The Protection of Human Rights Act, 1993, established the National Human Rights Commission in 1993. The Role of the National Human Rights Commission is the protection and promotion of human rights in India. Section 2(1)(d) of the Act defines "human rights" as "individual rights to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in international covenants and enforceable by Indian courts."

In this article, let us see the role of the National Human Rights Commission(NHRC), its limitations and steps to improve in the future.

Role of National Human Rights Commission

General Powers

• Take suo motu cognizance of, or intervene in, any matter brought before it, or in any other court with the court's authorization, including a grave violation of human rights and/or negligence in preventing such violations.
• Visit any jails or other institutions to keep an eye on how detainees are treated and make recommendations to the appropriate government.
• Examine the Indian Constitution and all other current legislation, and recommend ways to bring them up to date with current human rights standards.
• Keep an eye on India's unemployment rate and make ideas for how to minimise it.
• Ensure that international human rights norms are implemented precisely and in compliance with international treaties.
• Conduct and promote research, as well as raise awareness about the area using a variety of multimedia sources, to guarantee that the greatest number of people in the country are aware of it.
• In the case that the Chairperson is incapacitated or the members are requested to do so by the President of India, the members of the NHRC have the authority to assume the office or duties of the Chairperson.
• The NHRC has the jurisdiction to make recommendations to the relevant government authority for payments relating to victim compensation.
• It has the authority to suggest that action be taken against a disgruntled public servant to the appropriate authorities.
• It has the competence to suggest to the appropriate government authority the provision of interim remedies to a victim.

Powers related to Inquiries

• The Commission is given the powers of a Civil Court in investigating complaints lodged under the Act, including the ability to try a suit according to the directives of the Code of Civil Procedure, 1908, in particular matters as prescribed, including but not limited to
  • Obtaining a summons and conducting an oath-taking examination of a witness
  • Documentation creation
  • Obtaining affidavits as evidence
  • issuing subpoenas for witnesses and documents to be examined
• In addition to these powers, the NHRC has the authority to compel an individual to provide information that the Commission deems necessary in a case, as well as to enter any premise where they have reason to believe certain documents may be found, which they deem necessary in a case, and to seize and copy them.

Powers related to Investigation

• After receiving approval from the Central or State Governments, the NHRC has the authority to use agencies to conduct investigations in regard to any inquiry lodged with them.
• To ensure the quality and validity of data obtained, the NHRC might conduct any investigation and question any witness as necessary to meet this purpose.
• Furthermore, if the NHRC deems it necessary to investigate any individual and believes that their reputation may serve as a bias for or against them in a trial, it has the authority to offer such individuals an opportunity to defend themselves and be heard in the proceedings.

Composition

• Chairperson: The chairperson is either a retired Chief Justice of India or a Supreme Court judge.
• The President appoints them based on the recommendations of a six-member commission that includes:
  • Leaders of the Opposition in both Houses of Parliament
  • Union Home Minister
  • Prime Minister (head)
  • Speaker of the Lok Sabha
  • Deputy Chairman of the Rajya Sabha
• A current or retired Supreme Court judge is one of the members.
• A serving or retiring Chief Justice of a High Court is one of the members.
• Three Members: Having knowledge of or practical expertise with human rights issues. (One must be a Woman)
• Seven ex-officio members: Chairpersons of the National Commission for Scheduled Castes and Scheduled Tribes, National Commission for Minorities and National Commission for Women, National Commission for Backward Classes, the National Commission for the Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities

Case Studies

• The Commission boasted of having registered 19,50,695 cases and disposed of 19,32,533 cases on Human Rights Day 2020.
• On the Commission's recommendations, it also compensated about ₹2 billion to victims of human rights crimes across numerous state agencies.
• The NHRC has time and again looked into the issue of custodial deaths and has given necessary guidelines to the police and have requested a probe by the CBI.
• In 2007, a person named Suraj Singh was killed in a police encounter in Sultanpur, UP. The NHRC found that the police staged the killings.
• NHRC took a suo-moto case into the post-poll violence in West Bengal in 2021.
• The NHRC took up a suo-moto case on the dragging legal fight by the Chakma Refugees.

