National Human Rights Commission is a statutory body, established under the Protection of Human Rights Act, 1993. The commission is the watchdog of human rights in the country. The commission is responsible for the protection and promotion of "rights to life, liberty, equality and dignity of the individual guaranteed by the Constitution or enshrined in the International Covenants". The current Chairman of National Human Rights Commission is Arun Kumar Mishra.

There have been questions on the topic of the National Human Rights Commission in the UPSC exams earlier. This article is useful for Prelims 2023 preparation and UPSC Mains 2023 as well.

National Human Rights Commission

• The National Human Rights Commission (NHRC) of India was created on October 12, 1993. 
• It is formed under the Protection of Human Rights Act (PHRA), 1993, as modified by the Protection of Human Rights (Amendment) Act, 2006.
• It is consistent with the Paris Principles, which were agreed at the first international workshop on national institutions for the promotion and protection of human rights in Paris in October 1991 and approved by the United Nations General Assembly in its Regulations of December 20, 1993.
• The NHRC embodies India's interest in the promotion and preservation of human rights.
• The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in India.

Autonomy to NHRC

• The autonomy of the Commission derives, inter-alia, from the method of appointing its Chairperson and Members, there fixity of tenure, and statutory guarantee thereto, the status they have been accorded and the manner in which the staff responsible to the Commission – including its investigating agency- will be appointed and conduct themselves. 
• The financial autonomy of the Commission is spelt out in the Act. 

National Human Rights Commission - Objective

The specific objectives of the establishment of the commission are:

• To develop institutional structures that will allow human rights concerns to be handled in their whole in a more focused manner.
• To investigate complaints of abuses independently of the government, in a way that highlights the government's commitment to human rights protection.
• To supplement and reinforce previous efforts in this area.

Composition of NHRC

According to the NHRC Act the commission shall consist of:

• A Chairperson who has been a retired chief justice of India or a judge of the Supreme Court.
• One member who is or has been the judge of the Supreme Court.
• One member who is or has been the Chief Justice of a High Court.
• Three members to be appointed from amongst persons having knowledge of practical experience in matters relating to human rights. From two to three, out of which one must be a woman.
• In addition to this there will be seven ex-officio members of the Commission:
  • The Chairperson of the National Commission for Minorities.
  • The Chairperson of National Commission for Scheduled Castes
  • The Chairperson of National Commission for Scheduled Tribes
  • The Chairperson of National Commission for Women
  • The Chairperson of the National Commission for Backward Classes, 
  • The Chairperson of the National Commission for the Protection of Child Rights 
  • The Chief Commissioner for Persons with Disabilities
• Besides these nominated members there is a Secretary-General who is the Chief Executive Officer of the Commissions and exercises such power and discharges such duties of the Commission as it may delegate to him. 
• All the decisions and order of the Commission are examined by the Secretary-General or any other officer of the Commission who is duly authorised by the Chairperson.

Appointment of Chairman and Other Members of NHRC

• The Chairperson and other members of the Commission are appointed by the President of India.
• Every appointment under this session is made after obtaining the recommendation of a committee consisting of:
  • The Prime Minister as Chairperson of this Committee.
  • Speaker of the Lok Sabha.
  • Minister in charge of the Ministry of Home Affairs in Government of India.
  • Leader of the opposition of both the Houses of the Parliament.
  • Deputy Chairman of the Rajya Sabha.

Term of office of Members

• The Chairperson or the Members of the National Human Rights Commission holds office for a term of three years or until they attain the age of 70 years, whichever is earlier.
• Note: Earlier the tenure of office was 5 years or 70 years whichever is earlier but the Protection of Human Rights (Amendment) Bill 2019 brought in certain changes.

Removal of A Member of The Commission

• Protection of Human Rights Act, describes the procedures and ground for the removal of any member of the Commission. 
• Proved misbehaviour or incapacity: According to the Chairperson or any other members of the Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity, after the Supreme Court, or reference being made to it by the President has on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such other members, or as the case may be, ought on any such ground to be removed. 
• The President may remove the Chairman or any other members if he:
  • Adjudged an insolvent
  • Office of profit: Engages during his term of office in any paid employment outside the duties of his office
  • Unfit to continue in office by reason of infirmity of mind or body 
  • Unsound mind and stands so declared by a competent court
  • Convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.

