National Human Rights Commission (NHRC)
The National Human Rights Commission (NHRC) is the apex statutory body established to protect and promote human rights in India. Constituted under the Protection of Human Rights Act, 1993, it acts as the country’s principal human rights watchdog by inquiring into complaints of human rights violations, reviewing constitutional and legal safeguards, inspecting custodial institutions, promoting human rights awareness, and advising governments on measures for better protection of human rights. It functions as an independent institution committed to upholding the constitutional values of dignity, equality, liberty and justice.
Establishment
- Statutory Body: The National Human Rights Commission (NHRC) was established on 12 October 1993 under the Protection of Human Rights Act, 1993.
- Nodal Ministry: Ministry of Home Affairs.
Objectives
The objectives of the commission are:
- To strengthen the institutional arrangements through which human rights issues could be addressed in their entirety in a more focussed manner;
- To look into allegations of excesses, independently of the government, in a manner that would underline the government’s commitment to protect human rights; and
- To complement and strengthen the efforts that have already been made in this direction.
Headquarter
- Headquarters: New Delhi.
- The Commission may establish offices at other places in India with the prior approval of the Central Government.
Composition
The NHRC is a multi-member body consisting of a Chairperson and 5 Members.
Chairperson
The Chairperson shall be:
- A former Chief Justice of India, or
- A former Judge of the Supreme Court.
Members
- One Member who is, or has been, a Judge of the Supreme Court.
- One Member who is, or has been, the Chief Justice of a High Court.
- Three Members possessing knowledge of, or practical experience with respect to human rights.At least one of these members shall be a woman.
Ex-Officio Members
The Chairpersons of the following National Commissions are ex-officio members:
- National Commission for Scheduled Castes (NCSC)
- National Commission for Scheduled Tribes (NCST)
- National Commission for Women (NCW)
- National Commission for Minorities (NCM)
- National Commission for Backward Classes (NCBC)
- National Commission for Protection of Child Rights (NCPCR)
- Chief Commissioner for Persons with Disabilities (CCPD)
Secretary-General
- The Commission has a Secretary-General, who functions as the Chief Executive Officer of the NHRC.
- Subject to the control of the Chairperson, the Secretary-General exercises administrative and financial powers.
- However, the Secretary-General does not exercise judicial functions and does not have the power to make regulations
Appointment of Chairperson and Members
- The Chairperson and Members are appointed by the President of India.
- They are appointed on the recommendation of a 6 member high-level committee consisting of:
- Prime Minister — Chairperson
- Speaker of the Lok Sabha
- Deputy Chairman of the Rajya Sabha
- Union Home Minister
- Leader of Opposition in the Lok Sabha
- Leader of Opposition in the Rajya Sabha
- A sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation with the chief justice of India.
Acting Chairperson
- If the office of the Chairperson falls vacant due to death, resignation or any other reason, the President may authorise one of the Members to act as the Chairperson until a new Chairperson is appointed.
- If the Chairperson is unable to discharge his/her functions due to absence, leave or any other reason, the President may authorise one of the Members to discharge the functions of the Chairperson until the Chairperson resumes office.
Term of Office
- Chairperson and Members hold office for three years or until they attain 70 years of age, whichever is earlier.
- They are eligible for reappointment subject to the age limit.
- After their tenure, the chairperson and members are not eligible for further employment under the Central or a State Government.
Resignation
- The Chairperson or any Member may resign at any time by submitting a written resignation to the President of India.
Salary and Service Conditions
- Salaries, allowances and other service conditions of the chairperson or members are prescribed by the Central Government.
- They cannot be varied to their disadvantage after appointment.
Removal of Chairperson and Members
The President may remove the Chairperson or any Member if he/she:
- Is adjudged an insolvent.
- Engages in any paid employment outside the duties of the office during the term.
- Is unfit to continue in office due to infirmity of mind or body.
- Is declared to be of unsound mind by a competent court.
- is convicted and sentenced to imprisonment of an offence which in the opinion of the President involves moral turpitude.
Removal on the ground of proved misbehaviour or incapacity
- In addition, the President can also remove the Chairperson or any Member on the ground of proved misbehaviour or incapacity.
- In such cases, the President must refer the matter to the Supreme Court for an inquiry.
- If the Supreme Court, after the inquiry, upholds the grounds for removal and advises accordingly, the President can remove the Chairperson or Member.
Functions of the Commission
- To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court.
- To intervene in any proceeding involving allegations of violation of human rights pending before a court.
- To visit jails and detention places to study the living conditions of inmates and make recommendations thereon.
- To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
- To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
- To study treaties and other international instruments on human rights and make recommendations for their effective implementation.
- To undertake and promote research in the field of human rights.
