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Institutional mechanism for dispute redressal
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Details
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Human Rights Commissions
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- In 1994, the National Human Rights Commission (NHRC) was established as a result of the 1993 Protection of Human Rights Act. It noted that “increasing concern about issues linked to human rights” had been expressed both domestically and internationally.
- It had been deemed necessary to review the current rules and processes as well as the administrative structure to increase efficiency and transparency in light of this as well as the shifting social realities and new trends in crime and violence.
- The Human Rights Protection Act of 1993 makes it possible for the State Government to establish a State Human Rights Commission to exercise the authority granted to it and carry out the duties specified in the Act.
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National Women for Commission (NWC)
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- The National Commission for Women was established as a statutory body in January 1992 with the charge of reviewing the constitutional and legal protections for women, suggesting corrective legislative measures, assisting with grievance redress, and advising the government on all policy issues affecting women.
- The Commission has all the authority of a Civil Court hearing a case to carry out these duties, as is the case with the NCSC/NCST.
- The Union Government arranges for the Commission’s reports on the operation of the protections for women to be presented to each House of Parliament, along with an update on any actions taken in response to the Commission’s recommendations and any explanations for any rejections, if any.
- When it comes to concerns involving a State Government, the report and accompanying Action Taken Report are presented to the State Legislature.
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National Commission for Scheduled Castes (NCSC)
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- There used to be a Special Office for Scheduled Castes and Scheduled Tribes under Article 338 of the Constitution. The Office of Commissioner for Scheduled Castes and Scheduled Tribes was given this title. A multi-member Commission for Scheduled Castes and Scheduled Tribes was established in 1978 as a result of the 46th Amendment.
- By the Constitution (Eighty-ninth Amendment) Act of 2003, separate commissions for Scheduled Castes and Scheduled Tribes were to be established. As a result, the National Commission for Scheduled Castes (NCSC) was established for the first time in 2004.
- The Commission’s responsibility is to provide the President with annual and special reports. These Reports include suggestions for actions that the Union and State Governments should take to effectively implement the safeguards and other welfare measures.
- These Reports must be presented to both Houses of Parliament along with a Memorandum outlining the course of action taken or being considered by each Ministry or Department and any grounds for rejection, if any. If the suggestions apply to state governments, a comparable Memorandum containing the recommendations must be presented to the appropriate state legislatures.
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National Commission for Scheduled Tribes (NCST)
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- The NCSC and the National Commission for Scheduled Tribes both had similar beginnings. It was established as a separate Commission in 2004 as a result of the Constitution (Eighty-ninth Amendment Act, 2003), which added Article 338A and amended Article 107.
- Before that, as was already indicated, a single organization was in charge of overseeing the constitutional protections offered to Scheduled Castes and Scheduled Tribes.
- The National Commission for Scheduled Tribes (NCST) shares several characteristics with the NCSC, including its composition, terms, powers, and reporting mechanism. Scheduled Tribes receive the same constitutional protections and legal protections as SCs.
- Six units make up the NCST and they are responsible for administration, coordination, socioeconomic and educational development, service safeguards, and atrocities-related issues. The NCST has six regional offices that give it a regional perspective.
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