National Human Rights Commission of India

The National Human Rights Commission (NHRC) of India is a statutory body constituted in 1993 under the Protection of Human Rights Act, 1993. Unlike constitutional bodies such as the Election Commission or the Comptroller and Auditor General, the NHRC derives its authority solely from this statute. Its primary role is to protect and promote human rights in India. 

Over the last three decades, NHRC has become the foremost institution to safeguard the fundamental rights of individuals guaranteed under the Indian Constitution and international human rights instruments.

Historical Background

Before the establishment of the NHRC, human rights protection in India largely depended on judicial remedies and occasional commissions of inquiry. Rising incidents of custodial deaths, fake encounters, and other rights violations in the 1980s and early 1990s spurred the demand for a dedicated national institution. 

India responded to this call by promulgating the Protection of Human Rights Ordinance on 28 September 1993, which was soon replaced by the Protection of Human Rights Act, 1993, giving statutory status to the NHRC. The Commission aligns itself with the Paris Principles adopted by the United Nations, which lay down the international standards for national human rights institutions.

Concept and Definition of Human Rights

Human rights are the basic rights and freedoms inherent to all individuals without discrimination on grounds such as race, caste, sex, religion, or nationality. The United Nations defines human rights as rights inherent to all human beings regardless of any status. These include rights such as the right to life, liberty, equality, freedom from torture and slavery, freedom of expression, right to work, education, and participation in cultural life.

In India, the Protection of Human Rights Act defines human rights as those relating to life, liberty, equality, and dignity guaranteed by the Constitution and enforceable by courts. These rights find mention in fundamental rights enshrined in Part III of the Constitution, such as Articles 14, 19, and 21.

Objectives of NHRC

The NHRC was established with specific objectives:

• To strengthen institutional mechanisms for addressing human rights issues comprehensively.
• To independently investigate allegations of human rights violations and excesses committed by government officials.
• To complement and reinforce existing human rights protections and initiatives.

Composition of the NHRC

The NHRC is a multi-member body comprising both full-time and ex-officio members.

• Full-time Members: The Commission consists of a Chairperson and five members.
  • The Chairperson must be a retired Chief Justice of India or a Judge of the Supreme Court.
  • One member should be a serving or retired Supreme Court Judge.
  • One member should be a serving or retired Chief Justice of a High Court.
  • The remaining three members should have knowledge or practical experience in human rights matters; one among these must be a woman.
• Ex-officio Members: These include Chairpersons of the National Commissions for Minorities, Scheduled Castes, Scheduled Tribes, Women, Backward Classes, Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities.

This composition ensures a wide representation of expertise and addresses diverse human rights issues.

Appointment and Tenure

The Chairperson and members of NHRC are appointed by the President of India on the recommendation of a committee headed by the Prime Minister. The committee also includes the Union Home Minister, the Speaker and Leader of Opposition in the Lok Sabha, and the Deputy Chairman and Leader of Opposition in the Rajya Sabha. For appointing serving Supreme Court Judges or Chief Justices of High Courts, consultation with the Chief Justice of India is mandatory.

Members serve a term of three years or until they attain the age of 70, whichever is earlier. They are eligible for re-appointment but are barred from seeking any further employment under the Central or State Government after their tenure.

Removal of Members

The NHRC Chairperson or members can be removed by the President on certain grounds such as insolvency, unsound mind (declared by a competent court), conviction for an offence involving moral turpitude, engagement in outside paid employment during their term, or infirmity of mind or body making them unfit for office. Additionally, proven misbehaviour or incapacity can be grounds for removal but only after a Supreme Court inquiry that confirms the charges.

Functions and Powers of the NHRC

The NHRC holds a broad mandate to protect and promote human rights. Its functions include:

1. Inquiry into Human Rights Violations: NHRC can initiate inquiries suo motu or on petitions regarding violations or negligence in preventing such violations by public servants.
2. Intervention in Court Proceedings: The Commission may intervene in any court case involving human rights allegations after obtaining court permission.
3. Inspection of Detention Facilities: NHRC conducts visits to jails, juvenile homes, and other places of detention to assess living conditions and recommend improvements.
4. Review of Safeguards: It reviews constitutional, legal, and administrative safeguards to protect human rights and suggests measures for their effective implementation.
5. Research and Awareness: The Commission promotes research, organises seminars, and spreads awareness through media to educate the public on human rights.
6. Study of International Instruments: NHRC examines international human rights treaties and recommends ways to implement their provisions in India.
7. Encouraging NGOs: It supports non-governmental organisations engaged in human rights protection.
8. Other Functions: The NHRC can perform any other functions necessary for human rights promotion.

