National Human Rights Commission (NHRC)- Objectives, Members, Functions, & Role

The National Human Rights Commission of India serves as a watchdog for human rights (life, liberty, equality, and dignity) guaranteed by the Constitution or enshrined in international covenants. The National Human Rights Institutions (NHRIs) created the Paris Principles in 1991. The Paris Principles on Human Rights were approved by the United Nations General Assembly on December 20, 1993.

After reading this article, you will be able to answer whether the National Human Rights Commission (NHRC) is a statutory body or not and what its workings, establishment, and composition are. The article covers all the aspects of NHRC and is helpful for one-day exams like SSC and state exams, as well as for various state PCS exams.

Overview of the National Human Rights Commission (NHRC)

Agency	National Human Rights Commission
Formation	12 October 1993
Governing Body	Government of India
Headquarter	Faridkot House, Copernicus Marg, New Delhi
First Chairman	Justice Rangnath Mishra
Present Chairman (2023)	Arun Kumar Mishra

The treaties on human rights enacted by the United Nations General Assembly are known as international covenants. In 1979, India ratified two such treaties:

a. In 1966, India ratified the International Covenant on Civil and Political Rights.

b. In 1996, the International Covenant on Economic, Social, and Cultural Rights was ratified.

Establishment of the NHRC

• The National Human Rights Commission (NHRC) is a statutory body, established on October 12, 1993.
• It was established under the Protection of Human Rights Act, 1993 (amended in 2006).

Objectives of the NHRC

• To strengthen the institutional framework to address human rights effectively.
• To look into allegations independently of the government.

Tenure of members of the NHRC

• The tenure of members of the National Human Rights Commission (NHRC) is 5 years or 70 years, whichever is earlier.
• After retirement, the members are not eligible for employment under the central government or state government.

Composition of the NHRC

It is a multi-member body composed of five members that has:

• National Human Rights Commission chairman
• 4 members

Members	Composition
1. Chairman	He can be a retired Chief Justice of India or Supreme court Judge by (2019 amendment).
2. Four Members	1 Serving or retired Judges of Supreme court. 1 Serving or retired chief justice of High court. 2 persons with adequate knowledge/experience in Human Rights.
3. Four Ex-officio members	The chairman of: National Commission for Minorities. National Commission for SCs. National Commission for STs. National Commission for Women.

Appointment of members of NHRC

The members are appointed by the president on the recommendation of a 6-member committee:

• The prime minister is the head of this committee.
• Speaker of the Lok Sabha
• Deputy Chairman of the Rajya Sabha
• Leader of Opposition of Lok Sabha and Rajya Sabha.
• Central Home Minister
• A sitting judge of the Supreme Court or a sitting chief justice of a high court is appointed after consultation with the Chief Justice of India.

Removal of members of the NHRC

1. By President—the chairman or any member can be removed if found:
   • Insolvent.
   • Paid employment.
   • Unfit as per competent court due to mind or body.
   • Convicted and sentenced to imprisonment for the offense.
2. The president can also remove members on the grounds of proved misbehavior or incapacity. The president can refer the matter to the Supreme Court to enquire, and if the Supreme Court upholds the matter, then the President is bound to remove that person.

Salaries and Allowances of the NHRC

• These are determined by the central government.
• The salaries and allowances can’t be varied to their disadvantage.

Functions of the NHRC

• Inquire into a violation of human rights by a public servant, either suo-moto, on petition, or on court order.
• Visit jails and detention places to monitor.
• Review constitutional and other legal safeguards.
• Study treaties related to human rights.
• Research in human rights.
• Spread human rights literacy.
• Encourage NGOs working in the field of human rights.
• Its jurisdiction extends to Jammu and Kashmir.
• The National Human Rights Commission (NHRC) is not empowered to investigate matters of human rights violations by private parties.

Workings of the NHRC

• The headquarters of the National Human Rights Commission are located in Delhi.
• It has the power to regulate its own procedure.
• It has the power of the civil court.
• It’s proceedings have a judicial character.
• It has its own investigating staff.
• It is empowered to utilize the services of any other officer or investigating agency of the central or state government.
• Not empowered to inquire into any matter after the expiration of 1 year.
• Can intervene in proceedings pending before the court involving violations of human rights.
• The following steps can be taken during or after the completion of an inquiry:
  • recommend the concerned authority to give compensation.
  • recommend the initiation of proceedings for prosecution against guilty public servants.
  • recommend the grant of interim relief to the victim.
• Approach the Supreme Court or High Court concerned for necessary directions, orders, or writs.

Role of the NHRC

• The recommendations are not binding but must be informed about action taken on them within 1 month.
• It has a limited role with respect to the violation of human rights by members of the armed forces, but the commission may seek a report in this regard from the central government and make its recommendations, and the central government will in return inform the commission of action within 3 months.
• Annual or special reports are submitted to the central or state governments. These reports are produced before the respective legislature, along with the memorandum of action taken on the recommendation of the commission and the reason for non-acceptance of any such recommendation.

Human Rights Amendment Act, 2006

• It reduces the number of members of the State Human Rights Commission from 5 to 3.
• It changed the eligibility conditions for the appointment of the State Human Rights Commission.
• It strengthens the investigative machinery.
• It empowered the commission to recommend the award of compensation.
• It empowers the NHRC to visit jails without informing the state government.
• It allows the NHRC and SHRC to be president and governor, respectively.
• It clarified that the absence of any member of the selection committee will not violate the decision of such a committee.
• Providing Chairpersons of the National Commission for Scheduled Castes and Scheduled Tribes to be Members of the National Human Rights Commission.

Conclusion

The National Human Rights Commission of India, or NHRC, ensures that human rights are guaranteed to every citizen of India. It includes the right to life, liberty, equality, and dignity. It was established on October 12, 1993, and is headquartered at Faridkot House, New Delhi. In the above article, we have provided complete information about its functions and powers, the appointment and removal of members, and related amendment acts.

FAQs: Brief Note on National Human Rights Commission (NHRC)

1. Who is the first chairman of the NHRC?

Justice Mishra was appointed as the first Chairperson of the National Human Rights Commission on October 12, 1993, and served it until November 24, 1996.

2. What is the tenure of the chairman of the NHRC?

The chairman and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier. The President can remove the chairman or any member from the office under some circumstances.

3. Who appoints the members of the NHRC?

The Chairman and members of the NHRC are appointed by the President of India on the recommendation of a committee headed by the Prime Minister.

4. How many members are there in the NHRC?

The commission consists 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.

5. What is the role of the NHRC?

The Commission is responsible for spreading human rights awareness amongst the masses and encouraging the efforts of all stakeholders in the field of human rights literacy, not only at the national level but at the international level too.

6. What are the seven human rights in India?

They are the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.