National Human Rights Commission (NHRC): Its Origin and Structure

Origin:

• Mandate: The NHRC is tasked with protecting and promoting rights relating to life, liberty, equality, and dignity of individuals as guaranteed by the Constitution or international covenants.
• Establishment: The NHRC was established under the Protection of Human Rights Act, 1993, following India's commitment to uphold international human rights standards.
  
  

Structure:

• Selection Committee: Appointments to the NHRC are made by the President of India, based on recommendations from a committee that includes the

§  Prime Minister (Chairman),

§  Speaker of the Lok Sabha,

§  Union Home Minister,

§  Deputy Chairman of the Rajya Sabha, and

§  Leaders of the Opposition in both Houses of Parliament.

• Membership: The commission comprises of 8 members-

a)      Chairperson, typically a former Chief Justice of India,

b)      Five full-time members, including judges from the Supreme Court and high courts, and

c)      Three members with practical experience in human rights.

d)      Additionally, chairpersons of the National Commissions for SC/ST/Minorities/Backward Classes/Women/Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities serve as ex officio members.

Term and Removal:

1. Service Term: Members serve for a term of three years or until they attain the age of 70 years, whichever is earlier.

2.Removal: Members can be removed by the President for reasons including insolvency, engagement in paid employment outside their duties, or infirmity of mind.

NHRC: Functions and Significance

Functions:

1. Investigation: Investigates human rights violations by public officials, either suo motu or upon receiving a complaint.

2. Prevention and Safeguard: Reviews conditions in prisons, recommending improvements to ensure humane treatment.

3.Research: Promotes and supports research in the field of human rights, leveraging the expertise of NGOs.

4.Treaty Implementation: Reviews international human rights treaties and recommends steps for effective implementation.

5.Intervention: May intervene in court proceedings involving human rights allegations, with the court's approval.

6.Inspections: Regularly visits jails and detention centers to assess and report on the conditions of inmates.

7.Addressing Terrorism: Analyzes factors contributing to terrorism and suggests measures to mitigate such factors.

Significance:

1.Human Rights Watchdog: Acts as a crucial watchdog for human rights in India, aiming to ensure the protection of fundamental right

2.Implementation of Rights: Although it cannot enforce its recommendations, its reports and findings influence government policies and actions significantly.

NHRC: Criticisms and Challenges

1. Non-Binding Recommendations: The NHRC's recommendations are not legally binding on the government, which can limit their effectiveness.

2. Limited Investigative Scope: Cannot investigate cases older than one year or cases that are anonymous, frivolous, or pertain to service matters.

3.Exclusion from Armed Forces: Lacks jurisdiction over issues involving the armed forces, focusing only on civilian cases.

4.Perceived Judicial Dominance: The commission's leadership and operations are heavily influenced by former judges, which some critics argue may skew its approach to more judicial rather than proactive human rights advocacy.

About State Human Rights Commission (SHRC)

Origin and Mandate:

1.Formation: SHRCs were established under the same Protection of Human Rights Act, 1993, with around 26 states in India having their own commissions.

2.Mandate: SHRCs are authorized to inquire into human rights violations concerning subjects listed in the State List and the Concurrent List of the Indian Constitution.

Structure and Functions:

1.Appointment: Members are appointed by the state's Governor based on a committee headed by the Chief Minister.

2.Powers: Like the NHRC, SHRCs have the powers of a civil court and can regulate their own procedures.

3.Functions: Can recommend compensation, initiate prosecution, and provide interim relief to victims of human rights violations.

Reporting:

1.Accountability: SHRCs submit annual or special reports to the state government, which are then presented before the state legislature.

This comprehensive overview highlights the critical roles played by both NHRC and SHRCs in monitoring and advocating for human rights within India, despite facing certain structural and operational challenges. Their efforts are vital in promoting a more just and equitable society.

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Practice Questions-

MCQ 1:

Question: Which act led to the establishment of the National Human Rights Commission (NHRC) in India?

A. Indian Penal Code

B. Protection of Human Rights Act, 1993

C. Constitution of India, 1950

D. Civil Rights Act, 1964

Answer: B. Protection of Human Rights Act, 1993

Explanation: The NHRC was established under the Protection of Human Rights Act, 1993. This act was enacted to provide for the creation of both the National and State Human Rights Commissions and to ensure compliance with international human rights conventions.

MCQ 2:

Question: Who appoints the members of the National Human Rights Commission (NHRC)?

A. The Supreme Court of India

B. The President of India

C. The Prime Minister of India

D. The Parliament of India

Answer: B. The President of India

Explanation: Members of the NHRC are appointed by the President of India, based on the recommendations of a committee comprising the Prime Minister, Speaker of the Lok Sabha, Union Home Minister, Deputy Chairman of the Rajya Sabha, and Leaders of the Opposition in both Houses of the Parliament.

MCQ 3:

Question: What is the maximum term for members of the NHRC?

A. Five years or until 65 years of age

B. Four years or until 62 years of age

C. Three years or until 70 years of age

D. Six years or until 68 years of age

Answer: C. Three years or until 70 years of age

Explanation: Members of the NHRC serve for a term of three years or until they attain the age of 70 years, whichever is earlier.

MCQ 4:

Question: Which of the following is NOT a function of the NHRC?

A. To intervene in any proceeding involving an allegation of violation of human rights

B. To penalize government bodies for non-compliance with its recommendations

C. To study treaties and suggest measures for their effective implementation

D. To visit jails to study the living conditions of inmates

Answer: B. To penalize government bodies for non-compliance with its recommendations

Explanation: The NHRC does not have the power to penalize authorities that do not implement its recommended orders. Its role is primarily advisory and investigative, and its recommendations are not legally binding.

MCQ 5:

Question: What specific function does the State Human Rights Commission (SHRC) have?

A. To investigate human rights violations by the armed forces

B. To inquire into any violation of human rights only in respect of subjects in the State List and the Concurrent List

C. To directly amend state laws regarding human rights

D. To enforce international human rights treaties

Answer: B. To inquire into any violation of human rights only in respect of subjects in the State List and the Concurrent List

Explanation: SHRCs have the authority to inquire into human rights violations with respect to subjects mentioned in the State List and the Concurrent List of the Indian Constitution. This distinction allows them to address local issues more effectively.