CJI Surya Kant Says Courts Must Act On Rights Violations, NHRC Must Tackle Systemic Failures

Chief Justice of India Surya Kant on Monday said courts must intervene when constitutional rights are violated, while human rights commissions must investigate complaints, identify systemic failures and bring overlooked grievances to institutional attention.

Addressing the National Human Rights Commission’s (NHRC) 33rd Foundation Day in New Delhi on October 12, the CJI also linked human rights protection to access to safe and reliable drinking water. The issue was the focus of a national conference held alongside the event.

"Courts must intervene when constitutional rights are violated. Human Rights Commissions must investigate complaints, identify systemic failures and ensure that concerns which may otherwise remain invisible receive institutional attention," Surya Kant said.

His remarks underscored the distinction between judicial remedies for rights violations and the NHRC’s role in investigating complaints and identifying failures in their protection. Article 32 allows people to approach the Supreme Court to enforce fundamental rights, while Article 226 empowers High Courts to issue writs for the enforcement of fundamental rights and other legal purposes.

The NHRC’s role is set out under the Protection of Human Rights Act, 1993. Under Section 12, the Commission can inquire into complaints of human rights violations or negligence by public servants in preventing them, review safeguards for protecting human rights and recommend measures for their effective implementation.

Under Section 18 of the Protection of Human Rights Act, 1993, the Commission may recommend compensation, prosecution or other appropriate action to the government or authority concerned. It may also approach the Supreme Court or a High Court for appropriate directions, orders or writs. Its recommendations are distinct from binding judicial orders.

NHRC's Role in Addressing Systemic Failures

According to the NHRC, the Commission had registered more than 24 lakh cases during its 33-year history.

The Commission has intervened in cases involving custodial torture and deaths, bonded labour, industrial silicosis and the rights of marginalised communities. Surya Kant said the Commission's work should provide relief to victims and help prevent further violations.

He also stressed the importance of State Human Rights Commissions, noting that violations often occur in remote villages, neighbourhoods and households, where people may struggle to approach institutions at the national level. The NHRC can identify wider patterns, while State commissions may be better placed to address complaints arising within local communities.

The CJI said the effectiveness of human rights institutions should not be judged solely by the number of cases they dispose of, but also by whether people who find it difficult to make their grievances heard can access them.

CJI Surya Kant on Right to Water

The CJI said a household tap connection alone did not guarantee reliable access to safe drinking water. Article 21 protects the right to life and personal liberty, and the Supreme Court has recognised that access to pollution-free water and air is linked to that right.

The CJI acknowledged the expansion of household tap connections in rural India but said the more demanding question was whether the water was safe, reliable and available where families needed it. He also referred to the United Nations General Assembly’s recognition of safe drinking water and sanitation as a human right in 2010.

The national conference, titled ‘Water as the Elixir of Life: Advancing Human Dignity through the Right to Water’, focused on protecting water bodies and ensuring safe and sustainable drinking water supplies.

Surya Kant also warned that the consequences of water pollution and the depletion of water sources extended beyond the present generation. He said the right to water must be understood as both a right of people today and a responsibility towards future generations.