National Human Rights Commission

National Human Rights Commission is a statutory body that was established in 1993 in order to safeguard human rights within India. In this article, you will learn about national human rights commission, powers and functions of national human rights commission, role of the national human rights commission, tenure and appointment, etc.

This article will provide key insights for GS Paper-II Polity and Governance section of UPSC IAS Exam.

Table of Content

• What is National Human Rights Commission?
• Functions of National human rights commission in India
• Composition of the National Human Rights Commission
• Appointment of the members of the National Human Rights Commission
• Tenure of National Human Rights Commission
• Salaries, allowances of the members of the National Human Rights Commission
• Powers of National Human Rights Commission
• Role of National Human Rights Commission
• Human rights issues taken up by the Commission
• Conclusion
• Frequently Asked Questions

What is National Human Rights Commission?

• The National Human Rights Commission is a statutory body that was established in order to safeguard human rights within India.
• The National Human Rights Commission was established in 1993 under the Protection of Human Rights Act, 1993.
• Main objectives of the Commission:
  • It enhances the institutional framework in India to address human rights issues with greater focus.
  • It independently investigates allegations of abuses to demonstrate the government’s dedication to preserve human rights.

Functions of National human rights commission in India:

• The Commission oversees the rights pertaining to life, liberty, equality, and dignity.
  • These rights are enshrined in the Constitution and under the international agreements.
• It conducts inquiries on the instances of human rights violations or negligence by public servants in preventing such violations.
  • These inquiries can be initiated Suo motu, or in response to a petition, or by a court order.
• It can intervene in any court proceedings related to the allegations of human rights violations.
• It can visit any prisons and detention centres to assess the living conditions of prisoners and recommend the government for improvement.
• It can evaluate any constitutional and legal safeguards in order to protect human rights and propose effective measures for their implementation.
• It analyses factors that hinders the enjoyment of human rights such as acts of terrorism and suggests remedial actions for them.
• It studies international treaties and other such instruments related to human rights and suggests recommendations for their implementation.
• It conducts and promotes research in the field of human rights.
• It spreads awareness and knowledge about safeguards available for human rights protection amongst the public.
• It supports and encourages the endeavours of Non-Governmental Organizations working in the field of human rights.
• It undertakes any other necessary functions that contributes towards the advancement of human rights.

Composition of the National Human Rights Commission:

• The National Human Rights Commission members includes a chairperson and 5 other members.
  • Additionally, there are 7 ex-officio members.
• The National Human Rights Commission Chairman must be either a retiredChief Justice of India or a Judge from the Supreme Court.
  • The first chairman of National Human Rights Commission was Ranganath Misra.
• The remaining members can consist of-
  • A serving or retired Supreme Court judge;
  • A serving or retired chief justice from a High Court;
  • 3 individuals with knowledge or practical experience in human rights, with at least one being a woman.
• The 7 ex-officio members are the chairpersons of the-
  • The National Commission for Minorities
  • The National Commission for SCs
  • The National Commission for STs
  • The National Commission for Women
  • The National Commission for BCs
  • The National Commission for Protection of Child Rights
  • The Chief Commissioner for Persons with Disabilities

Appointment of the members of the National Human Rights Commission:

• The President of India follows the recommendations of a six-member committee in order to appoint the chairperson and members.
• This recommending committee consists of the Prime Minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the leaders of the Opposition of both the Houses of Parliament, and the Central Home Minister.
• The appointment of a sitting judge from the Supreme Court or a sitting Chief Justice from a High Court requires consultation with the Chief Justice of India.

Tenure of National Human Rights Commission:

• The chairperson and members serve a term of three years or until they reach the age of 70, whichever comes first.
• They are eligible for re-appointment but they cannot take up further employment under the Central or a State government after the end of their tenure.
• Under specific circumstances, the President of India holds the authority to remove the chairperson or any member from the office.
• The circumstances for the removal of members are being:
  • Adjudged insolvent
  • Engaging in paid employment outside their official duties
  • Unfit to continue in office due to mental or physical infirmity
  • Declared of unsound mind by a competent court
  • Convicted and sentenced to imprisonment
  • Proven misbehaviour or incapacity
• In case of removal of the members, the President must refer the matter to the Supreme Court for an inquiry.
• If the Supreme Court upholds the cause for removal and advises accordingly, then the President can proceed with the removal.

Salaries, allowances of the members of the National Human Rights Commission:

• The salaries, allowances, and other conditions of service for the chairperson and members are determined by the Central government.
• The salaries, allowances, and other conditions cannot be altered to their disadvantage after their appointment.
• All these provisions aim to ensure the Commission’s autonomy, independence, and impartiality in its functioning.

