JAX FOUNDATION

REPORT
ON
NATIONAL HUMAN RIGHTS COMMISSION
(NHRC)

Submitted By:
Yengkhom Karnajit Meetei
 INTRODUCTION:
What are Human Rights?
 As per UN definition these rights are inherent to all human beings, regardless of race,
sex, nationality, ethnicity, language, religion, or any other status.
 Human rights include the right to life and liberty, freedom from slavery and torture,
freedom of opinion and expression, the right to work and education, and many more.
 These are entitled to everyone, without any discrimination.

NHRC:
The National Human Rights Commission is an expression of India's concern for the
protection and promotion of human rights. It came into being in October, 1993 under
The Protection of Human Rights Act, 1993 and hence it is a statutory body (and not
constitutional). The NHRC is a public body constituted in 1993 under the Protection of
Human Rights act. The commission has powers to inquire violations of human rights by
government of India and by any public servant. It shall also review acts of terrorism
inhibiting acts of terrorism. NHRC also studies treaties on human rights globally and suggests
recommendations of their implementation.

By law, every state should set up human rights commission. However, only 22 states have
such commission at state level currently. There are still eight states in India without human
rights commissions. It includes Goa, Arunachal Pradesh, Meghalaya, Nagaland, Mizoram,
Tripura, Haryana and Uttarakhand. NHRC is apex statutory watchdog of human rights in the
country, i.e. the rights related to life, liberty, equality and dignity of the individual guaranteed
by Constitution or embodied in the international convents. It is multimember body consisting
of Chairman and four members. President appoints Chairman and members of NHRC on
recommendation of high-powered committee headed by Prime Minister. Its headquarters is
located in New Delhi. NHRC can either take suo motu cognisance of cases through media
reports or complaint filed by victim or any other person on his or her behalf or on basis of
reports received from the police department. Protection of Human Rights Act, 1993
(TPHRA) gave this Commission a status of a complete statutory basis to act as a Commission
for the fruitful outcome.

National Human Rights Commission has already become an outstanding human rights
institution with its national reputation and by performing the main roles to guard rights. It is
one of the important responsible groups through creating total awareness and to promote the
rights which have been given the key importance in the Act.
Composition of NHRC:
National Human Rights Commission is an independent body works broadly and consists of
highly knowledgeable team to work in the areas of human rights. The composition of this
Commission is:
 The head or chairperson being selected from the judiciary so any Supreme Court
Chief Justice to lead the team members.
 Two members are selected from the judiciary out of whom one should be a sitting or
former Supreme Court Judge and the other any High Court’s Chief Justice
respectively.
 They are the key members besides rest two members whose appointments base on
their knowledge level on both practical and theoretical grounds who could give new
direction to human rights issues.
 Ex office members of NHRC are the chairpersons of four National Commissions to
complete this Commission as a national body.
President appoints chairperson and the members of National Human Rights Commission for
which a committee nominates the names. This committee consists of chairperson, the Prime
Minister and the members including Home Minister, Leader of the Opposition in Lok Sabha,
Leader of the Opposition in Rajya Sabha, Speaker and the Rajya Sabha Deputy Chairman.

Removal of a Member of the Commission:

Section 5 of the Protection of Human Rights Act describes the procedures and ground for the
removal of the any member of the Commission. . The President may remove the
Chairperson or any other Member if he:
1. Is adjudged an insolvent; or
2. Engages during his term of office in any paid employment outside the duties of his
office; or
3. Is unfit to continue in office by reason of infirmity of mind or body; or
4. Is of unsound mind and stands so declared by a competent court; or
5. Is convicted and sentenced to imprisonment for an offence, which in the opinion of
the President involves moral turpitude.
Additionally, the Chairperson or any other Member of the Commission shall only be removed
from his office by order of the President on the ground of proved misbehaviour or incapacity.
However, in these cases, the President has to refer the matter to the Supreme Court for an
inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so,
then the President can remove the Chairman or a member.
 Structure of the Commission:
 NHRC is a multi-member body which consists of a Chairman and seven other
members. Out of the seven members, three are ex-officio member.
 President appoints the Chairman and members of NHRC on recommendation of high-
powered committee headed by Prime Minister.
 The Chairperson and the members of the NHRC are appointed for 5 years or till the
age of 70 years, whichever is earlier.
 They can be removed only on the charges of proved misbehaviour or incapacity, if
proved by an inquiry conducted by a Supreme Court Judge.
 Commission also has five Specialized Divisions i.e. Law Division, Investigation
Division, Policy Research & Programmes Division, Training Division and Administration
Division.
 The chairman and the members of State Commission are appointed by the
Governor in consultation with the Chief Minister, Home Minister, Speaker of Legislative
Assembly and Leader of the Opposition in the State Legislative Assembly.

Functions and Powers of NHRC:

 NHRC investigates grievances regarding the violation of human rights either suo
moto or after receiving a petition.
 It has the power to interfere in any judicial proceedings involving any allegation of
violation of human rights.
 It can visit any jail or any other institution under the control of the State Government
to see the living conditions of the inmates and to make recommendations thereon.
 It can review the safeguards provided under the constitution or any law for the
protection of the human rights and can recommend appropriate remedial measures.
 NHRC undertakes and promotes research in the field of human rights.
 NHRC works to spread human rights literacy among various sections of society and
promotes awareness of the safeguards available for the protection of these rights through
publications, media, seminars and other means.
 The Commission takes an independent stand while providing opinions for the
protection of human rights within the parlance of the Constitution or in law for the time
being enforced.
 It has the powers of a civil court and can grant interim relief.
 It also has the authority to recommend payment of compensation or damages.
 NHRC credibility is duly reflected in large number of complaints received every year
and the trust reposed in it by the citizens.
 It can recommend to both the central and state governments to take suitable steps to
prevent the violation of Human Rights. It submits its annual report to the President of India
who causes it to be laid before each House of Parliament.
 Strengths of NHRC:
 1. The selection procedure of the members of NHRC is the main factor of its strength. The
composition of the Selection Committee is such that it involves members of ruling as well as
opposition party and both the Houses of Parliament. Also, the composition of NHRC is such
that it involves Legislative, Executive, Judiciary, academicians and NGOs. This gives the
Commission a broad vision to deal with the issues of Human Rights.