To discharge these functions, the NHRC has its own investigation wing headed by a Director General of Police and can seek assistance from government agencies. The Commission possesses powers similar to a civil court: it can summon persons, demand evidence, requisition records, and conduct inquiries.

Limitations and Nature of Recommendations

The Commission’s recommendations are primarily recommendatory and not binding on the government or concerned authorities. However, authorities must inform the NHRC of the action taken within one month of receiving recommendations. The Commission cannot award relief or punish violators directly. In matters related to the armed forces, its role is limited; it primarily seeks reports from the Central Government and offers recommendations, which the government is obliged to respond to within three months.

State Human Rights Commissions (SHRCs)

The Protection of Human Rights Act also provides for the constitution of State Human Rights Commissions. These bodies perform similar functions at the state level. Each SHRC consists of a Chairperson, who is generally a retired Chief Justice of a High Court, and members including serving or retired judges and experts in human rights. The appointment committee at the state level includes the Governor (appointing authority), the Chief Minister, the Speaker of the Legislative Assembly, the Home Minister, and the Leader of Opposition.

Currently, 25 states have constituted SHRCs, with West Bengal being the first in 1995 and Uttarakhand the most recent in 2013. These commissions investigate human rights violations within their respective states and coordinate with the NHRC.

Complaint Procedure

Any individual or organisation can file a complaint with the NHRC alleging human rights violations or negligence by a public servant. Complaints must be filed within one year of the alleged violation and can be submitted in any language listed in the Eighth Schedule of the Constitution. No fee is charged for filing a complaint.

Complaints can be lodged in multiple ways: by post, email, fax, telephone, or online through the NHRC’s official portal. Upon receiving a complaint, the NHRC seeks information from the concerned authorities, which must respond within three months. The Commission may close the complaint if satisfied with the response or proceed to conduct a detailed inquiry.

After completing the inquiry, the NHRC may recommend compensation for the victim, prosecution or disciplinary action against the offenders, interim relief, or approach higher courts for necessary directions. The Commission also publishes reports on its findings and the action taken by authorities.

Issues Addressed by the NHRC

The NHRC addresses a wide array of human rights issues, including but not limited to:

• Arbitrary arrest and detention
• Custodial torture and deaths
• Fake encounters
• Communal violence
• Atrocities against women, children, and vulnerable groups
• Non-payment of retirement benefits
• Child labour
• Extra-judicial killings
• Sexual violence and abuse
• Rights of LGBTQ+ community
• Issues concerning Scheduled Castes, Scheduled Tribes, disabled persons, and religious minorities
• Labour rights and displacement due to conflict
• Manual scavenging

Challenges Faced by the NHRC

Despite its important role, the NHRC faces several challenges:

• Administrative Constraints: Limited infrastructure, insufficient funding, and staff shortages restrict its effective functioning.
• Financial Dependency: The Commission depends on grants from the Ministry of Home Affairs, limiting its financial autonomy.
• Manpower Shortages: There is a shortage of trained investigators, legal experts, and support staff, which affects timely processing of complaints and investigations.
• Operational Limitations: NHRC’s reach is limited, especially in remote and marginalised areas. Public awareness about NHRC’s functions is low, leading to under-reporting of violations.
• Enforcement Limitations: The NHRC’s lack of binding authority reduces its effectiveness. Authorities sometimes delay or ignore its recommendations.

Conclusion

The National Human Rights Commission is a vital institution in India’s human rights framework. It safeguards fundamental liberties, investigates violations, promotes awareness, and advises the government on human rights issues. While the NHRC has made significant contributions since its inception, challenges related to resource constraints, limited enforcement powers, and outreach persist.