The SCA, in receipt of third-party information during its previous sessions, was concerned that the NHRC was not demonstrating adequate efforts to address human rights violations at a systemic level, nor has the institution spoken out on these issues in a manner that promotes and protects all human rights.  

The SCA noted that while the NHRC has reported that it has taken cognizance of cases of human rights violations against human rights defenders and journalists and reconstituted its core working group on civil society, the SCA is concerned the NHRC has not provided adequate information about how they are addressing the shrinking civic space and increased instances of targeting human rights defenders, journalists, and perceived critics. The SCA is also concerned that the NHRC has not publicly communicated its positions on these issues in a way that promotes the credibility of the institution and addresses the systemic nature of these violations.

The SCA recommended that the NHRC should address all violations of human rights and ensure effective follow-up for the clear protection of human rights. The SCA further recommended that the NHRC should ensure that its positions on these issues are made publicly available.

While addressing the SCA previous concerns and recommendations, the NHRC during the SCA 45th session indicated that it addresses cases regarding violence, discrimination, and hate speech against minorities in line with its mandate. The NHRC notes that its actions are publicized through media and via its website. The NHRC also informs that it has taken up cases of human rights violations against human rights defenders, journalists and critics in coordination with the 27 national human rights states commissions. The NHRC further reports that HRDs are considered an integral part of its activities and investigation into suo moto cases has increased. The NHRC further reports that its recommendations are binding, and that there is a formalised Parliamentary process if the State does not implement its recommendations.

The NHRC indicates that while it did not investigate the human rights violations from Manipur due to the establishment of a ‘Commission of Inquiry’ by the Indian Supreme Court, it has been complementing by monitoring the implementation of recommendations, including relief and compensation.
 
Whilst acknowledging the steps taken by the NHRC to address human rights violations and speak up publicly, the SCA notes that these interventions have not been sufficient to address the systemic human rights violations including:
–           protection of human rights defenders, 
–           rights of religious minorities
–           complaints against police officers
–           deaths in judicial and police custody and
–           follow-up actions on the implementation of its recommendations

The SCA considered information from civil society alleging the failure of the NHRC to provide meaningful follow-up in significant human rights cases and the lack of use of its intervention powers or visitation to ascertain the condition of HRDs detained under the Unlawful Activities (Prevention Act). The third-party information also alleges that the NHRC has not done enough to address declining press freedom despite several complaints.

The NHRC notes that it has addressed several cases involving HRDs and arrests under the Prevention Act. The NHRC further reports that it has taken appropriate actions on cases mentioned in third-party submissions.

The SCA acknowledges the efforts made by the NHRC to address individual cases of human rights violations, however, the SCA notes that the information provided by the NHRC does not demonstrate adequate efforts to address human rights violations at a systemic level, nor has the institution spoken out in a manner that promotes and protects all human rights and systemic issues. The SCA further notes that NHRIs are expected to promote and ensure respect for all human rights, democratic principles, and the strengthening of the rule of law in all circumstances, and without exception. 

Therefore, the SCA restates its previous recommendations calling on the NHRC to address systemic violations of human rights and to ensure effective follow-up so that the State makes the necessary changes to ensure that human rights are clearly protected. The SCA requests the NHRC to continuously make its positions on these issues publicly available, as this will contribute to the strengthening of the credibility and accessibility of the institution.

The SCA refers to Paris Principles A.1, A.2, and A.3, and to its General Observation 1.2 ‘Human rights mandate’.”