National Human Rights Commission (NHRC)

At a Glance

• What it is Statutory watchdog of human rights
• Established 1993 under the Protection of Human Rights Act, 1993
• Members Chairperson and five members, with seven ex-officio members
• Term Three years or age 70, eligible for reappointment
• Exam link UPSC Prelims, Polity: Non-Constitutional Bodies

Where Does It Fit?

This is the second topic of the category on Non-Constitutional Bodies. The National Human Rights Commission is a statutory and not a constitutional body, established in 1993 under the Protection of Human Rights Act, 1993. It is the watchdog of human rights in the country, that is, the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in international covenants and enforceable by courts in India.

Objectives and Composition

The specific objectives are to strengthen the institutional arrangements through which human rights issues can be addressed in a more focused manner, to look into allegations of excesses independently of the government in a manner that underlines the government’s commitment to protect human rights, and to complement and strengthen existing efforts. International covenants here means the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted by the UN General Assembly on 16 December 1966, to which India acceded on 10 April 1979.

The Commission is a multi-member body of a chairperson and five members. The chairperson should be a retired Chief Justice of India or a Supreme Court judge. Members include a serving or retired Supreme Court judge, a serving or retired high court chief justice, and three persons, at least one a woman, with knowledge or practical experience of human rights. There are also seven ex-officio members: the chairpersons of the National Commissions for Minorities, SCs, STs, Women, Backward Classes and Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities.

Appointment, Tenure and Removal

The President appoints the chairperson and members on the recommendation of a six-member committee: the Prime Minister as head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the Leaders of the Opposition in both Houses and the Union Home Minister. A sitting Supreme Court judge or a sitting high court chief justice can be appointed only after consultation with the Chief Justice of India. They hold office for three years or until age 70, whichever is earlier, are eligible for reappointment, and are not eligible for further employment under the Central or a state government afterwards.

The President can remove the chairperson or a member if he or she is adjudged insolvent, engages in paid employment outside the office, is unfit by infirmity of mind or body, is of unsound mind as declared by a competent court, or is convicted and sentenced to imprisonment. The President can also remove for proved misbehaviour or incapacity, but must first refer the matter to the Supreme Court for an inquiry. Salaries and conditions are determined by the Central government and cannot be varied to the disadvantage of the member after appointment.

Functions

1. Inquire into any violation of human rights or negligence in its prevention by a public servant, suo motu, on a petition or on a court order.
2. Intervene in any court proceeding involving allegations of violation of human rights.
3. Visit jails and detention places to study the living conditions of inmates and make recommendations.
4. Review constitutional and legal safeguards for human rights and recommend measures for effective implementation.
5. Review factors, including acts of terrorism, that inhibit enjoyment of human rights.
6. Study treaties and international instruments on human rights and recommend their implementation.
7. Undertake and promote research in human rights.
8. Spread human rights literacy and awareness of safeguards.
9. Encourage the efforts of NGOs in the field.
10. Undertake any other function it considers necessary for the promotion of human rights.

Working and Powers

The headquarters is in Delhi, and it can set up offices elsewhere in India. It regulates its own procedure, has all the powers of a civil court, and its proceedings have a judicial character. It may call for information or reports from the Central and state governments. It has its own nucleus of investigating staff and may use the services of any officer or investigation agency of the Central or a state government. It cannot inquire into any matter after the expiry of one year from the date of the alleged violation.

During or after an inquiry it may recommend to the government or authority the payment of compensation or damages to the victim, the initiation of prosecution or other action against the guilty public servant, the grant of immediate interim relief to the victim, and it may approach the Supreme Court or the high court concerned for directions, orders or writs. Its complaints cover custodial deaths, torture, fake encounters, police highhandedness, prison conditions, atrocities on women, children and vulnerable sections, communal violence, bonded and child labour and similar issues.

Role, Limits and Problems

The functions of the Commission are mainly recommendatory. It cannot punish violators nor award relief including monetary relief, and its recommendations are not binding, though it must be informed of action taken within one month. With respect to violations by the armed forces its role is limited: it may seek a report from the Central government and make recommendations, and the Centre must inform it of the action taken within three months. It submits annual or special reports to the Central and state governments, laid before the legislatures with a memorandum of action taken and reasons for non-acceptance.

The Commission itself has listed its problems: administrative constraints, where it seeks devolution of administrative and financial powers to the chairperson as it handles about one lakh complaints every year; financial constraints, since it receives grants-in-aid from the Ministry of Home Affairs and wants financial autonomy; and manpower constraints, since it has never had its full sanctioned strength and engages retired government officers as consultants. In 2017 the Supreme Court expressed concern over the shortage of manpower and asked the Government of India to remedy it.

Why Is This Topic Important?

• Frequently asked Composition and appointment committee
• Statutory versus constitutional Standard distinction
• Recommendatory role Common Mains point

What Came Next?

The next topic covers the Central Vigilance Commission.

Key People and Terms

• Paris Principles Standards for national human rights institutions
• Suo motu On its own initiative
• Ex-officio members Chairpersons of other national commissions
• Interim relief Immediate help to victims
• Custodial death Death in custody

Exam Corner

Mains Angle

Questions on this topic usually ask about the effectiveness of the NHRC. Use these points to add depth.

• Independence Appointment committee and tenure
• Recommendatory role No punishment power
• Resource gaps Manpower and finance
• Armed forces Limited jurisdiction