National Human Rights Commission (NHRC): Key Facts

Why in news?

NHRC sent a notice to Rajasthan for wrong blood transfusion for a boy in a government hospital.

About NHRC

• Establishment of NHRC:
  • Date: Established on October 12, 1993, under the Protection of Human Rights Act (PHRA), 1993.
  • Objective: To promote and protect human rights in India as per the Indian Constitution and international human rights covenants.
• Constitutional Framework:
  • The NHRC operates in accordance with the Paris Principles which align with international human rights standards.
• Composition of NHRC:
  • Chairperson: A former Chief Justice of India or Supreme Court judge.
  • Five Full-time Members: Experts in human rights, including at least one woman.
  • Seven Ex-Officio Members: Chairpersons of other national commissions such as the National Commission for Women, Minorities, SCs, STs, and Persons with Disabilities.
• Appointment of Members:
  • Appointed by the President of India based on recommendations from a six-member committee.
  • The committee includes the Prime Minister, Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha, Leaders of Opposition in both houses, and Union Home Minister.
• Tenure:
  • Chairperson and Members serve a term of 3 years or until the age of 70, whichever is earlier.
  • After the term, they cannot seek further employment in the Central or State Governments.
• Key Functions of NHRC:
  • Investigate Human Rights Violations: Initiates inquiries based on complaints or suo motu.
  • Visit Detention Centres: Assess conditions and recommend improvements.
  • Legal Intervention: Can intervene in court proceedings involving human rights violations.
  • Compensation and Relief: Recommend compensation or legal proceedings against violators.
  • Human Rights Education: Promote awareness and literacy about human rights in India.
• Powers of NHRC:
  • Civil Court Powers: Can summon reports and evidence.
  • Recommend Actions: Can recommend compensation, initiate legal action, or request the government to take steps.
  • Engage Investigation Agencies: Utilizes central and state government agencies for inquiries.
• Shortcomings of NHRC:
  • Non-Binding Recommendations: NHRC’s recommendations are not legally enforceable, limiting impact.
  • No Punitive Authority: It cannot impose penalties or directly offer relief to victims.
  • Limited Jurisdiction Over Armed Forces: NHRC’s role is restricted in military-related human rights violations.
  • Time Limitation: NHRC cannot inquire into violations reported after one year.
  • Resource Constraints: Limited funding and personnel hinder effective functioning.
  • Perceived Lack of Independence: Appointments from the government raise concerns about political influence.
  • Reactive Role: NHRC often acts after violations occur, lacking a preventive approach.
• Reforms to Strengthen NHRC:
  • Grant Enforcement Powers: Make NHRC’s recommendations legally binding to enhance accountability.
  • Broaden Jurisdiction: Extend powers to investigate armed forces and non-state actors.
  • Diverse and Inclusive Composition: Appoint members from civil society, activists, and human rights experts to provide a broader perspective.
  • Proactive Role: Shift from a reactive approach to proactive interventions for preventing violations.
  • Resource Allocation: Increase funding and staffing to improve investigations and public outreach.
• Significance of NHRC:
  • The NHRC plays a pivotal role in protecting human rights in India, but needs reforms to enhance its effectiveness.
  • By focusing on preventive measures, better resource management, and empowering the Commission, India can improve human rights protection.