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Independent People’s Tribunal on the functioning of the National Human Rights Commission

As an independent body with the mandate to monitor and encourage India's compliance with human rights norms, the National Human Rights Commission is in a unique position to safeguard the guaranteed protections offered to all people under international and national law. Indeed, under its enabling legislation, the NHRC has the responsibility to promote, "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". However, despite laudable goals, it is not clear that the NHRC has been effective in meeting its mandate.

As reported by civil society organisations, in most of the cases, the commission does not inform the petitioners about the outcome of its investigations into the respective complaints. Even the petitioners are not notified on whether their cases have been dismissed. There are serious flaws in the complaint handling mechanism, information dissemination and so on and these issues have been highlighted by AiNNI and other civil society groups.

Aware of the potential of the National Human Rights Commission in promoting and protecting human rights, several human rights organisations and civil society movements held a day meeting in Mumbai and came to a consensual decision to hold an Independent People's Tribunal on the functioning of the National Human Rights Commission on 14th, 15th and 16th of December 2013 at New Delhi, It was decided that a sample of complaints that were filed at the NHRC and also the suo-motu cases taken up by the NHRC along with some experts' testimonies to be deposed before a jury panel of retired judges and eminent civil society members.

The IPT will focus on the manner in which the NHRC has dealt with any allegation of a human rights violation by state actors. The objective of the IPT is to assess the NHRC's effectiveness in monitoring and protecting human rights in India, and to identify both strengths and weaknesses in the NHRC's approach to its work. We hope to take a deep and thoughtful look at the particular challenges faced by the NHRC, so we may provide recommendations and thereby help create a more accountable, streamlined and transparent institution, capable of handling issues and complaints of gross violation of rights that are placed on it. After the IPT, we shall take the recommendations made by the jury panel and incorporate them into our lobbying, advocacy and litigation efforts towards a stronger and more effective National Human Rights Commission.

The jury panel will hear cases on issues such as dalits, tribals, women, children, extrajudicial killings, custodial torture, environment, human rights defenders, housing and eviction, disability, health etc. vis-à-vis the response of the NHRC. The IPT would be a space for discussion on all these issues with specific focus on the NHRC's role in dealing with these issues and safeguarding the rights of the people. Because this is a people's tribunal, most of the speakers will be individuals who are either victims or the family members of victims of human rights abuses. They will be sharing their experiences of bringing their cases before the commission. To help provide context for their experiences, an expert will first provide the audience and jury panel with a more comprehensive understanding of the successes and failures of the NHRC with respect to the particular human rights violation at issue.

The IPT offers an avenue to constructively engage in enhancing the protection of human rights by strengthening the work of the NHRC. Similar efforts have been made in 18 states whereby the State Human Rights Commissions were evaluated and based on the findings, two volumes of social audit reports were published. State High Courts and the Supreme Court have been moved with regard to the strengthening of the N/SHRC's and functioning.

After the IPT, the jury members will make their observations and recommendations with regard to the functioning of the NHRC. You are cordially invited to join us for the proceedings. For Further details please contact on 8860110520, 9818569021, 9811681419.

The members of the Independent People's Tribunal (IPT) Secretariat include Harsh Dobhal and Mathew Jacob (Human Rights Law Network), Henri Tiphagne (All India Network of NGOs and Individuals working with National Human Rights Institutions), Babloo Loitongbam (Human Rights Alert), Himanshu Kumar (Vanvasi Chetna Ashram), Rohit Prajapati (Paryavaran Suraksha Samiti), Mathews Philip (South India Cell for Human Rights Education and Monitoring), Kirity Roy (Banglar Manabadhikar Suraksha Mancha), Lenin Raghuvanshi ( People's Vigilance Committee on Human Rights ), Ossie Fernandes (Human Rights Advocacy and Research Foundation) and Asian NGO Network on National Human Rights Institutions (ANNI). The IPT on the functioning of the National Human Rights Commission (NHRC) will be held on December 14,15 & 16, 2013 in New Delhi. For more details please write to us on iptsecretariat.nhrc@gmail.com, hrc@hrln.org or call us at +91-11-24374501.

Please click here to get the IPT Schedule.

Please click here to get the list of IPT Jury.