HUMAN RIGHTS AND PRACTICES

PRESENTATION

FC LALRAMNUNZIRSANGZUALA
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ROLL NO 17

TOPIC : NATIONAL HUMAN RIGHTS

COMMISSION
  INTRODUCTION :
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 “To deny people their human rights is to challenge their
very humanity” Nelson Mandela.
 Universal Declaration of Human Rights(UDHR) was
adopted by the UN General Assembly in Paris on 10,
December 1948. It is a milestone declaration in the history of
human rights which set out, for the first time, fundamental
human rights to be Universally protected.
 . Human rights are the rights which each and every person
is entitled to without any discrimination on the basis of Colour,
Caste, Sex, Religion. Human rights are interrelated ,
indivisible and interdependent.
 NATIONAL HUMAN RIGHTS COMMISSION :
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 The National Human Rights Commission of India is a
statutory public body constituted on 12, October 1993,
under the Protection of Human Rights Ordinance of 28,
September 1993. It was given a statutory basis by the
Protection of Human Rights Act, 1993. The National
Human Rights Commission is responsible for the
protection and promotion of human rights, defined by the
Act as ‘ Right 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’.
 FUNCTIONS :
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 The functions of the National Human Rights Commission are as
follows :

1. Conduct inquiries on its own or on the complaint received.

2. It can intervene on the Courts proceedings which involve any kind
of violation of human rights after prior approval of the Court.
3. To visit Jails and study the conditions of inmates.

4. Reviews the factors which hinder human rights.

5. Give suggestion to the Human Rights concern authorities.

6. Enlighten the people regarding human rights by organising seminars,
workshops etc.

7. Proactively or reactively inquire into violation of human rights by the

government. Etc.
 COMPOSITION :

 The National
z Human Rights Commission comprises of a Chairperson. The chairperson
should be a retired Chief Justice of India.
 There should be four other members. These are :
* There should be one member who is, or has been, a judge of the Supreme Court.
* There should be one member who is, or has been the Chief justice of High Court.
 * Two other members should be there who have the knowledge or practical experience
in matters related to human rights.

 The ex-officio members of the Commission can be :

 The Chairpersons of the National Commission for minorities,Women, Scheduled castes
and Schedule Tribes.
 The sitting judge of the Supreme Court or the sitting Chief justice of any High Courts
can be appointed only after consultation with the Chief justice of the Supreme Court.
 Appointment of Members :
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Section 4 of the Protection of Human Rights Act, 1993 provides
for the appointment of the members of the Commission.
On the recommendation of the committee, the President of India
appoints the Chairperson and the members of the National Human
Rights Commission. The committee consists of the following members
:
1. Prime minister of India. (Chairperson)
2. Home minister of India
3. Leader of Opposition (Lok Sabha)
4. Leader of Opposition (Rajya Sabha)
5. Deputy Chairperson of Rajya Sabha.
 REMOVAL OF CHAIRPERSON AND OTHER MEMBERS :
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 Section 5 of the Protection of Human Rights Act, 1993 provides
for resignation and removal of Chairperson and other members.
 RESIGNATION : The Chairperson or other members may in
writing submit his or her resignation to the President of India.
 REMOVAL : The Chairperson or other members can be
removed from the Office on the grounds of proved misbehaviour or
incapacity by the President of India but before doing so, the
President is required to refer the matter to the Supreme Court, which
will hold an enquiry into the matter. On the basis of the reply of the
Supreme Court, the President is required to take the decision.
 TERMS OF OFFICE OF CHAIRPERSON AND MEMBERS :
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 The terms of the Office of the Chairperson and Members
of the National Human Rights Commission is provided under
Section 6 of the Protection of Human Rights Act,1993.
 1. For a period of 5 years or until the Chairperson reach 70
years of age. Whichever is earlier the Chairperson can hold
the Office.
 2. For a period of 5 years, the appointed member can hold
the Office. These members are also eligible for re-
appointment for another term provideda. That member should
cease to hold Office after attainment of 70 years of age.
 CONCLUSION :
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National Human Rights Commission is often criticized as a toothless
body by Critics because – (i) it recommendation are not binding, (ii) it does not
have power to punish the violators or award relief to the victim, (iii) very limited
role in cases dealing with violation of human rights by armed forces, etc.

Even then the National Human Rights Commission has carved out a
niche for itself. Some of it notable moment include : (i) Waging fight in the Court
of law against Arunachal Pradesh government for its apathy toward Chakma
refugee, (ii) it suo moto cognizance in the case of Gujarat riots and filed a
special leave petition before the Supreme Court, (iii) taking up suo moto
cognizance of instances of the fake encounters,etc ….

Though there are various lacunas in the functioning of National Human

Rights Commission , it cannot be termed as a toothless. The cognizance of
matters by NHRC has an immense potential to adress the human rights
violations in the day of vibrant media and through the route of Courts.
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 REFERENCES :

 1. Http://blog.ipleaders.in/NHRC/

 2. Http://www.drishtiias.com/important/institutions...

 3.
Http://gktoday.in/upsc-question/discuss-the-achieveme
nts-of-nhrc

 4. Http://en.m.wikipedia.org/wiki/NHRC-of-india