2. Financial autonomy, though limited, has provided NHRC independence of Central

Government. The Commission is free to make its own budget and spend it according to its
own planning. The draft of the proposed budget is placed before both the Houses of
Parliament and after the approval of the budget, the Government, without making any
amendment, has to provide finances to the Commission.

3. The Commission has the power to conduct suo-moto inquiry into the complaints of Human
Rights violations.

4. Easy accessibility to the Commission has made it one of the most popular organizations.
Anyone can approach NHRC through telephone, letter, application, mobile phone and the
Internet. All the documents, reports, newsletters, speeches, etc. of the Commission are also
available on this website. The status of the complaint too can be known through its website.
The popularity and trust on NHRC is quite evident from the fact that while it had registered
only 496 complaints in 1993-94, in 2004-05 the total number of cases were 74,4019.

5. NHRC has advised the government a number of times on the issues of Human Rights. Be it
the cases of custodial deaths or suicide by the farmers or health issues or POTA, child
marriage, trafficking of women and children etc., the government has been taking suggestions
from NHRC.

6. NHRC, in a true democratic fashion, has worked immensely to create awareness among
public on Human Rights issues through seminars, workshops, lectures, literature, NGOs’
participation, universities’ collaborations, etc.

7. The Commission has extended its sphere from time to time. Support for right to
information, health care issues, disables’ rights, HIV/AIDS patients’ rights etc. are some of
the issues where NHRC has worked successfully.

Weaknesses of the Commission

1. In the process of selection of the members of the Commission, the Chairman is not
consulted.
2. Because of certain weakness in the Act, at times the Commission feels the need for
the amendments. But the Commission has constraints in doing so.
3. Another major weakness of the Commission is that it does not have powers to
investigate armed forces, BSF or any other paramilitary forces.
4. Finally, NHRC is only an investigative and recommendatory body. It does not have
power of prosecution.
5. It is dependent on the Government for manpower and money. The Central
Government shall pay to the Commission by way of grants such sums of money as it may
consider fit.

NHRC TODAY:
NHRC directs Centre to issue guidelines to public servants to
behave sensibly with migrants,
Taking up for the poor migrant workers stranded in different parts of the country and unable
to return home due to a national wide lockdown due to coronavirus the National Human
Rights Commission asked the Union Government to issue guidelines and standard operating
procedure to public servants in all states and territories to “behave in a sensible manner with
people, particularly those belonging to vulnerable sections” and to respect their human rights
while implementing the lockdown.
Seeking a response from the home ministry, the NHRC directions came on the heels of
NHRC special monitor and rights activist Maja Daruwala alleging that in order to effectively
implement lockdown guidelines, public servants, including police personnel, tend to mete out
harsh treatment towards ill-informed, poor labourers and undermining their rights in the
process.
Directing the Union to respond, the Commission said while it found the government’s efforts
appreciable, poor labourers and daily wages workers are facing extreme difficulties due to
shortage of food and other facilities “They can be asked to stay off the streets with some
degree of compassion without being cruel and abusive using excessive force,” NHRC said.
Another rights group, the National Federation of Indian Women, also expressed
disappointment over the governments ‘Lockdown guidelines’ and said they only highlighted
government’s insensitivity towards the plight of the poor in India.
NFIW emphasised the lack of an economic relief package for those who lost their livelihood
and for the security of health workers. It also criticised the government for not announcing an
enhanced allocation for ensuring 100 days of employment and timely payment to job card
holders under MGNREGS, the rural employments guarantee scheme, of which the majority
are women.
NFIW demanded that the Union government increase permitted MGNREGA days to 200
days and ramp up allocation for this. It also sought financial help for migrant workers
stranded in different parts of the country, withdrawal of ration card criteria for availing free
rations and asked for the universalisation of PDS in light of the coronavirus pandemic.
 CONCLUSION:
 There is need for complete revamping of NHRC to make it more effective and
truly a watchdog of human right violations in the country.
 NHRC efficacy can be enhanced by government if commission decisions are
made enforceable.
 There is need to change in composition of commission by including members
from civil society and activists.
 NHRC needs to develop an independent cadre of staff with appropriate
experience.
 Many laws in India are very old and archaic in nature by amending which
government can bring more transparency in regulations.
 To improve and strengthen the human rights situation in India, state and non-
state actors need to work in tandem.

REFERANCES:
1. https://www.drishtiias.com/important-institutions/drishti-specials-important-
institutions-national-institutions/national-human-rights-commission-nhrc.
2. https://www.civilsdaily.com/national-human-rights-commission-of-india-
establishment-composition-functions/
3. https://currentaffairs.gktoday.in/tags/nhrc
4. https://timesofindia.indiatimes.com/india/nhrc-directs-centre-to-issue-
guidelines-to-public-servants-to-behave-sensibly-with-migrants-
vulnerable-sections/articleshow/75163548.cms
5. https://timesofindia.indiatimes.com/topic/national-human-rights-
commission-of-india