HUMAN RIGHTS LAW RESEARCH PROJECT ON

“Role Of NHRC in Protecting and Promoting Women’s Rights”

In Partial Fulfilment of the degree of Bachelors In Law

Submitted By : Submitted To:

Vageesha Dwivedi Ms. Farah Hayat

051511103819

DELHI METROPOLITAN EDUCATION,

NOIDA
 CHAPTER 1 - INTRODUCTION

“If there is one message that echoes forth from this conference, let it be that human rights are women's rights
and women's rights are human rights, once and for all."1
- Hilary R. Clinton
This was first lady Hilary Clinton, speaking passionately, and with purpose, at the United Nations Fourth
World Women’s conference of 1995, in Beijing. Ever since the origin of the feminist movement, throughout
the globe this phrase has been widely used, but got popularised after Clinton's empowering speech. In her
speech, Clinton firmly asserted that if and only when the women in society will be treated equally in terms of
every aspect in and throughout her life, be it education, be it standard of life, be it professionally, and are not
made subject of discrimination merely because of her gender, then only one can dream and aspire of a
peaceful, prosperous world.

And that is what exactly has been there, still persists, propagated, perpetrated against women globally. The
situation in the global south is even more sickening. Back at home, the situation in India is such that women
are being subjected to discrimination almost in all phases of their life, disparately. Regardless of the sttaunchly
punitive anti rape, anti dowry and anti sexual abuse laws which alone have safety of women as their core
objective, yet there exist all of the above crimes and practices of them are nowhere falling down in graph.
Whereas, inequality in gender, the social causes breeding them, resulting in widening the gap of India’s sex
ratio, health of women over their lifetime as well as their education and economic status. Hence, the need and
necessity for women’s rights. Its protection, promotion and extension so that there comes a day when having to
keep safe women’s right doesn't remain any obligation over the state. Nearly 70 years ago, in the United
Nation, certain rights were laid down, which included the right to live free from slavery and discrimination,
right to education, right to own property, right to vote and to earn fair wages. All these were termed as basic
human rights. Women's rights are these fundamental rights only.
Talking about protection and promotion of women’s rights on the national front, endeavours to secure the
interests of women are being made vigorously. In recent years, the empowerment of women has been
recognised as the central issue in determining the status of women. Structure of India’s democratic polity, laws,
plans and policies are aiming at the upliftment of women in distinct fields. Acting parallelly towards
international commitments, India has ratified various conventions and human rights instruments committing to
secure equal rights of women. Key among them is the ratification of the Convention on Elimination of All
Forms of Discrimination Against Women. CEDAW, adopted by the UN General Assembly on December 18,
1979, gives all member states a template to eliminate all forms of discrimination against women. In 1993, India
ratified the CEDAW.

1
First lady of United States, Hilary Rodham Clinton, during her speech in Beijing, China
 Whereas in 1993, the Indian Parliament enacted the Protection of Human Rights Act. Purpose of this act was to
establish an institutional framework that could beneficially protect, promote and fulfil the fundamental rights
guaranteed by the Indian Constitution. To this end, the Act created a National Human Rights Commission, and
also, Human Rights Commission at the levels of various states. Besides protection of other human rights,
NHRC plays an active role in making sure the effective implementation and status of CEDAW in India,
simultaneously ascertaining the gaps between the provision of CEDAW and Indian laws that are legislated,
specifically keeping protection of women's right at heart. Its major initiatives have been involved in playing an
imperative role in the safeguard of women rights in every sphere across the country for the purpose, due to
increase in the instances of sexual assault and socio-economic factor contributing to gender-based violence
against women.

This paper aims to give a brief account over the various roles acted upon by NHRC in the lines of protection
and promotion of women’s rights.

REVIEW OF LITERATURE

Women’s Rights in India: An Analytical Study of The United Nations Convention on the Elimination of
All Forms of Discrimination against Women (CEDAW) and The Indian Constitution, Legislations,
Schemes, Policies & Judgements of and 20212, “is a comparative and comprehensive study on all forms os
discrimination CEDAW vis-a-vis the Indian Constitution, Legislations, Schemes, Policies and also considered
legal judgements, by the commission through its subcommittee”.
NHRC’s Annual Report of 2004-2005,3 “mentions how the commission took suo-moto cognizance in the
Gujarat riot case 0f 2002, where grave human rights violation took place. Among other, was the complaint of
allegations of improper investigation, lack of confidence of the complainant in the functioning of the local
police in the case of rape of 17 women, including complainant and her mother”.

