Role of National Human Rights Commission (NHRC) in Protecting Marginalized Groups in India

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Role of National Human Rights Commission (NHRC) in Protecting Marginalized Groups in India

Role of National Human Rights Commission (NHRC) in Protecting Marginalized Groups in India

The National Human Rights Commission (NHRC) was established under the Protection of Human Rights Act, 1993, in conformity with the Paris Principles (1991), to protect and promote human rights in India. It plays a crucial role in safeguarding the rights of marginalized and vulnerable sections, yet its effectiveness is frequently questioned.

The National Human Rights Commission (NHRC) acts as the “voice of the most marginalized and vulnerable sections of society,” fulfilling its statutory mandate to protect rights relating to life, liberty, equality, and dignity. Operating in compliance with the international Paris Principles, the Commission employs diverse mechanisms—ranging from suo motu inquiries and camp sittings to policy advisories and core group deliberations—to safeguard specific marginalized populations

Role of NHRC in Protecting Marginalized Groups

Investigation and Redressal
- NHRC investigates complaints related to custodial deaths, police excesses, fake encounters, bonded labour, and atrocities against SCs, STs, minorities, women, and children.
Suo Motu Interventions
- The NHRC can act on its own based on media reports, civil society inputs, or other sources—even without a formal complaint—to investigate atrocities against marginalized groups (e.g., caste-based violence, tribal displacement, custodial torture).
- Suo motu intervention is particularly important where victims are poor, socially marginalised, in custody, displaced or unable to approach public institutions.
- Such interventions address custodial deaths, caste violence, tribal displacement, sewer deaths, trafficking, institutional abuse and police inaction.
  - Example(Tuticorin Custodial Deaths, 2020): After the death of P. Jayaraj and J. Benicks in Tamil Nadu police custody, the NHRC took suo motu cognizance.
Recommendation of relief
- Where a violation is established, the NHRC can recommend compensation or immediate interim relief for victims and their families.
  - The NHRC recommended ₹7 lakh for the family of Dhaneswar Behera, who allegedly died in Forest Department custody in Odisha’s Athagarh division.
  - After four sanitation workers died while cleaning a cesspool in Bahadurgarh, Jhajjar, the NHRC recommended that the Haryana Government ensure compensation of ₹10 lakh for each victim’s family.
Action against officials
- The Commission can recommend disciplinary proceedings or prosecution against public servants responsible for a violation or negligent in preventing it.
Monitoring of Custodial and Care Institutions
- Inspection of institutions: The NHRC visits prisons, police lock-ups, juvenile homes, mental-health institutions, shelter homes and other state-controlled institutions where vulnerable persons are housed.
- It recommends reforms relating to overcrowding, sanitation, healthcare, food, legal assistance, safety and protection from abuse.
Advisory and Policy Role
- Review of Legal and Administrative Safeguards
  - The NHRC examines whether constitutional safeguards, laws and administrative arrangements adequately protect marginalised communities.
  - It recommends changes in laws, policies and official practices to address recurring violations and gaps in implementation.
- Recommendations for governance reform
  - The NHRC has been advocating for necessary policy reforms, people-centric governance and implementation and regular monitoring on the ground to ensure fairness, transparency and accountability in law enforcement, investigations and welfare schemes/ programmes.
    - The Commission organized a “Policy Dialogue on Disability Inclusion for CIVIL-20 (C20)” in 2023 to address financial inclusion and the creation of barrier-free environments, specifically focusing on the needs of women with disabilities
- Thematic advisories
  - It issues advisories to governments on matters such as bonded labour, transgender welfare, mental health, manual scavenging, prison conditions, trafficking and protection of vulnerable communities.
  - The NHRC has issued thematic advisories addressing rights of vulnerable and marginalized groups, including Child Sexual Abuse Material (CSAM), widows, people involved in begging, informal workers, transgender persons, prisoners, truck drivers, and issues such as right to food, health and mental health, environmental pollution, dignity of the dead, suicide prevention in prisons, and prevention of ocular trauma.
  - Transgender Welfare Advisory 2.0
    - In 2026, the NHRC issued Advisory 2.0 to 11 Union ministries, the Registrar General and Census Commissioner, and all States and Union Territories.
Institutionalised Expert Engagement
- Thematic Core Groups
  - The NHRC constitutes Core Groups comprising experts, civil-society organisations and senior government officials
  - The groups provide critical policy advice, review legal gaps, and address execution challenges across specific themes
    - Its Core Group on Women also examined the problem of missing women and girls in India.
Awareness and Advocacy
- NHRC conducts human rights education, training programs, and awareness campaigns like “Know Your Rights,” empowering vulnerable communities.
- Rights awareness enables marginalised people to recognise violations, lodge complaints and demand accountability from public authorities.
- The Commission sensitises police personnel, prison officials, administrators and other public servants to the rights of victims, accused persons and socially vulnerable communities.
Promotion of Human Rights Research and Evidence-Based Policy
- The NHRC actively promotes research on diverse human rights issues to inform policy and governance.
- NHRC has conducted research studies covering critical areas such as bonded labour, Panchayati Raj Institutions, rights of SC/ST communities, human rights in rural local self-governance, functioning of Ashram Schools in tribal and inter-state border regions of Central India, and rights of domestic workers, strengthening evidence-based human rights advocacy and reform.

The NHRC acts as a bridge between marginalised communities and the State by making violations visible, securing relief and pressing authorities to reform discriminatory practices. Its effectiveness, however, depends on prompt investigations, stronger follow-up of recommendations and easy grassroots access for the most vulnerable.

Sample Mains Question

Discuss the role of the National Human Rights Commission (NHRC) in protecting the rights of marginalised and vulnerable sections of society. [10 Marks, 150 Words]
Examine the various mechanisms through which the National Human Rights Commission safeguards the rights and dignity of marginalised communities in India. [10 Marks, 150 Words]

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