Understanding the National Human Rights Commission (NHRC)

The question asks us to identify the correct statement among the given options regarding the National Human Rights Commission (NHRC) of India. The NHRC is a statutory body established under the Protection of Human Rights Act, 1993, responsible for the promotion and protection of human rights in the country.

Analyzing Each Statement about NHRC

Let's carefully examine each statement provided in the options:

• Statement 1: It consists of 10 members.

  This statement is incorrect. The composition of the National Human Rights Commission is defined by the Protection of Human Rights Act, 1993 (as amended). It typically includes:

  • A Chairperson (a retired Chief Justice of the Supreme Court of India).
  • One member who is or has been a Judge of the Supreme Court.
  • One member who is or has been the Chief Justice of a High Court.
  • Two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.

  Additionally, the Chairpersons of certain other National Commissions (like National Commission for Minorities, National Commission for the Scheduled Castes, National Commission for the Scheduled Tribes, National Commission for Women, etc.) are considered as Deemed Members of the NHRC for specific purposes. The total number is not fixed at exactly 10 members.

• Statement 2: Its powers are only recommendatory in nature.

  This statement is correct. While the NHRC has significant powers to inquire into human rights violations, summon witnesses, call for documents, and even recommend compensation to victims, its recommendations are generally not binding on the government (either Central or State). The government is required to report on the action taken on the Commission's recommendations, but it is not legally bound to implement them. The nature of the National Human Rights Commission's powers is primarily recommendatory.

• Statement 3: Mumbai serves as its Headquarters.

  This statement is incorrect. The Headquarters of the National Human Rights Commission (NHRC) of India is located in New Delhi.

• Statement 4: Its chairman must be sitting judge in the Supreme Court.

  This statement is incorrect. According to the Protection of Human Rights Act, the Chairperson of the National Human Rights Commission must be a person who has been a Chief Justice of the Supreme Court of India. A sitting judge cannot be appointed as the Chairperson. While a retired Judge of the Supreme Court can be a member, the requirement for the Chairperson is specifically a retired Chief Justice of the Supreme Court.

Summary of Statements

Based on the analysis of each statement and the legal provisions governing the National Human Rights Commission, the only correct statement is that its powers are only recommendatory in nature.

Revision Table: Key Facts about NHRC India

Additional Information: NHRC Functions and Limitations

The National Human Rights Commission plays a crucial role in safeguarding human rights in India. Its functions include:

• Inquiring into violations of human rights or negligence in the prevention of such violations.
• Visiting jails and other institutions to study living conditions of inmates and make recommendations.
• Reviewing constitutional and legal safeguards for human rights and recommending measures for their effective implementation.
• Reviewing factors that inhibit the enjoyment of human rights, including acts of terrorism, and recommending appropriate remedial measures.
• Studying treaties and international instruments on human rights and making recommendations for their effective implementation.
• Undertaking and promoting research in the field of human rights.
• Spreading human rights literacy and promoting awareness.
• Encouraging the efforts of Non-Governmental Organisations working in the field of human rights.

Despite these extensive functions, a significant limitation of the NHRC, as highlighted in the correct statement, is the recommendatory nature of its powers. While its reports and recommendations carry moral authority, they are not legally binding on the government, which can sometimes limit its effectiveness in ensuring compliance and justice.