National Human Rights Commission

Establishment

• A statutory, non-constitutional body.
• Established in 1993 under the Protection of Human Rights Act, 1993.
• Serves as a watchdog for human rights, encompassing rights related to life, liberty, equality, and dignity, as guaranteed by the Constitution, international covenants, and enforceable by Indian courts.
• Specific objectives:
  • Strengthen institutional arrangements for addressing human rights issues.
  • Investigate allegations of excesses independently, ensuring the government's commitment to human rights protection.
  • Complement existing efforts in the field of human rights.

Composition

• Multi-member body with a chairperson and five members.
• Chairperson: Retired Chief Justice of India or a Judge of the Supreme Court.
• Members:
  • Serving or retired Judge of the Supreme Court.
  • Serving or retired Chief Justice of a High Court.
  • Three persons with knowledge or practical experience in human rights (at least one woman).
• Seven ex-officio members: Chairpersons of various National Commissions (Minorities, SCs, STs, Women, BCS, Child Rights) and the Chief Commissioner for Persons with Disabilities.
• Appointed by the President based on recommendations from a six-member committee:
  • Prime Minister (Head).
  • Speaker of the Lok Sabha.
  • Deputy Chairman of the Rajya Sabha.
  • Leaders of the Opposition in both Houses of Parliament.
  • Central Home Minister.
  • Sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consulting with the chief justice of India.
• Term: Three years or until age 70, whichever is earlier.
• Eligible for reappointment.
• Not eligible for further employment under the Central or State government after their tenure.
• Removal by the President under specific circumstances:
  • Adjudged insolvent.
  • Engages in paid employment outside official duties.
  • Unfit due to infirmity of mind or body.
  • Of unsound mind (declared by a competent court).
  • Convicted and sentenced to imprisonment.
  • Proved misbehaviour or incapacity (after Supreme Court inquiry and advice).
• Salaries, allowances and service conditions are determined by the Central Government but cannot be altered to their disadvantage after appointment.

Functions

• Inquire into human rights violations or negligence in prevention by a public servant, either suo motu, on petition, or by court order.
• Intervene in court proceedings involving human rights violations.
• Visit jails and detention places; recommend improvements.
• Review constitutional and legal safeguards for human rights; recommend effective measures.
• Review factors inhibiting human rights enjoyment (including terrorism); recommend remedial measures.
• Study international human rights instruments; recommend effective implementation.
• Undertake and promote human rights research.
• Spread human rights literacy; promote awareness of safeguards.
• Encourage efforts of NGOs working in the field of human rights.
• Undertake other functions for the promotion of human rights.
• Commission has been making concerted efforts at enhancing awareness about human rights in the country, receiving full support from civil society/NGOs/human rights activists and the media.
• The complaints received by the commission cover a wide range of issues such as alleged human rights violations due to negligence by public servants in the prevention of such violations, alleged custodial deaths, torture, fake encounters, police highhandedness.

Working

• Headquarters in Delhi; can establish offices elsewhere in India.
• Power to regulate its procedure.
• Possesses powers of a civil court; proceedings have a judicial character.
• Can request information/reports from Central and State governments.
• Own investigating staff for human rights violations.
• Empowered to use services of any officer or investigation agency of the Central government or any state government.
• Established cooperation with NGOs.
• Cannot inquire into matters after one year from the alleged violation.
• Upon inquiry, the commission can:
  • Recommend compensation to the victim.
  • Recommend prosecution or action against the guilty public servant.
  • Recommend interim relief to the victim.
  • Approach the Supreme Court or High Court for directions, orders or writs.

Role

• Functions are mainly recommendatory.
• No power to punish violators or award relief (including monetary relief).
• Recommendations are non-binding, but the concerned government/authority must be informed about action taken within one month.

Problems

• Administrative Constraints
  • The role of the commission is expanding day by day and it is handling more or less one lakh complaints every year reflecting the growing trust reposed by the citizens of India. This necessitates devolution of powers to the Chairperson of the commission in administrative as well as financial matters.
• Financial Constraints
  • The commission wishes to have financial autonomy to purchase vehicles as the same has not been delegated.
• Manpower Constraints
  • Since its inception, the commission has never had the full sanctioned strength as compared to the available strength.