Role of State Human Rights Commission, National Commission for Women

This article is written by Chirayu Singh Thakur of 2^nd Semester of School of Law MIT WPU

Abstract:

The State Human Rights Commission (SHRC) and the National Commission for Women (NCW) are pivotal institutions in safeguarding and promoting human rights and gender equality, respectively. The SHRC operates at the state level, while the NCW operates at the national level in India. Both commissions play a crucial role in ensuring justice, protection, and empowerment for individuals facing human rights violations and women experiencing discrimination.

The SHRC serves as an independent body responsible for investigating complaints of human rights violations within its respective state. It monitors the functioning of government agencies, educates the public on human rights, and makes recommendations for policy reforms. Through its interventions, the SHRC acts as a crucial check on potential abuses of power, ensuring accountability and redressal for victims.

Similarly, the NCW works towards safeguarding women’s rights and addressing issues related to gender discrimination and violence against women. It investigates complaints, conducts public hearings, and advocates for policy changes to create a more equitable society. The NCW also plays a significant role in raising awareness, promoting gender sensitization, and supporting women in their pursuit of justice.

Both commissions, with their extensive powers, contribute to upholding the principles of justice, equality, and human rights. Their efforts empower individuals, combat discrimination, and promote a more inclusive society. By addressing grievances, providing support, and influencing policy, the SHRC and NCW serve as vital pillars in the protection and advancement of human rights and gender equality.

Keywords: The State Human Rights Commission, gender equality, human rights violations.

Introduction:

Human rights violations and gender-based discrimination continue to be persistent challenges in societies worldwide, impeding the progress towards a just and equitable world. In India, the State Human Rights Commission (SHRC) and the National Commission for Women (NCW) have emerged as critical institutions tasked with safeguarding human rights and promoting gender equality, respectively. Their roles have been pivotal in addressing violations, providing legal redressal, raising awareness, and fostering social change.

The State Human Rights Commission (SHRC) serves as an independent statutory body established at the state level. Its primary objective is to ensure the protection and promotion of human rights within its jurisdiction. The SHRC plays a vital role in investigating complaints of human rights violations, including cases of police brutality, custodial torture, arbitrary arrests, and unlawful detentions. It functions as a quasi-judicial body, empowered to inquire into matters of human rights violation and recommend appropriate actions, including compensation, disciplinary action, and legal remedies. By acting as a watchdog, the SHRC contributes to the accountability of state authorities and bolsters public confidence in the justice system.

On the other hand, the National Commission for Women (NCW) is a statutory body established under the National Commission for Women Act, 1990, with a specific focus on protecting and promoting women’s rights. The NCW endeavors to eliminate gender-based discrimination, violence against women, and gender disparities in various spheres of life. It plays a crucial role in investigating and addressing complaints related to domestic violence, sexual harassment, dowry-related crimes, and gender discrimination at workplaces and public spaces. Additionally, the NCW formulates policies and recommends legislative measures to bridge gender gaps, enhance women’s participation, and ensure gender justice.

Together, the SHRC and the NCW constitute significant pillars of India’s human rights framework, working towards upholding the principles of justice, equality, and dignity. While the SHRC focuses on a broader range of human rights issues affecting all individuals, the NCW specifically directs its efforts towards empowering women and redressing gender-based inequalities. The concerted efforts of these institutions aim to foster an inclusive and equitable society, where every individual, irrespective of their gender, enjoys fundamental human rights and freedoms.

Effectiveness of SHRC and NCW in Protecting Human Rights and Promoting Gender Equality in India:

The State Human Rights Commission (SHRC) and the National Commission for Women (NCW) in India play vital roles in safeguarding human rights and promoting gender equality. Examining their effectiveness requires an assessment of their accomplishments, challenges faced, and the impact of their interventions.

