National Human Rights Commission (NHRC)
The National Human Rights Commission is an independent statutory body, established on
October 12, 1993, under the Protection of Human Rights Act, 1993.
The commission serves as a guardian of human rights in India, overseeing the rights
associated with life, liberty, equality, and the dignity of individuals.
These rights are guaranteed by the Constitution of India and are also reflected in international
covenants, like the Paris Principles on Human Rights.
Human Rights: Section 2(1)(d) of the Protection of Human Rights Act, 1993 defines human
rights as the rights concerning an individual’s life, liberty, equality, and dignity, which are
protected by the Constitution or outlined in international treaties and can be enforced in Indian
courts
Objectives
● To strengthen institutional arrangements that allow for a comprehensive and focused
approach to addressing human rights issues.
● To investigate allegations of excesses by authorities independently, demonstrating the
government’s commitment to safeguarding human rights.
● To complement and bolster existing efforts aimed at promoting and protecting human
rights
Composition (Section 3)
Chairperson: Former Chief Justice of India
Members:
One former Judge of the Supreme Court
One former Chief Justice of a High Court
Two members with knowledge of or practical experience in human rights
Ex-officio Members:
Chairpersons of the National Commissions for SCs, STs, Women, Minorities, and Backward
Classes
NHRC Appointment (Section 4)
The appointment of the chairperson and members of the NHRC is carried out by the President
of India based on the recommendations of a six-member committee.
● This committee is headed by the Prime Minister and includes the following members:
● Speaker of the Lok Sabha,
● Deputy Chairman of the Rajya Sabha,
● Leaders of the Opposition in both Houses of Parliament, and
● Union Home Minister.
● Additionally, the appointment of a sitting judge of the Supreme Court or a sitting Chief
Justice of a High Court requires prior consultation with the Chief Justice of India.
Tenure and Conditions of Service. S.6
The chairperson and members of the NHRC serve for a term of three years or until they reach
the age of 70 years, whichever is earlier.
They are eligible for reappointment following the completion of their term. However, once their
tenure concludes, neither the chairperson nor the members are permitted to seek further
employment with the Central or State government.
NHRC Removal S.5
The President of India can remove the NHRC chairperson or members under certain
circumstances, including insolvency, engaging in outside paid employment, physical or mental
incapacity, being declared of unsound mind, or conviction and imprisonment for a crime. In
cases of proven misbehaviour or incapacity, the President must refer the matter to the Supreme
Court for an inquiry. If the Court confirms the grounds for removal, the President can then
remove the individual from office.
NHRC Functions S.12
The NHRC is entrusted with a variety of functions aimed at promoting and protecting human
rights across India. These functions include conducting inquiries into violations, recommending
measures for improvement, and raising awareness about human rights issues. The key
functions of the NHRC are as follows:
1. To inquire into any violation of human rights or negligence in preventing such violations
by public servants, either on its initiative (suo motu), based on petitions presented to it,
or by order of a court.
2. To intervene in any ongoing court proceedings involving allegations of human rights
violations.
3. To visit prisons and detention centres to assess the living conditions of inmates and
make recommendations for improvements.
4. To review constitutional and legal safeguards for the protection of human rights and
suggest measures for their effective implementation.
5. To analyze factors such as acts of terrorism that impede the enjoyment of human rights
and recommend necessary remedial actions.
6. To study treaties and international human rights instruments and recommend effective
measures for their implementation.
7. To promote and conduct research in the field of human rights.
8. To enhance human rights literacy among the public and increase awareness of the
protections available for these rights.
9. To support the initiatives of nongovernmental organizations (NGOs) working in the area
of human rights.
10.To undertake any other functions deemed necessary for the promotion of human rights.
NHRC and Armed Forces
1. The National Human Rights Commission, upon receiving petitions or acting on its own,
may seek a report from the Central Government regarding alleged human rights
violations by the armed forces.
2. After reviewing the report, the Commission may either dismiss the complaint or make
recommendations to the Government.
3. The Central Government must then inform the Commission of the actions taken on these
recommendations within three months or within an extended time allowed by the
Commission.
4. The NHRC is also required to publish its report, including the recommendations and the
actions taken, and provide a copy to the petitioner.
NHRC – National Human Rights Commission Reports
The National Commission of Human Rights is required to submit an annual report to both the
Central Government and the relevant State Government. The Central and State Governments
must then ensure that these reports are presented to each House of Parliament or the State
Legislature, along with a memorandum detailing the actions taken or proposed in response to
the Commission’s recommendations. If any recommendations are not accepted, the
memorandum must also provide reasons for their rejection.
NHRC Powers. S.13
The NHRC is endowed with the authority to regulate its procedures and possesses all the
powers of a civil court, giving its proceedings a judicial character.
It can call for information or reports from both the Central and State governments, as well as
any subordinate authorities.
The commission has its investigative staff dedicated to looking into complaints of human rights
violations and is authorized to use the services of any officer or investigative agency from the
Central or State governments as needed.
During or after completing an inquiry, the NHRC may take several actions, including:
1. Recommending to the relevant government or authority the payment of compensation or
damages to the victim.
2. Recommending the initiation of legal proceedings against the guilty public servant.
3. Recommending the provision of immediate interim relief to the victim by the concerned
government or authority.
4. Approaching the Supreme Court or the relevant High Court for necessary directions,
orders, or writs related to the case.