STATEMENT OF PROBLEM

The stark reality is that the status of women in India still lacks the objectives articulated in the constitution,
legislation, plans, programs, policies and similar mechanisms.

2
National Human Rights Commission. (2021). Women’s Rights in India - An Analytical Study of CEDAW and The Indian
constitution, legislation, schemes, policies and judgements.(2021)
https://nhrc.nic.in
3
National Human Rights Commission. (2006). Annual Report 2004-2005 (Report no. AR-Chapter-1-19-10-6-06.p65)
www.nhrc.nic.in
 HYPOTHESIS

As no society or any state can function properly when the women and their rights are being abused and
ostracised. Also like its rightly raised “women’s rights are human rights”. Therefore, in view of these lacunas
still persisting, the protection and promotion of rights of women becomes an obligation as well as
necessitation.

RESEARCH QUESTIONS

This paper deals with following problems:-

● What are women’s rights and what is the need to protect them?
● How the status of women in India mandated a human rights body to work in the direction of
safeguarding women's rights?
● What actions and steps does NHRC take in order to provide prompt legal aid and effective victim
compensation alongside the recommendatory measures to bridge the gap?

RESEARCH METHODOLOGY

This is a doctrinal research, conducted by relying upon existing sources of information and analysis.

PLAN OF STUDY

Chapter 2 - Women’s rights or human rights - where the difference lies?

Chapter 3- NHRC in India: formation, functions and legal committee for women’s rights
Chapter 4- Case study relating to active involvement of NHRC
Chapter 5- Conclusion

OBJECTIVES OF STUDY

● This paper aims to analyse the role of the NHRC, though a recommendatory body, but acts as a
custodian in safeguarding women's rights in India.
● Further it will give higlight about how the commsion through various gender sensitization programmes,
workshop and seminars is creating awarenesss for women’s rights.
● Lastly it will discuss the case study involving the role of NHRC.
 CHAPTER 2 - Women’s rights or human rights - where the difference lies?

Before reasoning out if there is any difference between the two, it's foremost to develop an understanding that
if there is, then it shouldn’t be existing in the first place. Attainment of equality between genders and
elimination of all forms of discrimination, are in fact the fundamental human rights that the United Nation
believes in and values. The charter of United Nation, adopted in 1945, sets out a clear goal in its very first
article, “to reaffirm faith in human rights, in the dignity and worth of human person, (and) in equal rights of
men and women” Whereas Article 13 (mandated by general assembly) of the charter prohibits discrimination
on the basis of sex. Article 1 also specifies that one of the many purposes of the United Nation is to promote
human rights and fundamental freedoms, irrespective of race, sex, language, religion. In 1948, when the
UNGA adopted the Universal Declaration of Human Rights, in its initial drafting there were contention to
whether use “all men” or a more gender neutral term, but later on the gendered term was dropped and
declaration was drafted reading with “all human beings” and “everyone”, so that only one message can be
raised that there exists little to no doubt between human rights and women rights as two distinct subject and
every fundamental rights from now on be it in the charter or this declaration will be for all and everyone, men
and women alike.

CHAPTER 3- What is NHRC- Functions and Role With Respect to Protection of Women’s Rights

In the year 1993, the UNGA adopted and endorsed certain principles which were established by the National
Human Right Institute to protect and promote the fundamental human rights, including the receiving, inquiry
and investigation, complaint redressal and resolution, mediation and negotiation of conflicts, and surveilling
various activities of promotion of human rights by way of educating, training, publishing, outreach, aid and
assistance to respective countries govt. These principles were called Paris Principles. To abide by these
principles, India enacted the Protection of Human Rights Act, in view of empowering the basic human rights
and creating a larger accountability for the violators. Provision of this act mandated the establishment of an
independent human rights entity which would discharge its function and act as a watchdog for the safeguard of
human rights in the country. Rights which are guaranteed by the Constitution of India as well as those rights
which are incorporated in the international covenants and are justifiable in India. Under this act, the respective
state govt’s also have the authority to establish the State human rights commission.

Composition-
Composition of the commission includes, a chairman (retired chief justice or judge of apex court), four full
time members of which- 2 members (out of which one being a judge of the apex court and other being chief
justice of high court), other 2 members who are well versed with the knowledge or practicality related to
human rights and 4 deemed/Ex-officio members to be appointed (chairpersons of the - national commission for
minorities, national commission for scheduled castes, national commission for scheduled tribes and national
commission for women). But in the year 2019, parliament amended the act, the amendment allowed for
creation of one more full time member to be a woman. This amendment, although a small but right step
towards the core objective and goals that the commission strives for.