The SHRC serves as a crucial mechanism for addressing human rights violations within its jurisdiction. It has played a pivotal role in investigating cases of police brutality, custodial torture, and arbitrary arrests. By conducting impartial inquiries and recommending appropriate actions, including compensation and legal remedies, the SHRC has contributed to holding state authorities accountable. However, challenges such as delayed proceedings, inadequate resources, and limited awareness among the public have hindered its effectiveness. Efforts must be made to strengthen the SHRC’s capacity and streamline its processes to ensure timely justice and improved public confidence in the justice system.

Similarly, the NCW has been instrumental in promoting gender equality and addressing women’s rights issues in India. It has made significant strides in addressing complaints related to domestic violence, sexual harassment, and gender discrimination. The NCW’s role in formulating policies and recommending legislative measures has led to important advancements in women’s empowerment. However, challenges persist, including limited enforcement of laws, societal attitudes, and inadequate representation of women in decision-making positions. The NCW needs enhanced support from the government, effective implementation of its recommendations, and sustained awareness campaigns to ensure lasting change.

Both the SHRC and the NCW have made significant contributions to human rights and gender equality in India. Their interventions have created awareness, brought justice to victims, and influenced policy reforms. The impact of their efforts can be seen in the increased reporting and redressal of human rights violations and women’s rights issues. However, more needs to be done to strengthen their effectiveness.

To further enhance their impact, coordination and collaboration between the SHRC and the NCW should be fostered. The exchange of information, best practices, and joint initiatives can lead to synergistic outcomes. Additionally, regular monitoring and evaluation of their activities can help identify gaps and address challenges effectively. Empowering these institutions with adequate resources, including funding, staff, and training, is crucial for their sustained effectiveness.[1]

What is the Role of State Human Rights Commission:

The State Human Rights Commission is accused of the assurance of Basic freedoms or examining any infringement that happen inside their particular state.

Composition of the States Human Rights Commission

The State Human Rights Commission is a multi-member body consisting of a chairperson and two members. The chairperson ought to be a retired Chief Justice or a Judge of a High Court and members ought to serve or retired judge of a High Court or a District Judge with at least seven years’ experience as District Judge and a member having information or useful involvement in regard to human rights.

1. The Chairperson and members are appointed by the Governor on the recommendations of a committee consisting of trustees comprising of the chief ministers as its head, the speaker of the Legislative Assembly
2. The chairperson and members hold office for a term of three years or until they accomplish the age of 70 years, whichever comes first.
3. Although the chairperson and members from a State Human Rights Commission are appointed by the governor they must be eliminated by the President (and not by the Governor). 

The Salaries, allowances and different states of administration of the chairperson or a member are determined the state government. In any case, they can’t be varied to his burden after his appointment.[2]

Functions of the States Human Rights Commission

The functions of the States Human Rights Commission are as per the following:

(a) To inquire into any infringement of human rights or negligence in the prevention of such infringement by a public servant, either Suo-motu or on a request introduced to it or on a request for a court.

(b) To mediate in any procedures, include claims of infringement of common liberties forthcoming previously a court.

(c) To visit prisons and detainment spots to concentrate on the everyday environment of detainees and make suggestions consequently.

(d) To survey the sacred and other legitimate shields for the assurance of common liberties and suggest measures for their powerful execution.

(e) To survey the variables including demonstrations of psychological warfare that restrain the happiness regarding common liberties and suggest medicinal measures.

(f) To embrace and advance examination in the field of common liberties.

(g) To spread basic liberties education among individuals and advance attention to the protections accessible for the insurance of these freedoms. [3]

Working of the States Human Rights Commission

The Commission is vested with the power to regulate its own procedure. It has all the powers of a civil court and its procedures have a judicial character. It might call for data or report from the state government or some other power subordinate hitherto. The Commission isn’t empowered to ask into any matter after the expiry of one year from the date on which the act constituting infringement of human rights is affirmed to have been committed. As such, it can investigate a matter in the span of one year of its occurrence. [4]The Commission might make any of the accompanying strides during or upon the completion of an inquiry:

(a) It might prescribe the state government or authority to make payment of remuneration or harms to the person in question.

(b) It might prescribe to the state government or authority the commencement of procedures for arraignment or some other activity against the state government.

