NHRC Launches Probe into Nepalese Student’s Death and Alleged Assault at KIIT

National Human Rights Commission (NHRC) – Overview

• The National Human Rights Commission (NHRC) has ordered a high-level inquiry into the alleged suicide of a Nepalese student at Kalinga Institute of Industrial Technology (KIIT) and the reported assault on Nepalese students.
• The probe will also cover allegations of tribal student exploitation and land acquisition irregularities by the university.

Establishment and Objectives of NHRC

Establishment

• Constituted on October 12, 1993, under the Protection of Human Rights Act (PHRA), 1993 as a statutory body.

Objectives

• Investigate human rights violations and recommend corrective measures.
• Strengthen institutional frameworks for human rights enforcement.
• Collaborate nationally and internationally to enhance human rights awareness.

Composition of NHRC

Chairperson

• A former Chief Justice of India or a Supreme Court Judge.

Full-Time Members

• Five members, including retired judges and human rights experts (at least one woman).

Ex-Officio Members

Chairpersons of seven national commissions:

• National Commission for Minorities
• National Commission for Scheduled Castes (SCs)
• National Commission for Scheduled Tribes (STs)
• National Commission for Women
• National Commission for Backward Classes (BCs)
• National Commission for Protection of Child Rights (NCPCR)
• Chief Commissioner for Persons with Disabilities

Appointment and Tenure

• Appointed by the President of India based on recommendations from a six-member committee including:
  • Prime Minister
  • Leaders of Opposition (Lok Sabha & Rajya Sabha)
  • Speaker of Lok Sabha
  • Deputy Chairman of Rajya Sabha
  • Union Home Minister
• Tenure: Three years or until 70 years of age, whichever comes first.

Functions and Powers of NHRC

Key Functions

• Investigate human rights violations and recommend action.
• Inspect prisons and detention centers to assess conditions.
• Provide compensation, initiate legal proceedings, and intervene in court cases.
• Review laws and suggest reforms for human rights protection.
• Collaborate with global human rights organizations for capacity building.

Powers of NHRC

• Functions like a civil court:
  • Summoning witnesses
  • Examining evidence
  • Requisitioning public records
• Recommends interim relief and compensation for victims.
• Can approach the Supreme Court or High Courts for legal directives.

Significance of NHRC

• Ensures Accountability – Holds authorities responsible for human rights violations.
• Empowers Marginalized Groups – Acts as a voice for vulnerable communities.
• Strengthens Governance – Bridges the gap between citizens and the state.
• Aligns with Global Standards – Integrates international human rights norms into India’s legal framework.

Challenges Faced by NHRC

• Non-Binding Recommendations – Lacks enforcement power to compel action.
• Limited Jurisdiction – Cannot investigate cases involving armed forces and private actors.
• Resource Constraints – Insufficient funding and staffing hinder efficiency.
• Time-Barred Complaints – Cannot accept cases filed one year after the incident.
• Political Influence – Appointments raise concerns about autonomy.

Reactive Approach – Often addresses issues only after violations occur.