National Human Rights Commission     

Topics Discussed: -

·       Introduction

·       Background of NHRC

·       Composition of NHRC

·       Appointment of NHRC Members

·       Functions and Powers of NHRC

·       Limitations of NHRC

·       Introduction

ü NHRC of India is an independent statutory body established on 12 October, 1993 as per provisions of Protection of Human Rights Act, 1993, later amended in 2006.

ü NHRC has celebrated its Silver Jubilee (25 years) on October 12, 2018. Its headquarter is located in New Delhi.

ü It is the watchdog of human rights in the country, i.e. the rights related to life, liberty, equality and dignity of the individual guaranteed by Indian Constitution or embodied in the international covenants and enforceable by courts in India.

ü It was established in conformity with the Paris Principles, adopted for the promotion and protection of human rights in Paris (October, 1991) and endorsed by the General Assembly of the United Nations on 20 December, 1993.

·       Background of NHRC

ü Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in Paris on 10 December 1948.

ü It is a milestone declaration in the history of human rights which sets out, for the first time, fundamental human rights to be universally protected.

ü Human Rights Day is observed every year on 10 December, which is the anniversary of the UDHR. In 2018, Human Rights Day marked the 70th anniversary the declaration.

ü In due time the growing importance of strengthening national human rights institutions has been recognized and in 1991, a UN meeting in Paris has developed a detailed set of principles i.e. Paris Principles. These principles became the foundation for the establishment and operation of national human rights institutions.

ü In pursuant to these principles, India has enacted the Protection of Human Rights Act, 1993, with a view to bring about greater accountability and strengthening of the human rights in the country.

ü This act also authorized State Governments to establish State Human Right Commission.

·       Composition of NHRC

·       The National Human Rights Commission (NHRC) is composed of a Chairperson and eight other members.

·       Those eight members are:

1.    Four full-time members.

2.    Four deemed members.

·       Members of NHRC

·       Appointment of NHRC Members

Ø A Selection Committee will recommend the candidates to the President.

Ø The Selection Committee includes:

ü Prime Minister (Chairman)

ü Speaker of Lok Sabha

ü Union Home Minister

ü Deputy Chairman of Rajya Sabha

ü Leaders of the Opposition in both Houses of the Parliament

·       Functions and Powers of NHRC

Ø The Commission performs the following functions, namely:

Ø Inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into complaint of

o   violation of human rights – this is extremely obvious
b) negligence in the prevention of such violation, by a public servant.
c) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.
d) visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations.
e) review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
f) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.
g) study treaties and other international instruments on human rights and make recommendations for their effective implementation.
h) undertake and promote research in the field of human rights.
i) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means.
j) encourage the efforts of non-governmental organizations and institutions working in the field of human rights.

Ø A State Commission may inquire into violation of human rights only in respect of matters in the State list and Concurrent list.

·       Limitations of NHRC

ü NHRC does not have any mechanism of investigation. In majority cases, it asks the concerned Central and State Governments to investigate the cases of the violation of Human Rights

ü It has been termed as ‘India’s teasing illusion’ by Soli Sorabjee (former Attorney-General of India) due to its incapacity to render any practical relief to the aggrieved party.

ü NHRC can only make recommendations, without the power to enforce decisions.

ü Many times NHRC is viewed as post-retirement destinations for judges and bureaucrats with political affiliation moreover, inadequacy of funds also hampers it’s working.

ü A large number of grievances go unaddressed because NHRC cannot investigate the complaint registered after one year of incident.

ü Government often out rightly rejects recommendation of NHRC or there is partial compliance to these recommendations.

ü State human rights commissions cannot call for information from the national government, which means that they are implicitly denied the power to investigate armed forces under national control.

ü National Human Rights Commission powers related to violations of human rights by the armed forces have been largely restricted.