National Human Rights Commission

About

The National Human Rights Commission (NHRC) is a statutory and autonomous body established for the protection and promotion of human rights in India. It inquiries into complaints of human rights violations, reviews constitutional and legal safeguards, and recommends measures for their effective implementation. It was established under the Protection of Human Rights Act, 1993, which came into force on 28 September 1993.

Background

• The idea of a National Human Rights Institution gained momentum after the Paris Principles (1991) adopted by the United Nations.
• The Protection of Human Rights Ordinance, 1993 was promulgated on 28 September 1993.
• Parliament enacted the Protection of Human Rights Act, 1993, which replaced the Ordinance.
• The NHRC was formally constituted on 12 October 1993.
• The Act was amended in 2006, 2019, and 2021 to strengthen the institutional framework and modify the composition of the Commission.

Statutory Provisions

The National Human Rights Commission is established under the Protection of Human Rights Act, 1993.

Composition of the NHRC

• The NHRC consists of a Chairperson, one Judicial Member, one Member having knowledge or practical experience in human rights, and three ex-officio Members.
• The Chairperson is a former Chief Justice of India or a former Judge of the Supreme Court.
• One Judicial Member is a Judge of the Supreme Court or the Chief Justice of a High Court.
• One Member is appointed from among persons having knowledge of or practical experience in human rights.
• The Chairperson and Members are appointed by the President of India.
• The Chairpersons of the National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), National Commission for Minorities (NCM), National Commission for Women (NCW), National Commission for Backward Classes (NCBC), National Commission for Protection of Child Rights (NCPCR), and the Chief Commissioner for Persons with Disabilities serve as ex-officio Members of the Commission. 
• The Commission is assisted by a Secretary-General, who is its Chief Executive Officer.

Appointment Committee

The Chairperson and Members are appointed by the President of India on the recommendations of a committee consisting of:

• Prime Minister – Chairperson
• Speaker of the Lok Sabha
• Union Home Minister
• Leader of the Opposition in the Lok Sabha
• Leader of the Opposition in the Rajya Sabha
• Deputy Chairman of the Rajya Sabha

Tenure

• The Chairperson and Members hold office for three years or until attaining the age of 70 years, whichever is earlier.
• They are eligible for reappointment subject to the provisions of the Act.
• They may resign by addressing their resignation to the President of India.

Conditions for Removal

• The President of India may remove the Chairperson or any Member on the ground of proved misbehavior or incapacity, after an inquiry conducted by the Supreme Court.
• The President may also remove a Member if he is adjudged insolvent.
• A Member may be removed if he engages in paid employment outside the duties of the office.
• Removal is also permitted if the Member is declared to be of unsound mind by a competent court.
• A Member may also be removed if convicted of an offence involving moral turpitude.

Functions of the NHRC

Inquiry Functions

• Inquires into complaints of violation of human rights or negligence in preventing such violations by public servants.
• May take up cases suo motu, on petitions, or on directions of a court.

Judicial Functions

• Intervenes in court proceedings involving allegations of human rights violations with the approval of the concerned court.
• Visits jails, detention centres, and correctional institutions to study the living conditions of inmates.

Review Functions

• Reviews constitutional and legal safeguards for the protection of human rights.
• Reviews factors, including terrorism, that inhibit the enjoyment of human rights.

Promotion Functions

• Promotes research and awareness in the field of human rights.
• Encourages the efforts of NGOs and institutions working for human rights.
• Spreads human rights literacy through publications, seminars, and media.

Advisory Functions

• Recommends measures to the Government for effective implementation of human rights safeguards.
• Advises on international treaties and instruments relating to human rights.

Powers of the NHRC

• While conducting an inquiry, the NHRC enjoys the powers of a Civil Court.
• It can summon witnesses, examine them on oath, receive evidence, requisition public records, and issue commissions for examination of witnesses.
• It may call for reports from the Central Government or State Governments.
• It can recommend interim relief or compensation to victims.
• Its recommendations are advisory and not legally binding.

Limitations

• Its recommendations are not enforceable.
• It cannot inquire into matters that are more than one year old.
• It has limited jurisdiction over the armed forces and can only seek reports and make recommendations.
• It has no power to punish the guilty officials.
• Delays in filling vacancies often affect its functioning.

Significance

• Protects the fundamental human rights of individuals.
• Promotes accountability of public authorities.
• Strengthens democratic governance and the rule of law.
• Enhances awareness of human rights across society.
• Acts as India’s premier national human rights institution.

Issues

• Recommendations are often ignored due to their non-binding nature.
• Shortage of Members and staff affects efficiency.
• Delay in disposal of complaints leads to backlog.
• Limited jurisdiction over the armed forces reduces effectiveness.
• Dependence on government agencies for investigation affects autonomy.

Way Forward

• Make compliance with recommendations more effective through legislative reforms.
• Fill vacancies promptly and strengthen institutional capacity.
• Grant greater functional autonomy and adequate financial resources.
• Enhance investigative infrastructure and regional outreach.
• Strengthen coordination with State Human Rights Commissions and civil society organizations.

FAQs

Q1. Under which Act was the National Human Rights Commission established?
Ans: The Protection of Human Rights Act, 1993.

Q2. In which year was the NHRC constituted?
Ans: 1993 (12 October 1993).

Q3. Who appoints the Chairperson and Members of the NHRC?
Ans: The President of India.

Q4. Are the recommendations of the NHRC legally binding?
Ans: No, they are advisory in nature.

Q5. What is the tenure of the Chairperson and Members of the NHRC?
Ans: Three years or until attaining the age of 70 years, whichever is earlier.