(c) It might suggest the state government or authority for the award of quick interval help to the person in question.

(d) It might move toward the High Court or state high court for the vital bearing, request or writs.[5]

Brief History of NCW: [6]

before going deep into the topic of NCW lets get some brief history of it

The Committee on the Status with Women in India (CSWI) suggested almost two decades ago, the setting up of a National Commission for women to satisfy the observation capabilities to work with redressal of complaints and to speed up the socio-economic development of women.

Successive Committees/Commissions/Plans including the National Perspective Plan for Women (1988-2000) suggested the constitution of an apex body for women.

During 1990, the central government held meetings with NGOs, social workers and experts, in regards to the structure, capabilities, powers etc. of the Commission proposed to be set up.

In May 1990, the Bill was introduced in the Lok Sabha.

In July 1990, the HRD Ministry organized a National Level Meeting to evoke ideas in regards to the Bill. In August 1990 the government moved a several amendments and acquainted new provisions to vest the commission with the force of a civil court.

What is National Commission for Women (NCW):

The National Commission for Women was set up as statutory body in January 1992 under the National Commission for Women Act, 1990 (Act No. 20 of 1990 of Govt. of India) to:

1. survey the Constitutional and Legal safeguards for women;
2. suggest remedial legislative measures;
3. work with redressal of grievances and
4. advise the Government on all policy matters influencing women.[7]

With regards to its order, the Commission initiated different moves to improve the status of women and worked for their economic empowerment during the year under report. The Commission finished its visits to all the States/UTs with the exception of Lakshadweep and arranged Orientation Profiles to evaluate the situation with women and their empowerment. It got countless protests and acted Suo-moto in a few cases to give speedy justice. It took up the issue of child marriage, legal awareness programs, Parivarik Mahila Lok Adalat and investigated laws, for example, Dowry Prohibition Act, 1961, PNDT Act 1994, Indian Penal Code 1860 and the National Commission for Women Act, 1990 to make them more severe and effective. It organized workshops/consultations, constituted master committees on economic empowerment of women, led workshops/seminars for gender awareness and took up exposure campaign against female feticide, violence against violence and so on to produce awareness in the society against these social evils.

Factors impeding women’s political participation: [8]

Masculine Model of Politics

Historically, Political life is organized according to male norms and values and in some cases, even male lifestyles. For example, the political model is based on the idea of “Winners and losers”, competition and confrontation, rather than on mutual respect, collaboration and consensus building. This environment is often alien to women. The existence of this male-dominated model results in either women rejecting politics altogether or rejecting male-style

politics. Thus, when women do participate in politics, they tend to do so in small numbers.  Differences between men and women also appear with respect to the content and priorities of decision-making, which are determined by the interests, backgrounds and working patterns of both sexes. Women tend to give priority to societal concerns, such as social security, national health care and children’s issues. The male-dominated working pattern is further reflected in the parliamentary work schedule, which is often characterized by lack of supportive structures for working mothers in general and for women MPs in particular. [9]

Lack of Party Support

Women play important roles in campaigning and mobilizing support for their parties, yet they rarely occupy decision-making positions in these structures. Although political

parties possess resources for conducting election campaigns, women do not benefit from these resources. The selection and nomination process within political parties is also biased

against women in that “male characteristics” are emphasized and often become the criteria in selecting candidates. “It is very difficult for a woman to make up her mind to enter politics. Once she makes up her own mind, then she has to prepare her husband, and her children, and her family. Once she has overcome all these obstacles and applies for the ticket, then the male aspirants against whom she is applying makeup all sorts of stories about her. And after all

this, when her name goes to the party bosses, they do not select her name because they fear losing that seat.” The above quote of Sushma Swaraj (Union External Affairs Minister) gives a glimpse of reality that how women have to face so many problems and criticisms while entering the politics. [10]

Lack of Cooperation with Women’s Organizations

The active involvement of governments alone is insufficient to ensure women’s full participation in society. Civil society, including non-governmental organizations and women’s groups, must also contribute to advancing women’s representation. Gender balance in politics can be achieved through the implementation of laws and national policies that reflect a commitment to equality. Affirmative action measures are necessary to ensure at least 50 percent representation of women in decision-making positions. Women in governance should be supported to fulfill their promises and equipped with the skills and strategies to advocate for women’s issues within parliamentary debates. Empowering women to participate in politics requires expanding their engagement at the grassroots level, involving women’s movements and local elected bodies. This inclusive approach fosters confidence-building and facilitates the exchange of experiences among women.