- To spread human rights literacy among the people and promote awareness of the safeguards available for the protection of these rights.
- To encourage the efforts of non-governmental organisations (NGOs) working in the field of human rights.
- To undertake such other functions as it may consider necessary for the promotion of human rights.
Powers
The Commission, while inquiring into any matter has all the powers of a civil court trying a suit and in particular in respect of the following matters:
- summoning and enforcing the attendance of any person and examining him on oath;
- discovery and production of any document;
- receiving evidence on affidavits;
- requisitioning any public record or copy thereof from any court or office; and
- issuing commissions for the examination of witnesses or documents.
Working
Procedure for Transaction of Business
- The Commission shall meet at such time and place as the Chairperson may decide.
- The Commission is vested with the power to regulate its own procedure.
- All orders and decisions of the Commission shall be authenticated by the Secretary-General or any officer authorised by the Chairperson.
Investigation Mechanism
- The Commission has its own investigation staff to inquire into complaints of human rights violations.
- It may also utilise the services of any officer or investigation agency of the Central or State Government for conducting investigations.
- The Commission works closely with NGOs, which provide first-hand information on human rights violations.
Inquiry into Complaints
While inquiring into complaints of human rights violations, the Commission may:
- Call for information or a report from the Central Government, any State Government, or any authority or organisation subordinate to them, within the time specified by the Commission.
- Proceed with the inquiry on its own if the required information or report is not received within the stipulated time.
- If, after receiving the information or report, the Commission finds that no further inquiry is needed or that the concerned Government or authority has already taken or started necessary action, it may close the complaint and inform the complainant.
- Initiate an independent inquiry, if it considers such an inquiry necessary, having regard to the nature of the complaint.
Action after Inquiry
The Commission may take the following steps during or after completing an inquiry:
- When the inquiry discloses the commission of violation of human rights or negligence in the prevention of violation of human rights or abetment thereof by a public servant, it can recommend to the concerned Government or authority to:
- Pay compensation or damages to the complainant, victim or the victim’s family.
- Initiate prosecution or other suitable action against the concerned person(s).
- Take any other action considered appropriate.
- Approach the Supreme Court or the High Court for appropriate directions, orders or writs.
- Recommend immediate interim relief to the victim or the victim’s family at any stage of the inquiry.
- Provide a copy of the inquiry report to the petitioner or the petitioner’s representative
- Send the inquiry report along with its recommendations to the concerned Government or authority, which shall submit its comments, including the action taken or proposed to be taken, within one month or such further time as allowed by the Commission.
- Publish the inquiry report, along with the comments of the concerned Government or authority and the action taken or proposed to be taken on the Commission’s recommendations.
Recommendatory Nature of NHRC
- The functions of the NHRC are primarily recommendatory in nature.It has no power to punish human rights violators or award relief, including monetary compensation, to victims.
- Its recommendations are not binding on the concerned Government or authority.However, the concerned Government or authority must inform the Commission of the action taken on its recommendations within one month.
- Although its recommendations are advisory, the NHRC carries significant moral and institutional authority, and governments are expected to give due consideration to them.
NHRC and Armed Forces
- In cases of alleged human rights violations by members of the Armed Forces, the Commission follows a special procedure under the Act.
- The Commission may, on its own or on receiving a complaint, seek a report from the Central Government.
- After receiving the report, the Commission may either close the complaint or make recommendations to the Central Government.
- The Central Government shall inform the Commission of the action taken on its recommendations within three months or such further time as allowed by the Commission.
- The Commission shall publish its report, along with its recommendations and the action taken by the Central Government.
- A copy of the published report shall be provided to the petitioner or the petitioner’s representative.
Reports of NHRC
- The NHRC submits an annual report to the Central Government and the concerned State Government.
- The Commission may submit Special Reports at any time on matters of urgent or significant importance, without waiting for the Annual Report.
- The Central Government and the concerned State Government shall place the Annual and Special Reports before Parliament or the State Legislature, respectively, along with:
- A Memorandum of action taken or proposed to be taken on the Commission’s recommendations.
- Reasons for the non-acceptance of any recommendation, if any.
The NHRC plays a vital role in promoting human rights, custodial justice, institutional accountability and rights-based governance in India. However, its recommendatory nature, limited powers against armed forces, one-year limitation period and dependence on government action reduce its effectiveness. Strengthening its autonomy, investigative capacity and follow-up mechanisms is essential for making human rights protection more meaningful.
FAQs
1. What is NHRC?
The National Human Rights Commission is a statutory body established to protect and promote human rights in India.
2. Under which Act was NHRC established?
NHRC was established under the Protection of Human Rights Act, 1993.
3. When was NHRC established?
NHRC was established on 12 October 1993.
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