National Human Rights Commission of India

12 Aug 2023 6 mins Download PDF

National Human Rights Commission of India

Why in the news?

The Supreme Court (SC) observed that the National Human Rights commission (NHRC) of India acted like a ‘Super Election Commission of India’ in a matter related to the West Bengal (WB) Poll Violence.

• The NHRC appointed a ‘special human rights observer’ to gather information regarding the incidents of violence during Panchayat elections conducted in WB.

• The SC has held that supervision and control of Panchayat elections was the sole role of the State Election commission under Art. 243K of the constitution.

The National Human Rights commission (NHRC) of India:

1. Established under the Protection of Human Rights Act (PHRA), 1993 for the protection and promotion of key features of human rights across the country.
2. As per the Act, ‘human rights’ means the ‘rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India’.
3. Composition of the Commission:
   1. A Chairperson who has been a Chief Justice of India or a Judge of the Supreme Court
   2. One Member who is, or has been, a Judge of the Supreme Court
   3. One Member who is, or has been, the Chief Justice of a High Court
   4. Three Members, out of which at least one shall be a woman, to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
   5. Ex-officio members shall consist of Chairpersons of
      1. The National Commission for Minorities
      2. The National Commission for Scheduled Castes and Scheduled Tribes
      3. The National Commission for Women
   6. A Secretary-General shall act as the Chief Executive Officer of the commission.
4. Appointment of Members: The members of NHRC including the Chairperson are appointed by the President of India, on the recommendations of a high-level Committee comprising of,
   1. Prime Minister (as Chairperson)
   2. The Speaker of the Lok Sabha
   3. Deputy Chairman of the Rajya Sabha
      1. The Minister in-charge of the Ministry of Home Affairs in GoI
      2. Leaders of the Opposition in the Lok Sabha and Rajya Sabha (Council of States).
5. Tenure: Five years or until the attainment of the age of 70 years. After their tenure, the chairperson and members are not eligible for employment with the Central or State governments to ensure the independent functioning of the NHRC.
6. Removal of Chairperson or members of the NHRC:
   1. Removed by an order passed by the president on the basis of proved misbehavior or incapacity.
7. 1. The Supreme Court shall investigate the charges and makes recommendations to the President regarding removal, who shall act further.
   2. The chairperson can be removed from office on the grounds if,
8. He is adjudged insolvent, 
9. he is engaged in any paid employment outside the duties of his office during his term of office. 
10. he has become incompetent to continue his office, 
11. he has been declared a person of unsound mind by a court, or 
12. he has been found guilty and sentenced to imprisonment for an offence which, in the opinion of the President, involves moral turpitude
    1. 1. 7. Powers and Functions of the NHRC:
13. Investigate charges of Human rights violations or negligence by any public official, either proactive or reactively i.e., before or after the incident.
14. To evaluate the prisoners’ living conditions and give suggestions by making visits to jail or any other centre of the state government where people have been imprisoned or held for treatment, reformation, or protection and rehabilitation in order.
15. Protection and advancement of human rights of Individuals by utilizing the safeguards provided by or under the Constitution or any legislation in force and also make recommendations for their successful implementation.
16. Analyse the causes that hinder the enjoyment of human rights, including acts of terrorism, and provide recommendations for appropriate remedies. Establish and foster research projects at colleges, universities, and other professional fields.
17. The conditions or challenges that limit the implementation of human rights in India are evaluated and reviewed on a regular basis.
18. Encourage human rights education among all parts of society, as well as knowledge of the defence mechanisms available to safeguard these rights, through publications, the media, conferences, workshops, seminars, and other activities. 
19. Any view, approval, recommendation, or report on any issue involving the promotion and preservation of human rights should be directed to the government. 
20. Prepare monthly reports on the actual position of human rights in general, as well as other particular issues in the country;
21. Assistance to the government on situations involving human rights violations and strategies for preventing them;
10. Collaborate with the United Nations and other UN-affiliated organisations, as well as regional and national institutions in other countries with expertise in human rights protection and promotion;
11. Participation and assistance in developing and implementing human rights education and awareness programmes for teaching and research, as well as participation in their implementation in schools, colleges, universities, and other professional fields;
12. Increase public knowledge of human rights and attempt to combat all types of prejudice by raising public awareness, particularly via correct information and awakening human rights education, and by utilising all media outlets;
13. Perform any additional tasks that it deems beneficial to the promotion and protection of human rights.
14. To adjudicate in court proceedings involving human rights problems with the permission of the court.