When the guardian falters: What the NHRC downgrade means for the Indian masses
The downgrading of NHRC captured perfectly the many qualms civil society has had with how the institution has been run for several years. It is also a reflection that concerted, organised efforts by civil society actors on the international stage can be productive in holding our institutions accountable, especially the ones meant to rein in state excesses.
Edgar Kaiser
Published on: 12 May 2025, 06:04 am
THE NATIONAL HUMAN RIGHTS COMMISSION (‘NHRC’) HAS FINALLY BEEN DOWNGRADED by the UN-linked body, the Global Alliance of National Human Rights Institutions (‘GANHRI’). After the All India Network of NGOs and Individuals Working with National and State Human Rights Institutions (‘AiNNI’) sent its civil society reports to the GANHRI regarding NHRC’s non-compliance with the Paris principles, the NHRC ‘A status’ was deferred thrice, in 2016, 2023, and 2024, all because they failed to implement the recommendations of the Sub-Committee on Accreditation (‘SCA’).
The consequence of the Downgrade
As it is finally recommended to be downgraded, the NHRC would face multiple diplomatic consequences in its engagement with the United Nations. It would not be able to vote in the United Nations Human Rights Council and will lose its power to participate in the Universal Periodic Review. A reflection on this sad status reminds us of NHRC’s screeching silence on the death of Fr. Stan Swamy and Prof. G.N. Saibaba, on the fate of hundreds of political prisoners incarcerated following the CAA protests and the Kashmir unrest and on the Manipur riots. It also reminds us of the tragedy of the NHRC remaining headless for almost half a year until its new chairperson was appointed arbitrarily earlier this year.
It also reminds us of the tragedy of the NHRC remaining headless for almost half a year until its new chairperson was appointed arbitrarily earlier this year.
The downgrade would surely discourage the NHRC, but it has appealed the decision under Article 12.1(ii) of the GANHRI statute. In addition, the recommendation to downgrade does not take effect immediately and will give NHRC a year's time to still try and prove that they comply with the Paris Principles.
The major concerns by the SCA include the involvement of police officers in investigation, non-independence in the appointment of the Secretary General (retired IAS), lack of pluralism in composition of members, non-independence in selection and appointment of members and chairperson, lack of intervention in human rights violations and their non-cooperation with civil societies. All these concerns highlight matters that affect the day-to-day lives of the Indian citizens. In a political climate where human rights are disregarded in India, such a move from an international body will further affect the faith of Indians in the NHRC.
