National Human Rights Commission (NHRC)

“To deny people their human rights is to challenge their very humanity”.    — Nelson Mandela

ESTABLISHMENT OF THE COMMISSION

The National Human Rights Commission is a statutory ( not a constitutional) body. It was established on 12
October, 1993 by the Parliament, as per provisions of Protection of Human Rights Act (PHRA), 1993.

president promulgated the Protection of Human Rights Ordinance on September 28, 1993. Subsequently, the Protection of
Human Rights Bill, 1993, was passed by both the Houses of Parliament and received the assent of the President on January
8, 1994. The act came into force with retrospective effect from September 28, 1993.

● It was amended by the Protection of Human Rights (Amendment) Act, 2006 and Human Rights
(Amendment) Act, 2019.
● Its headquarter is located in New Delhi and the Commission may, with the previous approval of the Central
Government, establish offices at other places in India.
● It is the watchdog of human rights in the country, i.e., the rights related to life, liberty, equality and
dignity of the individual guaranteed by Indian Constitution or embodied in the international covenants and
enforceable by courts in India.

Definition Of Human Rights

● Section 2(1)(d) of the Protection of Human Rights Act defines Human Rights as the rights relating to life,
liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International
Covenants and enforceable by courts in India.

"International covenants' means

● the International Covenant on Civil and Political Rights and
● the International Covenant on Economic, Social and Cultural Rights
adopted by the General Assembly of the United Nations on December 16, 1966 and such other Covenant or
Convention adopted by the General Assembly of the UN as the Central Government may specify.
The Indian government acceded to these two International Covenants on April 10, 1979.

What are Human Rights?

▪ As per UN definition these rights are inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status.
▪ Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression,
the right to work and education, and many more.
▪ These are entitled to everyone, without any discrimination.
Evolution Of Human Rights Commission

● Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly
in Paris on 10 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.
● It is a milestone declaration in the history of human rights which sets out, for the first time, fundamental
human rights to be universally protected.
● Human Rights Day is observed every year on 10 December, which is the anniversary of the UDHR.
● In due time the growing importance of strengthening national human rights institutions has been recognized
and in oct-1991, a UN meeting in Paris has developed a detailed set of principles i.e. Paris Principles.
● 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.
● NHRC was established 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.
● These principles became the foundation for the establishment and operation of national human rights
institutions.
● In pursuant to these principles, India has enacted the Protection of Human Rights Act, 1993, with a view
to bring about greater accountability and strengthening of the human rights in the country.
● This act also authorized State Governments to establish State Human Right Commission.

The Human Rights Council

▪ The Human Rights Council is an inter-governmental body created by the United Nations General Assembly resolution on
15 March 2006.
▪ It has replaced the former United Nations Commission on Human Rights.
▪ It is responsible for strengthening the promotion and protection of human rights around the globe and for addressing
situations of human rights violations and make recommendations on them.
▪ It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. It
meets at the UN Office at Geneva.
▪ The Council is made up of 47 United Nations Member States which are elected by the UN General Assembly.
The specific objectives of the establishment of the commission are:
▪ (a) To strengthen the institutional arrangements through which human rights issues could be
addressed in their entirety in a more focussed manner;
▪ (b) To look into allegations of excesses, independently of the government, in a manner that would
underline the government's commitment to protect human rights, and
▪ (c) To complement and strengthen the efforts that have already been made in this direction.

What is the composition of NHRC and its various divisions?

3. Composition of NHRC

● NHRC is an autonomous institution.

● It is a multi-member body composed of a Chairperson and eight other members.
● Those eight members are:
o Four full-time members.
o Four deemed members.
According to the NHRC Act, the commission shall consist of:

Protection of Human Rights Act Protection of Human Rights Amendment

1993 Bill 2019
Chairman of Retired Chief Justice of The commission shall consist of a Retired or Serving Chief justice of the
NHRC India chairperson who has been a Chief Supreme court or the Judge of the Supreme
Justice of the Supreme Court Court shall be the chairperson of NHRC
full-time members One who is serving or
:4 retired Judge of Supreme
Court of India
Member 1
Member 2 One who is serving or
retired Chief Justice of
a High Court
Two Members Candidates with the The bill amends this to allow three members
knowledge or practical to be appointed of which at least one will be
experience in the matters of a Woman
Human Rights
Deemed ● National Commission for The Chairpersons for seven ex-officio members
Members (4 Ex- Minorities The Bill provides for including the
officio Members) ● National Commission for chairpersons of the
● National Commission for
SC & ST Minorities, 1. NC for Minorities.
● National Commission for ● NCSC and ST and 2. NC SC
Deemed members
Women ● National Commission for 3. NCST
are chairpersons of
4. NCW
the below national Women
5. NC for Backward Classes,
commissions:
6. NC for the Protection of Child Rights
shall deemed to be Member of the 7. Chief Commissioner for Persons with
Commission
 Disabilities

as the members of NHRC

Secretary-General The act provides for a Secretary- ● Besides these nominated
General who shall be the Chief members, there is a Secretary-General
Executive Officer of the who is the Chief Executive Officer of the
Commission and shall exercise Commissions and exercises such power and
powers as may be delegated to them discharges such duties of the Commission
as it may delegate to him.
● All the decisions and orders of
the Commission are examined by the
Secretary-General or any other officer of
the Commission who is duly authorized by
the Chairperson.