5. However, the NHRC cannot inquire into any matter after one year has elapsed from the
date the act constituting the alleged human rights violation occurred.
NHRC Performance
The NHRC has actively engaged in addressing a wide range of human rights issues across
India. Its efforts aim to promote and protect the rights of various marginalized groups and
ensure adherence to human rights standards. Some notable issues taken up by the
Commission include:
● Abolition of Bonded Labour
● Abolition of Child Labour
● Rights of the Disabled Persons
● Rights of Persons Affected by HIV / AIDS
● Steps to Check Custodial Deaths, Rape and Torture, etc.
NHRC Challenges
Despite its vital role in promoting and protecting human rights, the NHRC faces several
challenges that can impede its effectiveness.
Delayed Appointment: Often delayed appointment of Chairperson and members raised
concerns about the NHRC’s ability to effectively address human rights issues.
Global Alliance of National Human Rights Institutions (GANHRI) recently deferred NHRC’s
accreditation for the second consecutive year, citing the lack of transparency in the appointment
process and insufficient representation of women and minorities within the Commission.
Non-Binding Recommendations: The NHRC can only recommend actions to the government,
with no enforcement power, limiting its impact on human rights protection.
The NHRC is called a “toothless tiger” for being seen as passive in addressing human rights
violations, a term coined by former Chief Justice HL Dattu, its chairperson in 2016.
Inability to Punish Violators: The NHRC cannot impose penalties on perpetrators or directly
provide relief to victims, undermining its effectiveness.
Limited Investigative Authority: Lacking an independent investigative mechanism, the NHRC
relies on state and central governments, leading to potential bias, especially in cases involving
state actors.
Time Constraints on Complaints: The NHRC can only consider complaints within one year of the
incident, excluding many historical grievances.
Resource Constraints: Limited funding and staff hinder the NHRC’s ability to manage cases
and raise public awareness.
Perceived Lack of Independence: Concerns over political influence arise from the NHRC’s
composition, which includes government-appointed former bureaucrats and judges.
Reactive Approach: The NHRC is often criticized for reacting to issues rather than proactively
preventing human rights violations
State Human Rights Commission (SHRC)
1. Composition (Section 21)
Chairperson: Former Chief Justice of a High Court
Members:
One serving or retired High Court Judge or District Judge (7 years experience)
One expert in human rights
2. Appointment (Section 22)
By the Governor on the recommendation of a committee:
Chief Minister (Chairperson)
Speaker of the Legislative Assembly
State Home Minister
Leader of the Opposition
3. Tenure & Removal (Section 23 & 24)
Same as NHRC: 3 years or till 70 years of age
Removal process also similar to NHRC
4. Functions & Powers (Section 29)
Similar to NHRC but limited to matters related to the state
Cannot inquire into matters pending before NHRC or central commissions
III. Human Rights Courts (Section 30 & 31)
1. Establishment
State Governments may notify one or more Sessions Courts as Human Rights Courts with
consultation of the High Court Chief Justice
2. Special Public Prosecutor
Appointed under Section 31 to handle cases in Human Rights Courts
IV. Important Case Laws
1. D.K. Basu v. State of West Bengal (AIR 1997 SC 610)
Guidelines on arrest and detention
Strengthened NHRC’s role in custodial violence
2. Nilabati Behera v. State of Orissa (AIR 1993 SC 1960)
Compensation for custodial death
Highlighted NHRC’s recommendation powers
3. People’s Union for Civil Liberties (PUCL) v. Union of India (2003)
Addressed illegal phone tapping and surveillance
Reinforced right to privacy
4. NHRC v. State of Arunachal Pradesh (1996)
Upheld the rights of Chakma refugees
Stressed NHRC’s jurisdiction in inter-state matters
Human rights court:
1.Section 30 of the Protection of Human Rights Act, 1993
Deals with the establishment of Human Rights Courts.
2. Composition of Human Rights Court:
Judge:
A Sessions Court Judge is designated as the Human Rights Court Judge in each district.
Authority for Designation:
The State Government, with the concurrence of the Chief Justice of the High Court, may specify
a Court of Session as a Human Rights Court for one or more districts.
No separate judge is appointed, rather an existing Sessions Judge is given additional
responsibility.
3. Functions of Human Rights Courts:
Primary Function:
To ensure the speedy trial of offences that involve the violation of human rights.
Jurisdiction:
It tries cases related to offences arising out of human rights violations, as may be specified by
the State Government.
Trial of Cases:
The court may take up criminal cases involving human rights violations, such as custodial
deaths, police brutality, unlawful detention, etc.
4. Appointment of Special Public Prosecutor (Section 31):
To facilitate effective prosecution, the State Government may appoint a Special Public
Prosecutor or appoint an advocate with at least 7 years of experience as a Public Prosecutor for
conducting cases in the Human Rights Court.
5. Role in Protection of Human Rights:
Provides a dedicated judicial forum for quick redressal of human rights violation cases.
Supplements the work of NHRC and SHRCs by taking action on their recommendations when
prosecution is required.
Acts as a deterrent against violations of human rights by enabling swift justice.
6. Limitations / Challenges:
Many states have not constituted Human Rights Courts despite provision in the Act.
Often, there is lack of awareness, infrastructure, or resources to make these courts function
effectively.
