National Human Rights Commission (NHRC)

GS 2 – POLITY

The National Human Rights Commission (NHRC) is a statutory body established under the Protection of Human Rights Act (PHRA), 1993. It serves as the apex institution in India for the protection and promotion of human rights, defined as the rights relating to life, liberty, equality, and dignity of the individual, guaranteed by the Constitution or embodied in international covenants.

Composition of NHRC

As per the Protection of Human Rights (Amendment) Act, 2019, the composition of NHRC includes:

1. Chairperson – A former Chief Justice of India.
2. 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 (including at least one woman) from among persons having knowledge or practical experience in matters relating to human rights.
3. Ex-officio Members – Chairpersons of the following national commissions:
   • National Commission for Scheduled Castes (NCSC)
   • National Commission for Scheduled Tribes (NCST)
   • National Commission for Women (NCW)
   • National Commission for Minorities (NCM)
   • National Commission for Backward Classes (NCBC)
   • Chief Commissioner for Persons with Disabilities

Appointment

• Appointed by the President of India on the recommendation of a six-member committee comprising:
  • Prime Minister (Chairperson)
  • Speaker of the Lok Sabha
  • Deputy Chairman of the Rajya Sabha
  • Leaders of Opposition in both Lok Sabha and Rajya Sabha
  • Union Home Minister

Tenure

• Chairperson and members hold office for a term of 3 years or until the age of 70 years, whichever is earlier.
• Eligible for re-appointment.

Functions and Powers of NHRC

Under Section 12 of the PHRA, 1993, the NHRC performs the following functions:

1. Inquiry and Investigation
   • Inquire into complaints of human rights violations (either suo motu or based on petitions).
   • Investigate cases involving negligence or failure by public servants in preventing violations.
2. Judicial Powers
   • Enjoys powers of a civil court under the Code of Civil Procedure, 1908, for summoning witnesses, requiring documents, etc.
3. Review of Safeguards
   • Review constitutional and legal safeguards to ensure adequate protection of human rights.
4. Advisory Role
   • Recommend effective measures for the promotion and protection of human rights.
   • Advise the government on international treaties and instruments related to human rights.
5. Promotion and Awareness
   • Undertake and promote research and awareness programs on human rights through education and media.
6. Support to NGOs
   • Encourage and coordinate with Non-Governmental Organizations (NGOs) working in the field of human rights.

Limitations of NHRC:

1. Non-Binding Recommendations: NHRC’s suggestions are not compulsory for the government to follow.
2. Limited Power Over Armed Forces: It can’t directly investigate human rights violations by the armed forces and relies on government reports.
3. Jurisdiction Overlap: Clashes occur with other human rights bodies, causing confusion.
4. Lack of Staff and Funds: Shortages hinder its smooth functioning.
5. Pending Cases: A large backlog leads to delays in justice.
6. Political Influence: The appointment process may lead to government interference.

Significance of NHRC:

1. Human Rights Watchdog: Ensures the government protects citizens’ rights.
2. Suo Motu Action: Can take up cases without formal complaints.
3. Spreads Awareness: Promotes human rights education across India.
4. Judicial Support: Its reports help courts in Public Interest Litigations (PILs).