National Human Rights Commission (NHRC), Features and functions

National Human Rights Commission (NHRC): The National Human Rights Commission (NHRC) is an independent government agency in India tasked with defending and promoting human rights. With additional revisions in 2006, it was established as a statutory body in conformity with the Indian Constitution under the “Protection of Human Rights Act” of 1993.

National Human Rights Commission Key Points

• Formation: NHRC is an independent statutory body, set up in 1993 as per provisions of the Protection of Human Rights Act (PHRA), 1993, later amended in 2006.
  • Headquarters: New Delhi, India
• Statutory mandate: It is responsible for the protection and promotion of human rights.
  • Human rights: PHRA 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.
• In conformity with the ‘Paris Principle’: which was 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 in 1993.
  • The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.

Structure of the National Human Rights Commission

After an amendment to the PHRC in 2019, the organizational structure of the NHRC comprises of following members with the required qualifications-

Appointment of the members: President appoints the Chairman and members of NHRC on the recommendation of the high-powered committee headed by the Prime Minister. The composition of this high-powered committee includes-

1. 1. The Prime Minister (Chairperson)
   2. The Home Minister of India
   3. The Leader of the Opposition in the Lok Sabha (House of the People)
   4. The Leader of the Opposition in the Rajya Sabha (Council of States)
   5. The Speaker of the Lok Sabha (House of the People)
   6. The Deputy Chairman of the Rajya Sabha (Council of States)

• Tenure: The Chairperson and Members of the Commission hold office for three years or until they attain the age of 70 years, whichever is earlier.
  • They shall also be eligible for re-appointment.
• Grounds for Removal:
  • Removal is done by the president on the grounds of bankruptcy, unsound mind, infirmity of body or mind, sentenced to imprisonment for a crime, or engaging in paid employment.
  • He can also be removed for proven misbehavior or incapacity if the SC inquiry finds him guilty.
  • They can also resign by writing to the president.

Functions of the National Human Rights Commission

• Intervention: It intervenes in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.
• Inquiry: It can inquire into any complaints of violation of human rights or negligence in preventing such violation by a public servant.
  • While inquiring into the complaints, the commission enjoys the powers of a civil court.
• Safeguards the interests of the vulnerable: for example, NHRC can visit any jail or any other institution under the control of the State Government to see the living conditions of the inmates and to make recommendations thereon.
• Scope: It can recommend to both the central and state governments to take suitable steps to prevent the violation of Human Rights.
  • It submits its annual report to the President of India who causes it to be laid before each House of Parliament.
  • the Commission also studies treaties and international instruments on human rights and makes recommendations for their effective implementation to the Government.
• Awareness generation: NHRC spread human rights literacy among various sections of society and promotes awareness of the safeguards available for the protection of these rights through publications, the media, seminars, and other available means.
  • It also plays an active role in coordinating with other NHRIs of the world to enhance awareness from the perspective of human rights.
• It has also hosted delegations from UN Bodies and other National Human Rights Commissions as well as members of civil society, lawyers, and political and social activists from many countries.
• Collaboration with Civil societies: It encourages the efforts of non-governmental organizations and institutions working in the field of human rights.
  • It is also known for promoting research and encouraging NGOs in the field of human rights.

Challenges with the National Human Rights Commissions

• Recommendatory nature of advice: it means that it can not legally enforce its decisions and depends on the wishes of the concerned authority for the same. This lack of authority to ensure compliance can lead to outright rejection of its decision too.
• Lack of independent investigative machinery: as it does not have its own independent investigative machinery. So, it has to depend on other agencies like CBI which may not function fairly and independently.
• Bounded by time duration: as Under the Protection of Human Rights Act, of 1993, human rights commissions cannot investigate an event if the complaint was made more than one year after the incident. Therefore, a large number of genuine grievances go unaddressed.
• NHRC is often viewed as a post-retirement destination for judges and bureaucrats with political affiliations. Along with this, the inadequacy of funds also hampers its effective functioning.
• The exclusion of Armed forces from investigative powers of the NHRC further restricts its powers and authority to serve as the guardian of human rights in India.

Major Issues Related to NHRC

India grapples with significant human rights violations for various reasons. To address these concerns, the National Human Rights Commission (NHRC) plays a pivotal role by taking up numerous issues across the country. Some of these pressing concerns include:

Suggestions for Improvement in the Human Rights Situation in India

• Revamping the institution of the NHRC:
  • By entrusting it with powers to enforce its decisions by implementing authorities.
  • Independent investigating machinery should be set under complete control of the NHRC to ensure a free and fair investigation of human rights violations.
  • Diversify its composition by including people from civil society, human rights activists, etc.: this will reduce the bureaucratization of the NHRC, resulting in better functioning of the organization.
• Armed forces: The definition of the armed forces should be restricted to only the army, navy, and air force.
  • Further, even in these cases, the Commission should be allowed to independently investigate cases of violation of rights.
• For NHRC to be an effective watchdog of human rights in the country, it is important to empower NHRC to make it work more efficiently and independently. This will help in improving and strengthening the human rights situation in India.

NHRC for UPSC Relevance

The topic of ‘Human Rights’ holds significant global importance, and it is often featured in UPSC Prelims and Mains examinations. For instance, in the UPSC Mains GS-II 2018, a question was asked about the challenges posed by the multiplicity of various commissions for vulnerable sections of society and whether merging them into an umbrella Human Rights Commission would be a better approach.

Similarly, in 2014 and 2015, UPSC Mains GS-II questions were based on the National Human Rights Commission, highlighting its relevance and significance in the examination. Thus, understanding human rights and related issues is crucial for aspirants preparing for the UPSC Mains Examination.

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