National Human Rights Commission (NHRC)

The National Human Rights Commission (NHRC) is a significant entity of the Government of India with a mission to promote and protect human rights. Established in 1993 under the Protection of Human Rights Act, National Human Rights Commission is a statutory body mentioned in the Constitution of India. The Protection of Human Rights Act was amended in 2006, further defining the role and responsibilities of National Human Rights Commission.

National Human Rights Commission (NHRC)

This article highlights the importance of NHRC

For further reading on similar bodies, candidates can explore:

– National Commission for Backward Classes (NCBC)

– National Green Tribunal (NGT)

– National Commission for Scheduled Tribes (NCST)

– National Commission for Minorities

– Central Information Commission

– Central Vigilance Commission

– NITI Aayog

What is the National Human Rights Commission (NHRC)?

NHRC, established in 1993, operates as an independent statutory body under the Protection of Human Rights Act, 1993, which was amended in 2006. National Human Rights Commission acts as a watchdog for human rights in India, overseeing rights related to life, dignity, liberty, and equality as defined in Section 2(1) of the Protection of Human Rights Act. NHRC’s mission aligns with the Paris Principles of Human Rights, 1991, adopted by the UN General Assembly in 1993.

NHRC History

– 1948: UN adopted the Universal Declaration of Human Rights (UDHR).

– 1991: Paris Principles established by National Human Rights Institutions (NHRIs).

– 1993: UN General Assembly adopted these Paris Principles and India enacted the Protection of Human Rights Act, leading to the formation of National Human Rights Commission.

– The Protection of Human Rights Act also enabled state governments to establish State Human Rights Commissions.

NHRC Composition

The NHRC is composed of a Chairperson and eight other members:

– The Chairperson is a retired Chief Justice of India.

– One member is a retired Judge of the Supreme Court of India or a Chief Justice of a High Court.

– Three members are individuals with knowledge or practical experience in human rights (with at least one woman).

– Deemed members include the chairpersons of several national commissions: National Commission for Minorities, National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women, National Commission for Protection of Child Rights, National Commission for Backward Classes, and Chief Commissioner for Persons with Disabilities.

Appointment of NHRC Members

A Selection Committee recommends candidates to the President. This committee includes the Prime Minister (Chairman), Speaker of Lok Sabha, Union Home Minister, Deputy Chairman of Rajya Sabha, and Leaders of the Opposition in both Houses of Parliament.

Functions & Powers of NHRC

NHRC’s functions, as outlined in Section 12 of the Protection of Human Rights Act, include:

– Inquiry into complaints of human rights violations or negligence by public servants.

– Studying human rights treaties and international instruments, making recommendations for effective implementation.

– Investigating complaints of human rights violations either suo-moto or after receiving a petition.

– Interfering in judicial processes involving human rights violations.

– Visiting prisons or institutions to observe living conditions and making recommendations.

– Reviewing constitutional provisions safeguarding human rights and suggesting necessary measures.

– Promoting research and awareness in human rights.

Limitations of NHRC

NHRC has several limitations:

– Recommendations made by National Human Rights Commission are not binding.

– National Human Rights Commission cannot address human rights violations by private parties.

– National Human Rights Commission lacks the power to penalize authorities who do not implement its recommendations.

– Some National Human Rights Commission members are judges, which may affect the commission’s functioning.

– Not all members have expertise in human rights.

– National Human Rights Commission does not consider cases older than one year, anonymous, pseudonymous, vague, or frivolous cases, or matters related to service issues.

Major Issues Related to NHRC

NHRC addresses various human rights issues, including:

– Arbitrary arrest and detention

– Custodial torture

– Child labor

– Violence and discrimination against women and children

– Extrajudicial killings

– Excessive powers

– Sexual violence and abuse

– LGBTQ community rights

– Issues affecting SC/ST, disabled people, and religious minorities

– Labor rights and the right to work

– Conflict-induced internal displacement

– Manual scavenging

Term & Removal of Chairperson of NHRC

The Chairperson and members of National Human Rights Commission hold office for three years or until they reach the age of 70, whichever is earlier. The Protection of Human Rights (Amendment) Bill 2019 altered the tenure from five years to three years and introduced other changes.

Protection of Human Rights (Amendment) Act, 2019

The amendment brought key changes:

– Chairperson: Must be the Chief Justice of the Supreme Court or a Supreme Court Judge.

– Members: At least three members must be appointed, with at least one being a woman.

– Ex-Officio Members: Additional members include chairpersons of various national commissions and chief commissioners.

– Term: Reduced to three years.

– Reappointment: Removed the five-year limit.

– Secretary-General: Granted more administrative and financial powers.

The Protection of Human Rights (Amendment) Bill, 2019, passed in both houses of Parliament, reflects these updates. For more information, you can visit NHRC’s official website.