Powers of ● The Bill amend this and allowed

Secretary-General the Secretary-General to exercise
all the administrative and
Financial powers (except Judicial
functions) subject to
Chairperson’s control
6. Term The Act states that the Chairperson The bill reduces the term of Office to 3 years
and Member of NHRC will hold or till the age of 70 years whichever is
office for 5 years or till the age of 70 earlier.
years, whichever is earlier
Re appointment: Eligible for reappointment for the The bill removes the five year limit of
term of five years reappointment.
After their tenure, Therefore not eligible for further
the chairman and employment under the Central or a state
members are government.

● The first chairperson of the NHRC is Justice Ranganath mitra

4. Appointment Of Chairman and Other Members Of NHRC

● The Chairperson and other members of the Commission are appointed by the President of Indiaby warrant under his hand & seal.
Every appointment under this session is made after obtaining the recommendation of a six-member committee consisting of:

✔ The Prime Minister as the Chairperson of this Committee.

✔ Speaker of the Lok Sabha.
✔ Deputy Chairman of the Rajya Sabha. Members
✔ Minister in charge of the Ministry of Home Affairs in the GOI—Home Minister.
✔ Leader of the opposition of both the Houses of the Parliament.

● Further, a sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation
with the chief justice of India.

Divisions: Commission also has five Specialized Divisions i.e.

o Law Division,
o Investigation Division,
o Policy Research & Programmes Division,
o Training Division and
o Administration Division.
5. Removal:
The chairman or members shall only be removed from his office by order of president on the ground of proved
misbehaviour or incapacity. However, in these cases, the president has to refer the matter to the Supreme Court for an
inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises, then the president can remove
the chairman or a member.

In addition, the president can remove the chairman or any member from the office under the following circumstances:

(a) If he is adjudged an insolvent; or

(b) If he engages, during his term of office, in any paid employment outside the duties of his office; or
 (c) If he is unfit to continue in office by reason of infirmity of mind or body; or
(d) If he is of unsound mind and stand so declared by a competent court, or
(e) If he is convicted and sentenced to imprisonment for an offence

8. Terms & conditions of service of chairperson & members:

The salaries, allowances and other conditions of service of the chairman or a member are determined by the Central
government. But they cannot be varied to his disadvantage after his appointment.

All the above provisions are aimed at securing autonomy, independence and impartiality in the functioning of the
Commission.

The commission can look into a matter within one year of its occurrence, i.e., In other words, it is not empowered to
inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights
is alleged to have been committed.

9. Procedure to be regulated by the commission:

The commission shall have the power to lay down the regulating its own procedure.

All the decisions and orders of the Commission are examined by the Secretary-General or any other officer of the
Commission who is duly authorized by the Chairperson.

11. Officers & other staff of the commission:

The central govt shall make available to the commission:

1. An officer of the rank of the Secretary to the GoI who shall be the Secretary-General of the commission; &
2. Such police & investigative staff under an officer not below the rank of a Director General of Police
3. Such officers & staff for efficient functioning of the commission.

12. FUNCTIONS OF THE COMMISSION

The primary function of NHRC is to conduct inquiries into violations of human rights.

1. NHRC conducts inquiries for the following categories of violations:

 Violation of right to life, liberty, equality and dignity

 Violation of international treaties to which India is a party.
 Abetment of violation of human rights by a public servant.
 Negligence of public servant in prevention of human rights violations

▪ It has all the powers of a civil court and its proceedings have a judicial character.

NHRC investigates grievances regarding the violation of human rights either Suo moto or after
receiving a petition or on an order of a court.
2. It has the power to interfere in any judicial proceedings involving any allegation of violation of human rights.

3. To visit jails and detention places to study the living conditions of inmates and make recommendation thereon.

4. To review the constitutional and other legal safeguards for the protection of human rights and recommend
measures for their effective implementation.

5. To review the factors including acts of terrorism that inhibits the enjoyment of human rights and recommend
remedial measures.

6. Study treaties & other international instruments on human right & make recommendations for their effective
implementation.