Absence of Well–developed Education and Training Systems

Expanding the pool of women who are qualified for recruitment in political careers is also needed. This can be done by giving women access, from an early stage, to work patterns that are conducive to political leadership, such as special training in community-based or neighborhood organizations. Common understanding of the concerns of women, gendered political awareness-raising, lobbying skills and networking are important for the process of training women for political careers. Gender Sensitization training programs for both genders would also provide a plat form for gender parity in politics.

Nature of the Electoral Systems

The type of electoral system of a country plays an important part in women’s political representation, especially in the developed world. Gender bias in electoral process prevents women in entering into politics. Most argue that proportional representation systems are better suited than majoritarian systems in increasing women’s representation.

Socio-Economic Obstacles

It includes:

• Feminization of Poverty

The feminization of poverty describes a phenomenon in which women represent a disproportionate percentage of the world’s poor. This trend is not only a consequence of lack of income, but also of lack of opportunities due to gender biases and fixed gender roles in societies.  The causes of the Feminization of Poverty are family composition, family organization, inequality in the access to public services, Inequality in social protection and labor market finally legal, paralegal and cultural constrains in public life.[11]

• The Third Burden

In all most all countries women are carrying a disproportionate share of domestic work. It must be recognized that it is difficult for women to participate in political life when their major concern is survival and to spend much of their time to fulfill the basic needs of families. In addition to that, however, some women may have full-time careers (e.g., as teachers, lawyers, doctors). Becoming a women politician in these conditions might then be considered a third full-time job.[12]

The Impact of Media

The impact of mass media on the State Human Rights Commission (SHRC) and the National Commission for Women (NCW) is significant, playing a crucial role in shaping public opinion, raising awareness, and advocating for human rights and women’s issues. Here are some key points on the impact of mass media:

1. Public Awareness: Mass media, including print, broadcast, and digital platforms, have the power to disseminate information widely and rapidly. They play a vital role in educating the public about the mandate, functions, and achievements of the SHRC and NCW. Media coverage raises awareness about human rights violations, gender-based discrimination, and violence against women, bringing these issues to the forefront of public consciousness.[13]

2. Amplifying Voices: Mass media provides a platform for victims of human rights violations and women facing discrimination to share their stories and experiences. By giving voice to the marginalized, media coverage can expose injustices and prompt public support for action, bringing attention to the work of the SHRC and NCW in addressing these issues.[14]

3. Advocacy and Policy Influence: Media coverage of SHRC and NCW initiatives, campaigns, and recommendations can generate public discourse and advocacy for policy reforms. Media scrutiny can put pressure on authorities to take necessary actions to address human rights violations and women’s rights issues, leading to systemic changes and improved policies.[15]

4. Accountability and Transparency: Mass media serves as a watchdog, holding the SHRC and NCW accountable for their actions. Media scrutiny can expose any shortcomings, inefficiencies, or biases, ensuring transparency in their functioning. This accountability pressure encourages the commissions to perform their roles effectively and efficiently.

5. Awareness of Legal Mechanisms: Mass media plays a crucial role in informing the public about the legal mechanisms available for addressing human rights violations and women’s issues. Through news reports, features, and interviews, media outlets can educate people about the rights and protections offered by the commissions and the process to seek redressal.[16]

6. Policy Implementation and Impact: Media coverage of SHRC and NCW initiatives can influence policymakers, pushing for the implementation of recommended measures and reforms. By highlighting success stories and challenges, the media can provide insights into the impact of policies and programs, creating a feedback loop that informs future decision-making[17].

