‘A’ category accreditation status for the National Human Rights Commission (NHRC) of India. How does this status enhance India’s role in international human rights advocacy? What are the implications of NHRC losing this accreditation? |