NHRC asks states to take steps to prevent cold-related deaths

• The National Human Rights Commission (NHRC) has urged 19 states and four Union Territories  to take pre-emptive steps and implement relief measures to protect the vulnerable segments of the society, who are at risk due to lack of shelter and resources.

• It highlighted the National Crime Records Bureau (NCRB) report titled ‘Accidental Deaths and Suicides in India’ between 2019 and 2023, and noted that 3,639 people reportedly died from exposure to cold waves in the country.

• NHRC acknowledges that changing weather patterns due to climate change affect human rights as it affirmed its commitment to protect vulnerable sections of the population impacted by extreme weather events to ensure their dignity is respected and upheld.

The NHRC has reiterated the National Disaster Management Authority (NDMA) guidelines to mitigate the impacts of cold waves, which include:

a) Establishing treatment protocols.

b) Setting up day and night shelters.

c) Providing medical care and implementing standard treatment procedures for cold-related illnesses.

d) Ensuring consistent monitoring of the relief efforts and adopting a proactive approach to ensure their effectiveness.

National Human Rights Commission (NHRC) 

• The National Human Rights Commission (NHRC) was established on October 12, 1993. 

• The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993, as amended by the Protection of Human Rights (Amendment) Act, 2006.

• It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of December, 20, 1993.

• The NHRC takes cognisance of human rights violations, conducts enquiries and recommends compensation to victims from public authorities besides other remedial and legal measures against the erring public servants.

• The Commission consists of a chairperson, five full-time members and seven deemed members. The statute lays down qualifications for the appointment of the chairperson and members of the commission.

• The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.

• Section 2(1)(d) of the PHRA defines human rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

• The Commission is responsible for spreading human rights awareness amongst the masses and encouraging the efforts of all stakeholders in the field of human rights literacy.

Functions of NHRC:

The Commission has a wide mandate including civil and political rights, economic, social and cultural rights, and group rights.

Section 12 lays down that the Commission shall perform all or any of the following functions, namely:

• Inquiring, suo motu, or on petitions, presented to it by victims, or any persons on their behalf, or on a direction or order of any court, into complaints of violation of human rights or abetment thereof, or negligence in the prevention of such violation, by a public servant.

• Intervening in any proceeding involving any allegation of violation of human rights pending before a court, with the approval of such courts.

• Visiting, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the state government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and making recommendations.

• Reviewing the safeguards provided by, or under, the Constitution, or any law for the time being in force, for the protection of human rights, and recommending measures for their effective implementation. 

• Reviewing the factors, including acts of terrorism, that inhibits the enjoyment of human rights, and recommending appropriate remedial measures.

• Studying treaties and other international instruments on human rights, and making recommendations for their effective implementation.

• Undertaking and promoting research in the field of human rights.

• Spreading human rights literacy amongst various sections of society, and promoting awareness of the safeguards available for the protection of these rights, through publications, the media, seminars and other available means.

• Encouraging the efforts of non-governmental organisations, and institutions working in the field of human rights.

• Undertaking such other functions as may be considered necessary for the promotion of human rights.

What powers have been vested with NHRC relating to inquiries?

The Commission while inquiring into complaints of violations of human rights may call for information or report from the central government or any state government or any other authority or organisation subordinate thereto within such time as may be specified by it.

While inquiring into complaints under the Act, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular the following, namely:

a) Summoning and enforcing the attendance of witnesses and examining them on oath.

b) Discovery and production of any document.

c) Receiving evidence on affidavits.

d) Requisitioning any public record or copy thereof from any court or office.

e) Issuing commissions for the examination of witnesses or documents.

f) Any other matter which may be prescribed.

• The Commission has its own investigating staff headed by a Director General of Police for investigation into complaints of human rights violations.