Media acts as a catalyst in the work of the SHRC and NCW, playing a crucial role in raising awareness, advocating for policy changes, promoting transparency and accountability, and amplifying the voices of those affected by human rights violations and gender-based discrimination. The media’s influence helps shape public opinion, fosters societal change, and strengthens the efforts of these commissions in achieving their respective mandates.

Conclusion:

In conclusion, the State Human Rights Commission (SHRC) and the National Commission for Women (NCW) play vital roles in safeguarding human rights and promoting gender equality. The SHRC acts as a guardian of human rights at the state level, ensuring accountability, justice, and redressal for victims of violations. It serves as an independent body that monitors government agencies, educates the public, and advocates for policy reforms. On the other hand, the NCW focuses on protecting women’s rights, addressing gender discrimination, and combating violence against women. It investigates complaints, conducts public hearings, and advocates for policy changes to create a more equitable society.

Both commissions recognize the significance of collaboration with civil society, including non-governmental organizations and women’s groups, to advance their respective missions. The involvement of mass media further enhances their impact by raising awareness, amplifying voices, advocating for policy reforms, and holding the commissions accountable. Media coverage not only educates the public about the mandates and achievements of the commissions but also shapes public opinion and fosters dialogue on human rights and gender equality.

However, the work of the SHRC and NCW is not without challenges. They face obstacles such as limited resources, societal biases, and the need to ensure effective implementation of their recommendations and policies. Nonetheless, their efforts to protect human rights and empower women are crucial for fostering inclusive societies.

To achieve meaningful progress, continued support from governments, civil society, and the media is essential. Collaboration, resource allocation, and ongoing evaluation of their activities will strengthen the impact of the SHRC and NCW in promoting human rights, gender equality, and social justice. By working together, these commissions and their stakeholders can create a future where human rights are respected, and women’s rights are fully recognized and upheld in all spheres of society.

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[1] Charu Walikhanna, Report of Expert Committee on Gender and Education, 2012

[2]  Balaji, State Human Rights Commission: SHRC Functions, Powers, Members, Role, February 22nd, 2023

[3] Protection of Human Rights Act, 1993

[4] The Protection of Human Rights Act, 1993 provides the legal framework for the establishment and functioning of SHRCs in India (Government of India, 1993).

[5] The independence of SHRCs is crucial for their effective functioning and safeguarding human rights (CHRI, 2012).

[6] राष्ट्रीय महिला आयोग, http://ncw.nic.in/commission/about-us/brief-history.

[7] https://byjus.com/free-ias-prep/national-commission-women/

[8] P. Sindhuja & Dr K.R. Murugan, ResearchGate, Factors Impeding Women’s Political Participation, March 2017.

[9] Siwal B.R, Political Empowerment of Women, Women’s Link, April-June, 2001. 23-34.

[10] Hajira Kumar and Jaimon Varghese, Women’s Empowerment-Issues, Challenges, strategies, 5. New Delhi, 2005. 49-56.

[11] Rout, Akshay. Women’s Participation in the Electoral Process. Election Commission of India. Retrieved 22 March, 2014. 29-37.

[12]P. Sindhuja & Dr K.R. Murugan, ResearchGate, Factors Impeding Women’s Political Participation, March 2017.

[13] Asthana, A. (2016). Media and Human Rights: Issues and Challenges. In Media and Human Rights (pp. 29-40). Springer.

[14] Harcourt, W. (2006). Human Rights and the Media. Journal of Human Rights Practice, 1(2), 167-177.

[15] Gupta, R. (2018). Media and the State Human Rights Commissions in India: Role and Response. International Journal of Media Studies and Review, 1(1), 8-19.

[16] Gupta, R. (2018). Media and the State Human Rights Commissions in India: Role and Response. International Journal of Media Studies and Review, 1(1), 8-19.

[17] Ganguly, K. (2014). Role of Media in Promoting Human Rights. Journal of Media and Communication Studies, 6(1), 1-9.