In the pursuit of justice and equality, the National Human Rights Commission (NHRC) stands as a beacon of hope, dedicated to upholding and protecting the fundamental rights and dignity of every individual in India. Established in 1993 under the Protection of Human Rights Act, the NHRC serves as the apex body responsible for promoting and safeguarding human rights across the nation.
The National Human Rights Commission (NHRC) is a self-governing statutory entity formed to safeguard and advance human rights in India. Tasked with examining and rectifying human rights breaches, it also offers recommendations to enhance human rights protection and promotion.
Established in accordance with the Protection of Human Rights Act (PHRA) of 1993, the NHRC epitomizes India’s commitment to upholding and defending human rights. Aligned with the Paris Principles (1991), the NHRC reflects India’s dedication to establishing institutions that safeguard human rights at a national level.
Composition
The composition of the National Human Rights Commission (NHRC) includes:
- Chairman: A person who has served as Chief Justice of India or as a Judge of the Supreme Court.
- Five Members:
- One Member who has served as a Judge of the Supreme Court.
- One Member who has served as the Chief Justice of a High Court.
- Three Members chosen from individuals with expertise or practical experience in human rights matters, with at least one being a woman.
- Seven Deemed Members: Chairpersons/Chief Commissioners of:
- National Commission for Backward Classes
- National Commission for Minorities
- National Commission for Scheduled Castes
- National Commission for Scheduled Tribes
- National Commission for Protection of Child Rights
- National Commission for Women
- Chief Commissioner for Persons with Disabilities
Appointment and Removal
The appointment process for the Chairperson and members of the NHRC involves the President of India selecting candidates based on recommendations from a committee comprising the Prime Minister, Speaker of the Lok Sabha, Minister of Home Affairs, Leader of the Opposition in both the Lok Sabha and Rajya Sabha, and the Deputy Chairman of the Rajya Sabha.
The term for both the Chairperson and Members is three years or until they reach the age of seventy years.
In terms of removal, the President can order the removal of the Chairperson or any other Member of the Commission on grounds of proven misbehavior or incapacity, following an inquiry by the Supreme Court. Additionally, the President can remove the Chairperson or any Member if they are adjudged insolvent, engage in paid employment outside their duties, are unfit for office due to mental or physical infirmity, have been declared of unsound mind by a competent court, or are convicted and sentenced to imprisonment for an offense involving moral turpitude.
State Human Rights Commission
The State Human Rights Commission (SHRC) in India, established under the Protection of Human Rights Act (PHRA) of 1993, serves as a guardian for the protection and advancement of human rights at the state level.
Composition:
- The SHRC comprises a Chairperson and four members.
- The Chairperson must have served as Chief Justice or Judge of a High Court.
- Among the members, one must have served as a Judge of a High Court, one as a district judge in the respective state, and two must possess expertise in human rights.
Appointment:
- The Governor appoints the Chairperson and Members based on the recommendation of a Committee, which includes the Chief Minister, Speaker of the Legislative Assembly, Minister-in-charge of the Department of Home in the state, and Leader of the Opposition in the Legislative Assembly.
Removal:
- The President has the authority to remove the Chairperson or any Member of the Commission on grounds similar to those applicable to the NHRC Chairperson and members.
Functions of National Human Rights Commission
The NHRC has several functions aimed at safeguarding and advancing human rights in India, including:
- Investigating complaints of human rights violations by public servants or negligence in preventing such violations.
- Intervening in court proceedings related to human rights violations with the court’s approval.
- Inspecting jails and other state-controlled institutions to assess inmate living conditions and offering recommendations.
- Assessing existing constitutional and legal safeguards for human rights protection and suggesting ways to enhance their effectiveness.
- Evaluating factors like terrorism that impede human rights enjoyment and proposing suitable remedial actions.
- Examining international treaties and instruments on human rights and making recommendations.
- Conducting and promoting research on human rights issues.
- Promoting human rights literacy across society and raising awareness about available safeguards.
- Supporting the efforts of NGOs and institutions engaged in human rights work.
Power of National Human Rights Commission
The NHRC possesses various powers essential for executing its mission of safeguarding and advancing human rights in India:
- Investigation and inquiry powers akin to a civil court: During investigations, the NHRC holds the same authority as a Civil Court under the Code of Civil Procedure, 1908. This includes the ability to summon witnesses, administer oaths, obtain documents, receive evidence on affidavits, and requisition public records.
- Authority to recommend compensation for victims: The NHRC is empowered to suggest compensation for individuals who have suffered losses or endured hardships due to human rights violations.
- Jurisdiction to seek court enforcement of human rights: When necessary, the NHRC can petition the Supreme Court or High Court to enforce human rights protections, ensuring the rights of individuals or communities are upheld.
- Suo moto cognizance of human rights violations: The NHRC possesses the ability to take suo moto cognizance of human rights violations, allowing it to address such issues even without a formal complaint being filed.
Challenges faced by NHRC
- Limited resources and staff: The NHRC faces challenges due to its constrained resources and staff, impacting its ability to effectively fulfill its mandate. This constraint may result in a backlog of cases and hinder its capacity to address all human rights issues promptly.
- Heavy workload and backlog of cases: The NHRC experiences a significant volume of complaints regarding human rights violations, leading to a substantial workload. Consequently, there may be a backlog of cases, causing delays in addressing pertinent human rights concerns.
- Limited enforcement capacity: The NHRC encounters limitations in enforcing its recommendations, affecting its efficacy in addressing human rights issues and ensuring compliance with its directives.
- Jurisdictional limitations: The NHRC’s jurisdiction is restricted in certain instances, such as its inability to investigate cases older than one year, as well as anonymous, vague, or frivolous complaints.
- Limited authority over non-state actors: The NHRC lacks authority to investigate and redress human rights violations perpetrated by non-state actors, including private entities or individuals, posing a challenge in addressing such violations.
Way Forward
- A comprehensive overhaul of the NHRC is necessary to enhance its effectiveness and transform it into a genuine guardian against human rights violations in the nation.
- The government can contribute to enhancing the efficacy of the NHRC by ensuring that the decisions of the commission are enforceable.
- Revisions to the composition of the commission should be considered, including the inclusion of members from civil society and activists, to enrich its diversity and perspectives.
- Developing an independent cadre of staff with relevant experience is imperative for the NHRC to operate autonomously and efficiently.
- Many outdated and obsolete laws in India need to be amended to promote transparency in regulations and better address contemporary human rights issues.
- Collaborative efforts between state and non-state actors are essential to improve and fortify the human rights situation in India.