National Human Rights Commission (NHRC)

The National Human Rights Commission (NHRC) is a statutory organization of the Indian government. It is responsible for promoting and protecting human rights. On October 12, 1993, the NHRC was founded by the Protection of Human Rights Act, 1993. NHRC promotes and protects human rights and is a statutory body mentioned in the Constitution of India, established in 1993 under the “Protection of Human Rights Act” and further amended in 2006.

In this article, we will cover the National Human Rights Commission (NHRC), its history, objectives, members, appointment, tenure, functions, and limitations.

National Human Rights Commission (NHRC)

National Human Rights Commission (NHRC)- Overview

Category	Information
Established	1993
Vision	To be a vibrant human rights institution recognized and respected globally for its independence, effectiveness, transparency and commitment to the promotion and protection of human rights.
Mission	To protect and promote human rights for all citizens of India as enshrined in the Constitution of India and international human rights instruments.
Composition	One Chairperson, 10 full-time Members, five ex-officio Members (Chairpersons of National Commissions for SCs, STs, Minorities, Women, and Chief Commissioner for Persons with Disabilities)
Headquarters	New Delhi, India

What is National Human Rights Commission (NHRC)?

The full form of NHRC is the National Human Rights Commission. NHRC is an independent statutory authority that protects human rights in India. The Protection of Human Rights Act 1993, later revised by the Protection of Human Rights Amendment Act in 2006, provided the authority for establishing the National Human Rights Commission, or NHRC, on October 12, 1993.

The purpose of India’s National Human Rights Commission is to protect, promote, and preserve human rights. The NHRC celebrated its 25th anniversary in 2018. The NHRC gives its citizens a high standard of living free from discrimination and contributes to the maintenance of law and order in our country.

Who is the Chairman of National Human Rights Commission?

As of today, Friday, October 27, 2023, the Chairman of the National Human Rights Commission (NHRC) of India is Justice Arun Kumar Mishra. He was appointed to the position on January 12, 2021, and his term will end on January 11, 2026.

You can find more information about the composition of the NHRC, including the Chairman and other members, on their official website: https://nhrc.nic.in/

History of National Human Rights Commission (NHRC)

On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by the UN General Assembly in Paris. Human rights were finally protected with this action, which turned out to be a historic moment in the history of mankind. The Paris Principles were first presented by National Human Rights Institutions, or NHRIs, shortly after that in 1991. These principles were accepted by the UN General Assembly in 1993, and India likewise passed the Human Rights Protection Act in that same year.

This was the first time the National Human Rights Commission’s foundation was established. As a result of major organizations realizing how important it was to protect human rights, the UN adopted the Paris Principles. India then went one step further and welcomed the creation of the Human Rights Act in 1993. Even the Indian state governments were asked to create the Human Rights Commission by the constitution and a higher court.

Composition of NHRC Composition

The composition of NHRC are as follows:

Position	Number	Qualifications	Appointment
Chairperson	1	Eminent person with a distinguished record in public affairs, jurisprudence, or human rights.	Appointed by the President of India from amongst persons who are qualified to be Judges of the Supreme Court.
Full-time Members	5	Individuals with proven ability, integrity, and experience in the field of human rights or related fields.	Appointed by the President of India on the recommendation of a Committee consisting of the Prime Minister, Speaker of Lok Sabha, Chief Justice of India, Leader of the Opposition in the Lok Sabha, and Chairman of the National Human Rights Commission.
Deemed Members (ex-officio)	7	Chief Justice of India, Chairperson of the National Commission for Minorities, Chairperson of the National Commission for Scheduled Castes, Chairperson of the National Commission for Scheduled Tribes, Chairperson of the National Commission for Women, and Chairperson of the National Commission for Child Rights.	Not applicable as they hold other positions and serve as ex-officio me

Appointment of NHRC Members

The appointment of NHRC members are as follows:

Appointment Criteria for National Human Rights Commission (NHRC) Members

To serve on the National Human Rights Commission, individuals must adhere to specific criteria. The appointment process involves a selection committee that recommends candidates to the Indian president. The committee comprises distinguished members, including the Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, Home Minister, and the head of the opposition in each house. This careful selection is crucial considering the significant role the NHRC plays in the nation’s progress.