Legal committee and Core Group for women’s rights within the NHRC-
Right away from advising the commission about issues related to women's rights, to reviewing and examining
the pre-existing laws, rules, schemes and policies of the government, makes suitable recommendations for
required changes if needed, in order for them to be implemented effectively. Members of the group are tasked
with identifying the gaps in the framework of policy and suggest steps for their correction. Further the groups
come up with a plan of action for enforcement of laws that are already in place. It aids and guides the
commission of thorough implementation of provision concerned with women's rights in treaties of the United
Natio, ratified by Indian Government. Lastly, it brings out the most suitable practices and programs, both
national and international, adopted to protect women's rights.

Function-
Actively the body is involved in various operations throughout the year, other than its regular job of inquiry,
investigation, recommendation of any kind of violation of women’s rights. The roles played by the commission
involves-
1. Constitution of core groups on trafficking of women and children- The group members are those
experts on subjects which are representation of union government, law and order, NGO’s, research
organisation and civil society experts. They then draft anti trafficking guidelines to control and combat
trafficking. The commission provides support to non-governmental organisations that have developed
programmes to assist in the safe repatriation and reintegration of trafficked women.
2. One day meeting at one stop centres- the meeting attended by various concerned heads of authorities is
for the assessment of the status quo of the implementation of government schemes that are made for the
promotion of women's rights.
3. Legal aid and victim compensation- The body extends legal aid to a victims of rape, sexual abuse ,
domestic violence, trafficked victims. Further it works in the direction of redressal and seeking victim
compensation in its report from the concerned authorities of the government.
4. Is the recommendatory authority for legislating new plans and policies related to protection and
promotion of women's rights. Also issues notices to the judiciary when in need to take up suo-moto
cognizance of cases of rampant violations of abuse and discrimination against women.
5. Gender sensitisation training and workshop for the police personnel, officers and staff members of
NHRC. It also organises awareness programs and seminars in corporate offices, educational institutes
and government offices.
 6. One day workshop on “Sexual Harassment of Women at Workplace”, how to act and how to report the
sexual harassment, is organised and headed by the member of the commission and is attended by
various heads and senior officials of NCW, DCW, representatives from state authorities, as well as
representative from NGO’S/ civil society organisation and academicians working closely with same
cause. The workshop aims to monitor the implementation of the “Sexual harassment of women at
workplace (prevention, probition and redressal) act, 2013. By the end of such activities the commission
is able to collect basic understanding and near reality of the issues from the stakeholders.
7. Skill training and assistance of victims of trafficking, girl child abuse, sexual abuse, domestic violence,
acid attack survivors and daily wage labourers.

Apart from this, the commission also commissions and publishes reports and research related to issues
surrounding women's health, sexual and reproductive health, surrogacy and sexual violence against women.

CHAPTER 4 - Case Study

It was the timely and efficient role played by the NHRC, which made the process expeditious in the Bilkis
Bano case. When the victim was denied justice, and losing all rays of hope, sought for the legal aid, then it
was the commission which took suo-moto cognizance, which resulted in transferring of the case from Gujarat
to Bombay HC, eventually letting CBI be the investigating body. This led to the conviction of the culprits of
the case. A 21 year old girl, Bilkis was brutally gang raped while she was 5 months pregnant while her family
members were attacked and killed, in midst of the gujarat riot timeline of 2003 following the burning of the
Sabarmati express. When Bano went to report her ordeal, the police official at Dahod police station tried to
sway her away and later on evidence was being tampered by the police. Even the court in absence of witnesses
and evidence had to dismiss the case. Finally Bilkis Bano wrote a petition to NHRC asking for legal aid and
justice. Later on the then chairperson who was on a visit to Godhra, himself met her and from there the case
was picked up by the commission. The case was transferred to Bombay HC where after 6 years of trial, the
court found the accused guilty and convicted them.

CHAPTER 5 - Conclusion

In spite of the fact that the NHRC is called a toothless tiger being the recommendatory body it is, still it has
proven time to time that with whatever little to least discretion in its hand, it discharges its function and stands
true to its objective. The initiatives of the commission is itself a sound reflection of its due course of action,
ensuring relentlessly equality of gender, promotion of women's rights, empowerment, and combatting
discrimination and violence against women.