NATIONAL HUMAN RIGHTS COMMISSION, GOOD GOVERNANCE AND HUMAN RIGHTS
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https://doi.org/10.55662/Abstract
Good governance and Human rights are reinforcing and good governance is instrumental in ensuring an environment for human rights protection. It deals with the institutional processes, legislations, adjudication and service delivery. The NHRC is an administrative authority that acts as a sound system to protect human rights in consonance with good governance and administrative law. Formed under the Protection of Human Rights Act, 1993, the commission is constituted by the government and functions under the hold of the State. Therefore it suffers from several structural and procedural institutional and beaurocratic weaknesses that has rendered it to be a toothless tiger.
This paper talks about the importance of good governance in a democracy and highlights the factors that the NHRC must tackle to create a human right respecting civil society. Given the importance of good governance in a democracy, the paper advocates good governance as a right in itself and not just a means to achieve other human rights. For this purpose, the just, fair and reasonable notion of Maneka Gandhi vs Union of India is discussed in depth. Further the paper discussed good governance in tandem with human rights and how a human rights respecting governance and benefit the civil society. In the conclusion, the paper shall highlight certain suggestions for better functioning of NHRC.
The objective of this paper is to establish a link between good governance and humans rights so that the institutional weaknesses existing in the NHRC in India can be addressed. The paper aims to answer the following research questions with the hypothesis that NHRC has failed in good governance owing to certain limitations in its genesis and administration.
- Whether the NHRC acts as a sound instrument to create an environment where the human rights are protected and respected in a sustainable manner ?
- Whether good governance is a rights in itself in democratic nations or it is just a means to achieve other rights ?
The research is analytical and shall be based on both secondary and primary sources. The research shall encompass provisions of the Protection of Human Rights Act, 1993 and international conventions that protect human rights. The paper shall study different judicial decisions that promote good governance and address the issues of human rights in India. For the purpose of the research the secondary sources shall include books, journals, articles and web sources.
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