Tenure of National Human Rights Commission (NHRC) Chairperson and Members

The term of appointment for the NHRC chairperson and other members is five years or until they reach the age of 70. This fixed tenure ensures a balance of stability and progression within the NHRC. However, provisions are in place for the immediate removal of members or the chairperson if an investigation by the Indian Supreme Court reveals misbehavior or incapacity. The specified tenure ensures continuity in the commission’s leadership while maintaining accountability.

Removal Procedures for National Human Rights Commission (NHRC) Members

The removal of NHRC members can occur under certain circumstances. If an NHRC member is suspected of insolvency, physical or mental illness, or if they are found guilty of misbehavior, the President of India takes action for their removal. The process involves a thorough investigation, and if proven, the member may face consequences such as imprisonment or financial penalties. This removal mechanism ensures the integrity and effectiveness of the NHRC by addressing issues that may compromise its functioning.

Functions of the National Human Rights Commission (NHRC)

The following are the functions of National Human Rights Commission:

• When there has been a complaint alleging a breach of human rights, the NHRC is empowered to get involved.
• It has the authority to look into matters involving human rights breaches.
• Because of this, the NHRC is permitted to examine the living circumstances of inmates in any jail or prison within a state.
• Also, the NHRC manages awareness programs and highlights the importance of reading through commercials in various media.
• The Indian government may receive recommendations or recommendations from the NHRC to protect human rights and raise living standards.
• Both the federal government and state governments can use this.
• Also, the President of India must receive an annual report from the NHRC, which is then submitted to the Rajya Sabha and Lok Sabha.

Objectives of the National Human Rights Commission (NHRC)

The National Human Rights Commission (NHRC) of India aims to achieve the following objectives:

• To defend and protect everyone’s human rights in India, particularly those of weaker and marginalized groups.
• To look into claims of human rights breaches, to learn more about them, and to act upon such information.
• To suggest actions for the avoidance of violations of human rights, as well as to offer assistance and rehabilitation to victims of such violations.
• To increase public knowledge of and understanding of human rights, especially among government representatives and law enforcement personnel.
• To examine and suggest modifications to national laws, regulations, and practices that affect human rights.
• To collaborate with human rights institutions and organizations both domestically and internationally to advance and defend human rights in India.

National Human Rights Commission Members

The NHRC is a non-constitutional body, yet its members are dignified persons. There is a chairperson and 12 other working members that make up the NHRC composition. Also, five full-time members and seven deemed members make up the two groups of these 12 NHRC members.

• The Chairman: The retired CJI (Chief Justice of India)
• First Member: Former/ Present Judge of Supreme Court
• Second Member: Former/ Present Judge of a High Court
• Two Members: Candidates holding experience and deep knowledge about the matters of Human Rights
• Deemed NHRC Members:

1. National Commission for Minorities
2. National Commission for Women
3. National Commission for SCs
4. National Commission for STs

Limitations of the National Human Rights Commission (NHRC)

The National Human Rights Commission was established as a legislative entity with guidelines. The NHRC must operate within specific bounds. The NHRC’s limitations are mentioned below:

• The NHRC lacks the authority to prosecute private parties for violating human rights.
• The NHRC does not have the jurisdiction to penalize the authority that refuses to enforce its instructions, nor are its recommendations legally binding.
• The NHRC can only hear cases that are over a year old, anonymous, minor, and related to services.
• It has almost no jurisdiction that is under the control of the armed forces.

Major Issues Related to NHRC

The NHRC covers a wide range of concerns about human rights violations. The National Human Rights Commission’s backlog of issues is growing daily due to an increase in both criminal activity and exploitation. The following are some of the NHRC’s primary issues:

• Child marriage, child labor, and LGBTQ concerns
• Workplace rights
• Torture of detainees in custody
• Manual scavenging
• Sexual Abuse
• Unlawful interactions and extrajudicial homicides
• Arrests made without cause and psychological abuse
• Prejudice towards women and children

The Human Rights Protection (Amendment) Act of 2019

To make the NHRC more inclusive, the Lok Sabha approved the Protection of Human Rights Amendment Bill 2019. The Protection of Human Rights Amendment Bill included the following important amendments:

Provision	Amendment	Key Points
Composition of NHRC:	Added “Chief Commissioner for Persons with Disabilities” and “National Commission for Backward Classes” as ex-officio members.	Increased the number of ex-officio members from 5 to 7.
Term of office:	Reduced the term of office for Chairperson and Members from 5 years to 3 years.	Potentially increases turnover and fresh perspectives but raises concerns about stability and experience.
Removal of Members:	Added provision for removal of Members by the President on the recommendation of a Committee constituted under the Act.	Introduces an additional mechanism for accountability but raises concerns about potential political interference.
Powers of NHRC:	Empowered NHRC to investigate complaints of human rights violations in prisons and other places of detention.	Broadens the scope of NHRC’s investigation powers.
National Human Rights Fund:	Increased the corpus of the Fund and widened the scope of activities it can support.	Enhances NHRC’s financial resources but raises questions about transparency and accountability in fund utilization.

State Human Rights Commission

In India, each state has its own Human Rights Commission, established under the Protection of Human Rights Act, 1993. These commissions work alongside the National Human Rights Commission (NHRC) to promote and protect human rights at the state level.

Here’s some information about the state human rights commissions:

Structure

• Each state commission has a Chairperson and several Members, appointed by the Governor of the state.
• The Chairperson and Members have a term of office of five years or until they reach the age of 70 years, whichever is earlier.
• There are no reservations for different communities or regions in the appointment of these positions.

Functions

• Investigate complaints of human rights violations within the state.
• Initiate inquiries on its own motion based on reports or credible information.
• Recommend appropriate remedial measures to the state government.
• Review the progress of the state government in implementing the recommendations of the commission.
• Undertake research and awareness programs on human rights issues.

National Human Rights Commission UPSC

The NHRC is an important topic that is relevant to current affairs in the UPSC exam. This topic is particularly significant to the study of Indian Polity. Understanding this subject from the standpoint of the UPSC Main Exams is important. Questions were asked from the topic National Human Rights Commission in UPSC Mains (GS II) exam in previous years. As a result, it is quite important for the UPSC Mains Examination. Students preparing for UPSC exam can refer to this article along with Indian Polity books for comprehensive notes on the and better understanding of the topic.

National Human Rights Commission PYQs for UPSC

Q. The multiplicity of various commissions for the vulnerable sections of the society leads to problems of overlapping jurisdiction and duplication of functions. Is it better to merge all commissions into an umbrella Human Rights Commission? Argue your case. (UPSC Mains GS-II 2018).

Summary – National Human Rights Commission (NHRC)

The National Human Rights Commission (NHRC) is a vital organization in India, established by the Protection of Human Rights Act in 1993, with the primary mission of safeguarding and promoting human rights. It consists of a chairperson and twelve members, each serving a five-year term or until the age of 70. The NHRC addresses human rights violations, conducts prison inspections, and raises awareness through media campaigns. The commission’s members are appointed based on specific criteria by a selection committee, and their removal can occur under certain conditions, including misbehavior or incapacity. However, the NHRC has limitations, such as lacking the authority to prosecute private parties for human rights violations. The history, objectives, functions, and limitations of the NHRC play a crucial role in upholding human rights in India.

FAQs on National Human Rights Commission

Who is the present chairperson of National Human Rights Commission?

The National Human Rights Commission’s current chairperson is Shri Justice Arun Kumar Mishra. He took office on June 2, 2021 and the eighth chairperson of NHRC.

What is the National Human Rights Commission?

The National Human Rights Commission, sometimes known as the NHRC, is an independent body under the Indian government whose goal is to protect and advance human rights.

What is the role of NHRC in India?

The Commission is in responsible for bringing human rights awareness to the general public and supporting national and international efforts by all parties involved in human rights literacy studies.

Where is the headquarter of the NHRC?

The headquarter of the National Human Right Commission is in New Delhi.

Who appoints NHRC?

The President appoints the Commission’s members and Chairperson based on proposals from a committee.

How many members are in NHRC?

A chairperson, five full-time members, and seven deemed members make up the Commission. Qualifications for the appointment of the Commission’s members and chairperson are outlined in the act.