The National Human Rights Commission (NHRC) is an independent statutory body established to protect and promote human rights in India. It is responsible for reviewing and addressing human rights violations and making recommendations for the protection and promotion of human rights.
- NHRC was established under the Protection of Human Rights Act (PHRA), 1993. It is an embodiment of India’s concern for the promotion and protection of human rights.
- It is established in conformity with the Paris Principles (1991), adopted at the first international workshop on national institutions for the protection of human rights.
Composition of NHRC
The NHRC comprises of a Chairperson, five full-time Members, and seven deemed Members. The statute lays down qualifications for the appointment of the Chairperson and Members of the Commission.
| Position | Qualification |
| Chairman | A person who has been Chief Justice of India or a Judge of the Supreme Court |
| 5 Members | · 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 · Three Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights. · Of the three members, at least one will be a woman. |
| 7 Deemed Members | Chairpersons/Chief Commissioner of the:
|
Appointment:
The chairperson and members of the NHRC are appointed by the President of India, based on the recommendations of a committee consisting of:
- Prime Minister
- Speaker of the Lok Sabha
- Minister of Home Affairs
- Leader of the Opposition (Lok Sabha)
- Leader of the Opposition (Rajya Sabha)
- Deputy Chairman (Rajya Sabha)
Term:
Three years or till the age of seventy years for both the Chairperson and Members.
Removal:
The Chairperson or any other Member of the Commission shall be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the inquiry of the Supreme Court.
The President also, by order, removes from office the Chairperson or any other Member if the Chairperson or such other Member:
- Is adjudged an insolvent.
- Engages during his term of office in any paid employment outside the duties of his office.
- Is unfit to continue in office by reason of infirmity of mind or body.
- Is of unsound mind and stands so declared by a competent court.
- Is convicted and sentenced to imprisonment for an offense which, in the opinion of the President, involves moral turpitude.
Functions of NHRC
The National Human Rights Commission (NHRC) has a number of functions that are designed to protect and promote human rights in India. Some of the key functions of the NHRC include:
- Inquire into complaintsof violation of human rights/abetment or negligence in the prevention of such violation by a public servant.
- Intervene in any proceedinginvolving any allegation of violation of human rights pending before a court with the approval of the such court.
- Visit any jailor any other institution under the control of the State Government to study the living condition of the inmates and make recommendations thereon
- Review the safeguardsunder the Constitution/law in force for the protection of human rights and recommend measures for their effective implementation.
- Review the factors like terrorismthat inhibit the enjoyment of human rights and recommend appropriate remedial measures.
- Study treatiesand other international instruments on human rights and make recommendations.
- Undertake and promoteresearch in the field of human rights.
- Spread human rights literacyamong various sections of society and promote awareness of the safeguards available.
- Encourage the effortsof NGOs and institutions working in the field of human rights.
Powers of NHRC
The National Human Rights Commission (NHRC) has a number of powers that enable it to carry out its mandate to protect and promote human rights in India. Some of these powers include:
- Powers of a civil court in the investigation and inquiry into complaints of human rights violations:The Commission, when investigating complaints, has the same powers as a Civil Court hearing a case under the Code of Civil Procedure, 1908. These powers include the ability to:
- Summon and enforce the attendance of witnesses and examine them on oath.
- Discovery and production of any document.
- Receiving evidence on affidavits.
- Requisitioning any public record or copy thereof from any Court or office.
- Issuing commissions for the examination of witnesses or documents.
- Power to recommend compensation to victims of human rights violations:The NHRC has the authority to recommend that victims of human rights violations be compensated for their losses or suffering.
- Power to approach the Supreme Court or the High Court for the enforcement of human rights:If necessary, the NHRC can approach the Supreme Court or the High Court for the enforcement of human rights in order to protect the rights of individuals or groups.
- Power to take suo moto cognizance of human rights violations: The NHRC has the authority to take “suo motu” cognizance of human rights violations, even if a formal complaint has not been filed.
The National Human Rights Commission (NHRC) undertakes a variety of initiatives to carry out its mandate of promoting and protecting human rights in India. Some of them include:
- Reviewing laws like the Terrorist & Disruptive Activities Act and Prevention of Terrorism Bill, 2000.
- Protection of human rights in areas of insurgency and terrorism.
- Setting up the guidelines to check misuse of the power of arrest by the police. Setting up of Human Rights Cells in the State/City Police Headquarters.
- Steps to check custodial deaths, rape, and torture.
- Accession to the Convention against Torture, Additional Protocols to the Geneva Conventions.
- Systemic reforms of police, prisons, and other centres of detention.
- Protecting the Human Rights of persons affected by HIV/AIDS.
