r
Gauging the enterprises towards an innovative framework harmonizing
business and human rights.
Land Conflict Resolution Mechanisms
A number of remedial institutions are already existent in India (Deva,
2016). These almost match the range of remedial recommendatory mechanisms
that the Guiding Principles mandate. Apart from the NHRCI, there are special
commissions for marginalized classes, women and children. Certain nonState mechanisms are also present that are not as well organized as the State
mechanisms are. Owing to the myriad limitations and administrative hindrances
in State-run mechanisms, however, the situation might change for the non-State
mechanisms in the near future.
BHR National Action Plan (NAP) in India
The NHRCI unfortunately lacks the capacity to provide technical and
objective inputs on business and human rights (FORUM-ASIA, 2016) as it is only
a recommendatory body. The auxiliary mechanisms present are not as wellendowed to compensate for the NHRCI’s shortcomings. This forms the primary
rationale behind establishing a framework dedicated only to monitor business
regulations respecting human rights in India.
India has ratified several international laws that seek protection of human
rights – the International Covenant on Civil and Political Rights (ICCPR) and the
International Convention on Economic, Social and Cultural Rights (ICESCR).
Developing a BHR framework secures consistency of Article 51 of the Constitution
stating that the State “shall endeavour to foster respect for international law.”
Additionally, establishing a Business and Human Rights framework within the
purview of the Government of India, is imperative as it can leverage and claim its
position in the business and human rights governance.
Key benefits of formulating a NAP/BHR framework:
r It ensures that business enterprises operating within Indian Territory or
jurisdiction do not commit human rights abuses.
48
Upholding Land Rights amidst the Land Rush
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