Court Questions NHRC's Authority in Non-Human Rights Matters, Calls for Response
In a significant ruling, the Allahabad High Court has expressed concern over the National Human Rights Commission's (NHRC) involvement in matters that do not fall within its jurisdiction of human rights violations. The case under scrutiny involves the Teachers Association Madaris Arabia and others against the NHRC and the State of Uttar Pradesh. The court highlighted the limitations of NHRC's authority as defined under the Protection of Human Rights Act, 1993.
The case arose from allegations that numerous Madrasas in Uttar Pradesh, in collusion with the Minority Welfare Department, were receiving government grants without meeting necessary standards, employing unqualified teachers, and lacking basic infrastructure. The NHRC had directed the Economic Offences Wing of the Uttar Pradesh Government to investigate these claims and report back.
However, Justice Atul Sreedharan and Justice Vivek Saran, presiding over the division bench, questioned NHRC's jurisdiction in this matter. They pointed out that the NHRC's mandate is to address violations of human rights as defined by the Act, specifically those related to life, liberty, equality, and dignity of individuals. The court noted that the NHRC cannot act as a tribunal or direct executive officers unless human rights violations are involved.
The court further criticized the NHRC for engaging in issues that should be addressed through Public Interest Litigations (PIL) under Article 226 of the Constitution. It noted the absence of NHRC's proactive measures in addressing serious human rights issues, such as lynching and harassment by vigilantes, questioning the Commission's priorities.
Despite the state's objection to delaying proceedings, the court granted an adjournment, emphasizing the need for the NHRC to justify its involvement. The NHRC has been directed to respond to the court's queries, with the case set to be heard further on May 11, 2026.
This judgment underscores the necessity for regulatory bodies to operate within their statutory limits, ensuring that their actions align with the legislative framework and focus on genuine human rights concerns.
Bottom Line:
National Human Rights Commission (NHRC) cannot direct officers of the executive to act in a particular manner in cases where human rights, as defined under Section 2(1)(d) of the Protection of Human Rights Act, 1993, are not involved.
Statutory provision(s): Protection of Human Rights Act, 1993, Section 2(1)(d).
