Analysis of NHRC’s working

♤ Functions and Powers: For implementation of recommendations, it depends on state and in case of non-implementation; it does not have power to take coercive measures against person or authorities.

♤ Acts as Civil Court: In case of summoning witnesses or documents, NHRC can act as civil court. But it lacks the power to implement orders that the civil courts has. It cannot penalise authorities who do not implement its recommendations in a time bound manner.

♤ Availability of Resources: Due to limited availability of human, financial and material resources, it faces difficulties in performing its role effectively and efficiently. To investigate the cases, it depends on staff recruited by the state. But

the state’s ignorance to request to recruit is leading to long delays and inability to follow up on steps undertaken.

♤ Limited Specialisation: Staff mainly consists of operational and administrative members while specialists who can deliver on its mandate are limited. There is serious lack of competencies in jurisprudence, investigation, data collection, documentation, communication and capacity development.

♤ Conflict of interest: While it has to investigate the offences of state officials, its dependence upon state for funds and functionaries. Hence, its independence and impartiality is compromised.

♤ Applicability of Act: NHRC Act gives it power to investigate cases of human right violations in India but excludes J&K. Similarly, NHRC powers with respect to armed forces are limited. Also the act does not categorically empower NHRC to investigate matters of human rights violation by private parties.