Function of The National Human Rights Commission

• The Commission shall perform all or any of the following functions, namely:
• Inquire, on its own initiative or on a petition presented to it by a victim or any person on his behalf, into complaint of violation of human rights or abatement or negligence in the prevention of such violation, by a public servant;
• intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
• 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 condition of the inmates and make recommendations thereon;
• Review the safeguards 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;
• Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
• Study treaties and other international instruments on human rights and make recommendations for their effective implementation;
• Undertake and promote research in the field of human rights;
• 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;
• Encourage the efforts of non-Governmental organizations and institutions working in the field of human rights;
• Such other functions as it may consider necessary for the promotion of human rights.

Powers vested with the Commission relating to Inquiries

While inquiring into complaints under the Act, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular the following, namely;

• Summoning and enforcing the attendance of witnesses and examining them on oath;
• discovery and production of any document;
• receiving evidence on affidavits;
• requisitioning any public record or copy thereof from any court or office;
• issuing commissions for the examination of witnesses or documents;
• any other matter which may be prescribed.

Role of National Human Rights Commission

• The commission's functions are mostly advisory in nature. 
• It has no authority to punish human rights violations or to grant any redress, including monetary assistance, to victims. 
• Notably, its suggestions are not enforceable by the relevant government or body. However, it should be notified within one month of any action taken in response to its recommendations.
• Furthermore, the commission's purpose, powers, and jurisdiction into violations of human rights by members of the armed services are restricted. 
• The commission may request a report from the Central Government in this area and offer recommendations. 
• Within three months, the Central Government shall notify the Commission of the actions taken in response to the recommendations.
• Report: The commission presents yearly or special reports to the Central Government and the respective state governments. 
  • These reports are presented to the different legislatures, together with a summary of action taken on the commission's recommendations and the reasons for not accepting any of them.

Limitation on NHRC

• NHRC cannot take any action against violation of Human rights by private parties
• The Recommendations made by the NHRC are not binding.
• NHRC cannot penalize the authorities that don’t implement its recommended orders.
• The NHRC has limited jurisdiction over cases related to armed forces
• The NHRC cannot hold jurisdiction in the following cases:
  • Cases older than one year.
  • Cases that are anonymous, pseudonymous, or vague.
  • Frivolous cases.
  • Cases pertaining to service matters.

Evolution of Human Rights Commission

• The Universal Declaration of Human Rights which was adopted on 10th December 1948 and subsequently covenants on economic, social and cultural rights, 1976 and covenants on civil and political rights, 1976 had already laid down the legal foundations of human rights.
• Human Rights Day is observed every year on 10 December, which is the ann
• National Human Rights Commission
• iversary of the UDHR
• They were not binding on the member nations of the United Nations, though there was pressure on nations to make these rights legally and enforceable and at least to establish a national organization in the country to oversee the remedial of human rights violation.
• It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of 20 December 1993.
• Since India was closely and actively participating in all these developments, it became obligatory to set up the National Human Right Institute in the Country.

Conclusion

As a result, civil society organisations must employ targeted lobbying strategies to mobilise citizens around the country. For reform initiatives to be successful, ordinary people must take an active interest in good government and human rights. The Lok Sabha adopts the Protection of Human Rights (Amendment) Bill, 2019, amending the Protection of Human Rights Act, 1993, to make the National Human Rights Commission (NHRC) more inclusive and efficient.

