[Statement] INDIA: Civil society welcomes recommendation to downgrade NHRCI, meaningful reforms must follow

BANGKOK, Thailand (29 April 2025) – The Asian Forum for Human Rights and Development (FORUM-ASIA) and the Asian NGO Network on National Human Rights Institutions (ANNI) welcome the recommendation of the Global Alliance of National Human Rights Institutions (GANHRI)-Sub-Committee on Accreditation (SCA) to downgrade the accreditation of the National Human Rights Commission of India (NHRCI).

On 23 April 2025, the SCA recommended downgrading the NHRCI from “A” to “B” status.

This means that the NHRCI–as a national human rights institution–is currently only partially compliant with the Paris Principles, which set the minimum standards for the independence, effectiveness, and credibility of such institutions. National human rights institutions like the NHRCI are mandated to protect, promote, and monitor human rights at the national level.

The decision came after the SCA’s much-anticipated review of the NHRCI in March 2025, following two consecutive deferrals in 2023 and 2024.

“The SCA’s recommendation to downgrade the NHRCI is pivotal in signalling the effectiveness and independence of GANHRI’s accreditation process. This further encourages civil society to hold public institutions accountable and help ensure that national human rights institutions are effectively doing their duties. We urge the NHRCI to take this as an opportunity to strengthen its operations in line with the SCA’s recommendations,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

FORUM-ASIA and ANNI acknowledge the complexity and challenges surrounding this decision. In its report, the SCA noted “attempts by the Indian national authorities to engage members of the SCA relative to the accreditation process of the NCHR, including the involvement of various foreign missions.”

We join civil society in commending the GANHRI-SCA for its steadfast commitment in ensuring transparency, independence, and impartiality throughout its rigorous accreditation process. These are reflected in the SCA’s objective observations and sound recommendations to the NHRCI.

 

Reasons behind downgrading

The decision to downgrade the NHRCI was made following concerns over the Commission’s failure to address the previous recommendations issued by the SCA in 2017, 2023, and 2024.

Such recommendations align with longstanding concerns raised by civil society:

  1. Allowing the police to interfere in NHRCI investigations.
  2. Lack of an open selection and appointment process for its leadership.
  3. Lack of pluralism in its leadership and staff composition.
  4. Inadequate efforts in addressing issues related to shrinking civic space and violations against human rights defenders.
  5. Lack of meaningful cooperation with civil society actors.

“The [NHRCI’s] independence and effectiveness has not been sufficiently maintained in line with the requirements of the Paris Principles,” the SCA stated.

 

Moving forward with meaningful reforms

“FORUM-ASIA and ANNI urge the NHRCI to seize this opportunity to intensify its advocacy to introduce amendments to the Protection of Human Rights Act of 1993 (PHRA) in order to strengthen its compliance with the Paris Principles,” said Bacalso.

We join the SCA in urging the NHRCI to advocate for amending Section 11 of the PHRA. Doing so would help end government secondment of police officers as investigative staff, eliminate government appointment of a senior civil servant as Secretary General, and empower the NHRCI to independently recruit for the said position.

In addition, we call on the NHRCI to ensure gender balance in its leadership and staff composition. As noted by the SCA, amendments to the PHRA must formalize a transparent, open, and participatory selection and appointment process for its Commissioners.

The NHRCI should strengthen its engagement and cooperation with Indian civil society in fulfilling its investigative, advisory, and protection functions. In particular, we look forward to the Commission’s role in providing stronger protections for human rights defenders as well as the victims and survivors of human rights violations.

While civil society acknowledges the steps the Commission has taken to address some of SCA’s concerns, we hope that under the new leadership of Chairperson Shri Justice V Ramasubramanian, the NHRCI will undertake deeper reform to strengthen  its independence, effectiveness, and compliance with the Paris Principles.

FORUM-ASIA and ANNI remain committed to constructively engaging with the NHRCI, with the shared aim of strengthening national human rights protections in India.

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The Asian Forum for Human Rights and Development (FORUM-ASIA)
 is a network of 89 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org

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