Powers of National Human Rights Commission:

• The headquarters of National Human Rights Commission is located in Delhi.
  • The commission has the authority to establish additional offices in various locations throughout India.
• It possesses the power to regulate its own procedures.
• It functions with the same authority as a civil court.
  • This gives its proceedings a judicial nature.
• The commission can request information or reports from the Central and State governments, or from any subordinate authorities.
• For the investigation of human rights complaints, the commission maintains its own team of investigators.
• It is also authorized to utilize the services of any officers or investigation agencies of the Central or state governments.
• It collaborates with NGOs that possess first-hand information regarding human rights violations.
• The commission cannot conduct inquiries into matters that occurred more than one year prior to the alleged violation of human rights.
  • It can only examine cases that have occurred within a year.
• During or upon the conclusion of an inquiry, the commission can undertake the following actions:
  • Recommend to the relevant government or authority to provide compensation or damages to the victim.
  • Advise the concerned government or authority to initiate legal proceedings or take appropriate action against the responsible public servant.
  • Recommend the immediate interim relief to the victim by the relevant government or authority.
  • Approach the Supreme Court or the respective High Court for necessary directions, orders, or writs related to the matter.

Role of National Human Rights Commission:

• The commission primarily serves an advisory role and does not possess the authority to penalize violators of human rights or provide relief, including financial compensation, to the victims.
• The commission’s recommendations are not binding on the relevant government or authority.
  • However, the government should inform the commission about the actions taken on its recommendations within one month.
• The commission’s role, powers, and jurisdiction are limited when it comes to human rights violations by armed forces members.
  • In such cases, the commission can request a report from the Central government and offer recommendations.
  • The Central government is obligated to inform the commission of the actions taken on its recommendations within 3 months.
• The commission submits its annual or special reports to both the Central government and the relevant state government.
  • These reports are presented in the respective legislatures, along with a memorandum outlining the actions taken based on the recommendations and the reasons for any non-acceptance of those recommendations.

Human rights issues taken up by the Commission:

• Abolition of Bonded Labour
• Functioning of the Mental Hospitals at Ranchi, Agra and Gwalior
• Functioning of the Government Protective Home (Women), Agra
• Issues Concerning Right to Food
• Review of the Child Marriage Restraint Act, 1929
• Protocols to the Convention on the Rights of the Child
• Preventing Employment of Children by Government Servants: Amendment of Service Rules
• Abolition of Child Labour
• Guidebook for the Media on Sexual Violence against Children
• Trafficking in Women and Children: Manual for the Judiciary for Gender Sensitisation
• Sensitisation Programme on Prevention of Sex Tourism and Trafficking
• Maternal Anemia and Human Rights
• Rehabilitation of Destitute Women in Vrindavan
• Combating Sexual Harassment of Women at the Work Place
• Harassment of Women Passengers in Trains
• Abolition of Manual Scavenging
• Dalits Issues including Atrocities Perpetrated on them
• Problems Faced by Denotified and Nomadic Tribes
• Rights of the Disabled Persons
• Issues Related to Right to Health
• Rights of Persons Affected by HIV / AIDS
• Relief Work for the Victims of 1999 Orissa Cyclone
• Monitoring of Relief Measures undertaken after Gujarat Earthquake (2001)
• District Complaints Authority
• Population Policy – Development and Human Rights
• Review of Statutes, including Terrorist & Disruptive Activities Act, and (Draft) Prevention of Terrorism Bill, 2000
• Protection of Human Rights in Areas of Insurgency and Terrorism
• Guidelines to Check Misuse of the Power of Arrest by the Police
• Setting up of Human Rights Cells in the State / City Police Headquarters
• Steps to Check Custodial Deaths, Rape and Torture
• Accession to the Convention against Torture, Additional Protocols to the Geneva Conventions.
• Discussion on Adoption of a Refugee Law for the Country
• Systemic Reforms of Police, Prisons and other Centers of Detention
• Review of Laws, Implementation of Treaties, and the International Instruments on Human Rights
• Promotion of Human Rights Literacy and Awareness in the Educational System
• Human Rights Training for the Armed Forces and Police, Public Authorities and Civil Society
• Action Research on Trafficking
• Research through well-known academic institutions and NGOs on various issues relating to human rights
• Constitution with NGOs and experts / specialists on human rights issues.

Conclusion

The commission serves as a watchdog to ensure the protection of individual rights guaranteed by the Constitution and international covenants. While the commission’s recommendations are not binding, they hold some material authority to which the government must consider seriously. The commission plays a pivotal role in upholding human rights principles, ensuring justice, and promoting a society that values and protects the dignity and equality of every individual.

Ref: Source-1

Other Articles in Polity & Governance
Inter-State Water Disputes	National Anti-profiteering Authority (NAA)
Armed Forces (Special Powers) Act (AFSPA)	Federal and Unitary Features of Indian Constitution
Armed Forces (Special Powers) Act (AFSPA)	Fundamental Duties in India

FAQs (Frequently Asked Questions)