NHRC tells Rajasthan to explain Kota deaths

Syllabus subtopic: Statutory, regulatory and various quasi-judicial bodies

Prelims and Mains focus: About the recent deaths of children in Kota, Rajasthan; NHRC: composition, vision and significance

News: The National Human Rights Commission (NHRC) on Friday issued a notice to the Rajasthan government in connection with the deaths of over 100 children at the government­run J.K. Lon hospital in Kota in December.

• Taking suo motu cognisance of media reports, the Commission issued a notice to the Chief Secretary, asking for a detailed report within four weeks.

Background

According to the reports, as many as 10 children died in just 48 hours between December 23 and 24, 2019 at the hospital.

Suo motu cognisance?

• A Suo motu cognizance is a Latin term which means an action taken by a government agency, court or other central authority on their own apprehension.

• A court takes a Suo Motu Cognizance of a legal matter when it receives information about the violation of rights or breach of duty through media or a third party’s notification.

• In India, Article 32 of the Indian Constitution and Article 226 of the Indian Constitution lay down the provisions for filing Public Interest Litigation (PIL) in India in Supreme Court and High Courts respectively. This has given rise to the court's’ power to initiate legal action on their cognizance of a matter. Suo Motu’s actions by Indian courts are a reflection of activism by the judiciary and captivated the general public with the speedy delivery of justice by the courts. Suo Motu cases in India are generally taken up by the Supreme Court.

About NHRC

• The National Human Rights Commission (NHRC) of India was established on 12 October, 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 20 December, 1993.

• 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.

Composition

The NHRC consists of:

• A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court
• One member who is, or has been, a Judge of the Supreme Court of India
• One member who is, or has been, the Chief Justice of a High Court
• Three Members, out of which at least one shall be a woman to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights
• In addition, the Chairpersons of National Commissions (Scheduled Castes, Scheduled Tribes, Women , Minorities, Backward Classes, Protection of Child Rights) and Chief Commissioner for Persons with Disabilities serve as ex officio members.
• The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be appointed only after the consultation with the Chief Justice of Supreme Court.

Vision & Mission

• The NHRC has been set up by an Act of Parliament under the Protection of Human Rights Act, 1993 for the protection and promotion of human rights. The functions of the Commission as stated in Section 12 of the Act and apart from enquiry into complaints of violation of human rights or negligence in the prevention of such violation by a public servant, the Commission also studies treaties and international instruments on human rights and make recommendations for their effective implementation to the Government.

• The Commission is responsible for spreading of human rights awareness amongst the masses and encouraging the efforts of all stake holders in the field of human rights literacy not only at the national level but at international level too.

• NHRC is a unique institution because it is one of the few National Human Rights Institutes (NHRIs) in the world whose Chairperson is the former Chief Justice of the country. The world looks at NHRC of India as a role model in promoting and monitoring effective implementation of promotion and protection of human rights.

• The NHRC, India plays an active role in coordinating with other NHRIs of the world to enhance awareness from the perspective of human rights. It has also hosted delegations from UN Bodies and other National Human Rights Commissions as well as members of civil society, lawyers and political and social activists from many countries.