7. To undertake and promote research in the field of human rights.

8. To spread human rights literacy among various sections of the society and promote awareness of the safeguards
available for the protection of these rights through publications, media, seminars & other available means.

9. To encourage the efforts of non-governmental organizations (NGOs) working in the field of human rights.
 10. To undertake such other functions as consider necessary for the promotion of human may rights.

17. Inquiry into Complaints:

The Commission while inquiring into complaints of violations of human rights may

i. call for information or report from the Central Government or any State Government or any other authority or organization
subordinate thereto within such time as may be specified by it;
provided that –
a. if the information or report is not received within the time stipulated by the Commission, it may proceed to inquire
into the complaint on its own;
b. on the other hand, if, on receipt of information or report, the Commission is satisfied either that no further inquiry is
required or that the required action has been initiated or taken by the concerned Government or authority, it may not
proceed with the complaint and inform the complainant accordingly.

ii. If the commission considers necessary, having regard to the nature of the complaint, initiate an enquiry.

18. Steps during & after enquiry:

What steps are open to the Commission after inquiry?
The Commission may take any of the following steps during or upon the completion of an inquiry, namely:
1) Where the inquiry discloses the commission of violation of human right or negligence in the prevention of violation of human rights by
a public servant, it may recommend to the concerned Government or authority -
1. to make payment of compensation or damages to the victim/ family members;
2. to initiate proceedings for prosecution or such other suitable action as the Commission may deem fit
against the concerned person;
● Sometimes NHRC can issue directions on its own based on the seriousness of the complaint. The Commission can
also approach a court (SC or the HC concerned for such directions, orders or writs as that Court may deem necessary)and
register a criminal case against the guilty persons.
3) Recommend to the concerned Government or authority for the grant of such immediate interim relief to the victim or the members of
his family as the Commission may consider necessary.
● NHRC shall provide a copy of enquiry report to the Petitioner.
● The commission shall send a copy of its enquiry report together with its recommendations to the concerned government or
authority &

What is the responsibility of the authority/State/Central Governments to which reports/recommendations have been send by the
Commission?

● The concerned authority or govt i.e., State Government/Central Government has to indicate its comments/action taken on the
report/recommendations of the Commission within a period of one month in respect of general complaints and within three months in
respect of complaints relating to armed forces, forward its comments on the report, including the action taken or proposed to be taken
thereon, to the commission.
● The Commission shall publish its enquiry report together with its recommendations made to the Central Government and the
action taken by that Government on such recommendations.

Annual reports of the Commission :

1. The Commission shall submit an annual report to the Central Government and to the State Government concerned.

2. The Central Government and the State Government, as the case may be, shall cause the annual reports of the Commission to
be laid before each House of Parliament or the State Legislature respectively, as the case may be, along with a
memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-
acceptance of the recommendations, if any.

Recommendations made by the Commission to Government


 Pay compensation to the victim or to the victim's family
 Take disciplinary action against the guilty persons Initiate proceedings for prosecution against the concerned
person.
 Take preventive measures so as to stop further Human Rights violation
ROLE OF THE COMMISSION

From the above, it is clear that the functions of the commission are mainly recommendatory in nature.
▪ It has no power to punish the violators of human rights, nor to award any relief including monetary relief to
the victim.
Notably, its recommendations are not binding on the concerned government or authority. But, it should be
informed about the action taken on its recommendations within one month. In this context, a former member of
the Commission observed 'The government cannot wash away the recommendations made by the Commission.
The commission's role may be recommendatory, advisory, yet the Government considers the cases forwarded by
it. It is, therefore, improper to say that the commission is powerless. It enjoys great material authority and no
government can ignore its recommendation":

● Moreover, the commission has limited role, powers and jurisdiction with respect to the violation of human rights by
the members of the armed forces. In this sphere, the commission may seek a report from the Central government
and make its recommendations. The Central government should inform the Commission of the action taken on the
recommendations within three months.
● It is not empowered to act when human rights violations through private parties take place.

PERFORMANCE OF THE COMMISSION

The various human rights issues taken up by the Commission are as follows:

