In news:

• The National Human Rights Commission (NHRC) recognised sex workers as informal workers in their advisory on “Human Rights of Women in the context of COVID 19”.

About:

• The NHRC in an effort to secure the rights of all women who have been excluded and marginalised during the Covid-19 pandemic, included sex workers as informal workers in their advisory on ‘Women at Work’.
• The advisory asked the Ministries of Women, Labour, Social Justice, Health, and Consumer Affairs in all states and UTs to recognise sex workers as informal workers and register them so they are able to avail the benefits of a worker.

 

What are Human Rights?

• As per UN definition these rights are inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
• Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.
• These are entitled to everyone, without any discrimination.

 

What is the NHRC advisory?

• The NHRC in an effort to secure the rights of all excluded and marginalised women included sex workers as informal workers in their advisory on ‘Women at Work’.
• The advisory asked officials to recognise sex workers as informal workers and register them so they are able to avail the benefits of a worker.
• The Ministries have been asked to issue temporary documents so that the sex workers like all other informal workers, can access all welfare measures and health services.

 

Why is the advisory important?

• The advisory included sex workers among groups that they were considered as part of vulnerable and marginal sections of society thereby consider them as citizens who are deserving of the protection of human rights.
• To do this, NHRC had sought expert advice, and both the government and constitutional bodies had stood by the protection of the human rights and dignity of sex workers.
• For many, it is a welcome move and an important milestone in achieving constitutional rights for sex workers.

 

 

Legality check of such work

• The Immoral Traffic (Prevention) Act — lays down that the institution of prostitution is illegal.
• Sex is either a consensual engagement between two adults or it is rape.
• Commercial sex, if engaged through any institutional process is illegal and liable for prosecution. Hence the Government of India never recognised sex work.

 

Critisms of this advisory

• The feminists who wish to end sex slavery are critical of this NHRC’s move.
• There has not been a single instance where a woman has voluntarily gone into prostitution.
• Therefore they have regarded this as an absolute failure to not provide viable options to women to engage in productive work.

 

National Human Rights Commission

• Statutory Body: NHRC was established on 12^th 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.
   
  • The PHRA Act also provides for the creation of a State Human Rights Commission at the state level.
• In Line with Paris Principles: Paris Principles were adopted for the promotion and protection of human rights in October 1991, and were endorsed by the General Assembly of the United Nations in 1993.
• Watchdog of Human Rights in the country: 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 commission is a multi-member body consisting of a chairman and four members. A person who has been the Chief Justice of India or a judge of the Supreme Court is a chairman.
• Appointment: The chairman and members are appointed by the President on the recommendations of a six-member committee consisting of the Prime Minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Union Home Minister.
• Tenure: The chairman and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier. 
   
  • The President can remove the chairman or any member from the office under some circumstances.

 

Functions and Powers of NHRC

• NHRC investigates grievances regarding the violation of human rights either suo moto or after receiving a petition.
• It has the power to interfere in any judicial proceedings involving any allegation of violation of human rights.
• It can visit any jail or any other institution under the control of the State Government to see the living conditions of the inmates and to make recommendations thereon.
• It can review the safeguards provided under the constitution or any law for the protection of the human rights and can recommend appropriate remedial measures.
• NHRC undertakes and promotes research in the field of human rights.
• NHRC works to spread human rights literacy among various sections of society and promotes awareness of the safeguards available for the protection of these rights through publications, media, seminars and other means.
• The Commission takes an independent stand while providing opinions for the protection of human rights within the parlance of the Constitution or in law for the time being enforced.
• It has the powers of a civil court and can grant interim relief.
• It also has the authority to recommend payment of compensation or damages.
• NHRC credibility is duly reflected in large number of complaints received every year and the trust reposed in it by the citizens.
• It can recommend to both the central and state governments to take suitable steps to prevent the violation of Human Rights. It submits its annual report to the President of India who causes it to be laid before each House of Parliament.

 

Limitations of NHRC

• NHRC does not have any mechanism of investigation. In majority cases, it asks the concerned Central and State Governments to investigate the cases of the violation of Human Rights
• It has been termed as ‘India’s teasing illusion’ by Soli Sorabjee (former Attorney-General of India) due to its incapacity to render any practical relief to the aggrieved party.
• NHRC can only make recommendations, without the power to enforce decisions.
• Many times NHRC is viewed as post-retirement destinations for judges and bureaucrats with political affiliation moreover, inadequacy of funds also hamper its working.
• A large number of grievances go unaddressed because NHRC cannot investigate the complaint registered after one year of incident.
• Government often out rightly rejects recommendation of NHRC or there is partial compliance to these recommendations.
• State human rights commissions cannot call for information from the national government, which means that they are implicitly denied the power to investigate armed forces under national control.
• National Human Rights Commission powers related to violations of human rights by the armed forces have been largely restricted.