FAQs

MCQs

1. Under which act was the National Human Rights Commission (NHRC) established?

A) Protection of Human Rights Act, 1993
B) Indian Constitution Act, 1950
C) Human Rights Promotion Act, 1986
D) Legal Rights Act, 1990

2. Who typically serves as the Chairperson of the NHRC?

A) The Prime Minister
B) A former Chief Justice of the Supreme Court
C) A senior human rights activist
D) The President of India

3. What kind of body is the NHRC?

A) A fully judicial body
B) A quasi-judicial body
C) An executive body
D) A non-statutory body

4. Which of the following is not a function of the NHRC?

A) Investigating complaints of human rights violations
B) Enforcing its decisions
C) Promoting human rights awareness
D) Recommending policy changes to the government

5. How can the NHRC initiate action on human rights violations?

A) Only through formal complaints
B) Only through court orders
C) Through suo motu cognizance
D) Only after presidential approval

GS Mains Questions and Model Answers

Q1: Evaluate the role of the National Human Rights Commission (NHRC) in promoting and protecting human rights in India.

Answer: The NHRC plays a crucial role in promoting and protecting human rights in India. Established under the Protection of Human Rights Act, 1993, it acts as a watchdog to monitor violations and ensure the government adheres to human rights standards. The NHRC investigates complaints, conducts inquiries, and can recommend compensation to victims or policy changes to prevent future violations. Its role extends to awareness campaigns and research to foster a human rights culture. Despite these contributions, the NHRC's effectiveness is sometimes questioned due to its limited enforcement power and dependency on the government to act on its recommendations. Strengthening the NHRC's authority and addressing resource constraints can enhance its ability to protect human rights more effectively.

Q2: Discuss the challenges faced by the National Human Rights Commission (NHRC) in fulfilling its mandate.

Answer: The NHRC faces several challenges in fulfilling its mandate. One major issue is its limited enforcement power, as its recommendations are not legally binding. This dependency on government action can weaken its impact. Additionally, the NHRC is often constrained by limited financial and human resources, which hinders its ability to conduct extensive investigations and follow-ups. The scope of the NHRC’s mandate also does not cover human rights violations by private entities, which limits its reach. To overcome these challenges, there is a need for legislative reforms that strengthen its powers, allocate more resources, and expand its jurisdiction to cover a wider range of violations.

Q3: Analyze how the NHRC’s recommendations contribute to policy changes in India.

Answer: The NHRC’s recommendations play an important role in influencing policy changes and promoting human rights in India. By conducting investigations and providing reports on human rights violations, the NHRC highlights systemic issues that need addressing. Its recommendations often lead to policy changes aimed at enhancing legal protections and preventing future violations. For example, recommendations on prison reforms and police conduct have led to amendments in related policies. Although these contributions are significant, the non-binding nature of the NHRC’s recommendations means their implementation depends on the willingness of the government. Strengthening the NHRC’s authority to ensure its recommendations are taken more seriously could further enhance its impact on policy and human rights protections.

Previous Year Questions on NHRC

1. UPSC CSE Prelims 2019:

Question: The National Human Rights Commission (NHRC) was established under which of the following acts?

A) Protection of Human Rights Act, 1993
B) Right to Information Act, 2005
C) National Commission Act, 2000
D) Social Justice Act, 1998

Answer: (A)

Explanation: The NHRC was established under the Protection of Human Rights Act, 1993, to promote and protect human rights in India.

2. UPSC CSE Mains 2017 (GS Paper 2):

Question: "Assess the significance of statutory bodies like the National Human Rights Commission (NHRC) in strengthening democracy and protecting human rights in India."

Answer: Statutory bodies like the NHRC are crucial for strengthening democracy and protecting human rights in India. The NHRC serves as an independent watchdog, highlighting violations and advocating for the rights of marginalized groups. By investigating complaints and recommending policy changes, the NHRC ensures that the government remains accountable to its human rights commitments. This promotes transparency and adherence to democratic principles. However, the NHRC’s non-binding recommendations and limited enforcement powers present challenges to its effectiveness. To strengthen democracy and human rights, enhancing the NHRC’s legislative powers, ensuring sufficient funding, and expanding its jurisdiction to cover private-sector violations are necessary steps. Such measures would enable the NHRC to function more effectively and uphold the principles of justice and human dignity in India.