Limitations

• Toothless Tiger and India’s Teasing illusion: Former Chief Justice of India, H.L.Dattu himself called NHRC a powerless body and a “toothless tiger” while investigating the alleged encounter killings in Manipur as it was inadequately equipped to deal with such cases.
• Recommendatory body: The NHRC can only make suggestions and has no authority to impose decisions. This lack of authority to guarantee compliance might also result in the decision being rejected outright.
• Investigation: It lacks independent investigative apparatus. Human rights commissions are prohibited from investigating an incident if the complaint is lodged more than one year after the occurrence occurred, according to the Protection of Human Rights Act of 1993. As a result, a huge proportion of legitimate complaints get unresolved.
• Ceremonial Body: Judges, police officers, and bureaucrats with political clout frequently regard it as a post-retirement destination. The commission's work is further hampered by bureaucratic inefficiency and a lack of finances.
• Can’t award Relief: It can only ask the authorities to approach the higher courts to provide relief to the victims due to its inability to award relief. Within one month, the responsible authority must either adopt its recommendations or express its reasons for not doing so.
• Armed forces outside its purview: In the case of armed forces, the Commission is unable to investigate the breach and must depend on the Centre's findings.

Way Forward

• Provide more powers: The government should have the ability to enforce its recommendations. If commission rulings are made enforceable by the government, their effectiveness will be considerably increased.
• Narrow down the definition of Armed Forces: Only the army, navy, and air force should be included in the definition. Furthermore, even under these situations, the Commission should be authorized to investigate accusations of human rights violations independently.
• Commissions Composition: Ex-bureaucrats should not be included in NHRCs; instead, civil society, human rights campaigners, and others should be included.
• Amendment to the law: Human rights breaches are frequently caused by law enforcement agents misusing the law. As a result, laws that are weak should be strengthened, while laws that are in violation of human rights should be changed or repealed.
• Investigating staff: Instead of relying on delegation, the NHRC should hire its own independent investigators.

Conclusion

• The powers provided to the NHRC could be expanded in a variety of ways to improve its efficacy and efficiency in the process of bringing justice to victims of human rights violations.
• In order to successfully fulfill its tasks, the NHRC must be empowered and free of bureaucratic and political control. It must have the freedom to make decisions that will have a tangible and substantial influence on the situation.
• Making it an independent entity, with greater powers and a stronger voice in the larger picture, would fundamentally alter the way the country operates and give it international clout.

FAQs

MCQs

1. Under which Act was the NHRC established?

A. Protection of Human Rights Act
B. Indian Penal Code
C. Representation of the People Act
D. Armed Forces Special Powers Act

2. What is one of the key powers of NHRC?

A. Legislative drafting
B. Investigation of human rights violations
C. Law enforcement
D. Judicial review

3. Who appoints the Chairperson of NHRC?

A. Chief Justice of India
B. President of India
C. Prime Minister
D. Lok Sabha Speaker

4. Which of the following is a limitation of NHRC?

A. Can enforce decisions
B. Can only make recommendations
C. Has no investigative powers
D. Has judicial powers

5. Can NHRC investigate cases involving the armed forces?

A. Yes
B. No, but it can recommend action
C. Only if directed by the government
D. Yes, with prior approval

GS Mains Questions and Model Answers

Q1: Discuss the role of the NHRC in promoting human rights in India.

Answer: The NHRC plays a vital role in promoting human rights by investigating violations, conducting research, and raising awareness. It takes suo motu cognizance of human rights violations and recommends compensation for victims. Despite its powers, NHRC remains a recommendatory body, limiting its ability to enforce decisions. Strengthening its enforcement powers could enhance its effectiveness in protecting human rights.

Q2: Evaluate the limitations of the NHRC and suggest reforms to enhance its efficacy.

Answer: The NHRC is often termed a "toothless tiger" due to its inability to enforce decisions. While it can investigate and recommend actions, it lacks independent investigative staff and cannot enforce its decisions. Reforms such as granting enforcement powers, increasing autonomy, and reducing bureaucratic delays could strengthen the NHRC’s role in protecting human rights.

Q3: Analyze the significance of the NHRC in ensuring compliance with international human rights standards.

Answer: The NHRC plays a key role in ensuring India complies with international human rights standards. It monitors government policies and advises on aligning them with global human rights norms. However, its effectiveness is hindered by limitations in enforcement powers and political interference. To improve compliance, the NHRC needs more independence and authority.

Previous Year Questions on the NHRC

1. UPSC CSE Prelims 2020

Question: Under which Act was the NHRC established?
A. Right to Information Act
B. Protection of Human Rights Act
C. Prevention of Corruption Act
D. Disaster Management Act

Answer: B

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

2. UPSC CSE Mains 2019 (GS Paper 2)

Question: "Evaluate the effectiveness of the NHRC in upholding human rights in India."

Answer: The NHRC has been effective in investigating human rights violations and recommending reforms. However, its inability to enforce its recommendations limits its impact. While it has been instrumental in highlighting issues such as custodial deaths and police violence, its powers need to be strengthened for more robust protection of human rights.