1. Abolition of Bonded Labour

2. Functioning of the Mental Hospitals at Ranchi, Agra and Gwalior
3. Functioning of the Government Protective Home (Women), Agra
4. Issues Concerning Right to Food
5. Review of the Child Marriage Restraint Act, 1929
6.Protocols to the Convention on the Rights of the Child
7. Preventing Employment of Children by Government Servants: Amendment of Service Rules
8. Abolition of Child Labour
9. Guidebook for the Media on Sexual Violence against Children
10. Trafficking in Women and Children: Manual for the Judiciary for Gender Sensitisation
11. Sensitisation Programme on Prevention of Sex Tourism and Trafficking
12. Maternal Anaemia and Human Rights
13. Rehabilitation of Destitute Women in Vrindavan
14. Combating Sexual Harassment of Women at the Work Place
15. Harassment of Women Passengers in Trains
16. Abolition of Manual Scavenging
17. Dalits Issues including Atrocities Perpetrated on them
18. Problems faced by Denotified and Nomadic Tribes
19. Rights of the Disabled Persons
20. Issues Related to Right to Health
21. Rights of Persons Affected by HIV / AIDS
22. Relief Work for the Victims of 1999 Orissa Cyclone
23. Monitoring of Relief Measures undertaken after Gujarat Earthquake (2001)
24. District Complaints Authority
25. Population Policy - Development and Human Rights
26. Review of Statutes, including Terrorist & Disruptive Activities Act, and (Draft) Prevention of Terrorism Bill, 2000
27. Protection of Human Rights in Areas of Insurgency and Terrorism
28. Guidelines to Check Misuse of the Power of Arrest by the Police
29. Setting up of Human Rights Cells in the State / City Police Headquarters
30. Steps to Check Custodial Deaths, Rape and Torture
31. Accession to the Convention against Torture
32. Discussion on Adoption of a Refugee Law for the Country
33. Systemic Reforms of Police, Prisons and other Centres of Detention
34. Review of Laws, Implementation of Treaties, and the International Instruments on Human Rights
35. Promotion of Human Rights Literacy and Awareness in the Educational System
36. Human Rights Training for the Armed Forces and Police, Public Authorities and Civil Society

HUMAN RIGHTS (AMENDMENT) Act, 2006

The Parliament has passed the Protection of Human Rights (Amendment) Act, 2006. The main
amendments carried out in the Protection of Human Rights Act, 1993. relate to the following issues:
1. Reducing the number of members of State Human Rights Commissions (SHRCs) from five to three
2. Changing the eligibility condition for appointment of member of SHRCS
3. Strengthening the investigative machinery avail- able with Human Rights Commissions
4. Empowering the Commissions to recommend award of compensation, etc. even during the course of
enquiry
 5. Empowering the NHRC to undertake visits 10 jails even without intimation to the state governments
6. Strengthening the procedure for recording of evidence of witnesses
7. Clarifying that the Chairpersons of NHRC and SHRCs are distinct from the Members of the respective
Commission
8. Enabling the NHRC to transfer complaints ceived hy it to the concerned SHRC
9. Enabling the Chairperson and members of the NHRC to address their resignations in writing to the
President and the Chairperson and members of the SHRCs to the Governor of the state concerned
10. Clarifying that the absence of any member in the Selection Committee for selection of the
Chairperson and member of the NHRC or the SHRCs will not vitiate the decisions taken by such
Committees
11. Providing that the Chairperson of the National Commission for the Scheduled Castes and the
Chairperson of the National Commission for the Scheduled Tribes shall be deemed to be members of the
NHRC
12. Enabling the Central Government to notify future international covenants and conventions to which
the Act would be applicable

Autonomy To NHRC

● The autonomy of the Commission derives, inter-alia, from the method of appointing its Chairperson and Members,
their 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.
Next
 

Limitations of NHRC

▪ NHRC does not have any mechanism of investigation. In majority cases, it asks the concerned Central and
State Governments to investigate the cases of the violation of Human Rights
▪ It has been termed as ‘India’s teasing illusion’ by Soli Sorabjee (former Attorney-General of India) due to its
incapacity to render any practical relief to the aggrieved party.
▪ NHRC can only make recommendations, without the power to enforce decisions.
▪ Many times NHRC is viewed as post-retirement destinations for judges and bureaucrats with political
affiliation moreover, inadequacy of funds also hamper its working.
▪ A large number of grievances go unaddressed because NHRC cannot investigate the complaint registered
after one year of incident.
▪ Government often out rightly rejects recommendation of NHRC or there is partial compliance to these
recommendations.
▪ State human rights commissions cannot call for information from the national government, which means that
they are implicitly denied the power to investigate armed forces under national control.
▪ National Human Rights Commission powers related to violations of human rights by the armed forces have
been largely restricted.
Suggestions

▪ There is need for complete revamping of NHRC to make it more effective and truly a watchdog of human
right violations in the country.

▪ NHRC efficacy can be enhanced by government if commission decisions are made enforceable.

▪ There is need to change in composition of commission by including members from civil society and
activists.

▪ NHRC needs to develop an independent cadre of staff with appropriate experience.

▪ Many laws in India are very old and archaic in nature by amending which government can bring more
transparency in regulations.
 ▪ To improve and strengthen the human rights situation in India, state and non state actors need to work in
tandem.

The  anniversary of the National Human Rights Commission (NHRC) was observed on 12th October eevery year.