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29-03-2023 GS-II Sub-Categories: GS-II: Polity 25 min read

What is National Human Rights Commission (NHRC)?

What is the composition of NHRC?

What are the functions of NHRC?

What are the powers of NHRC?

What are the various initiatives undertaken by NHRC?

What are the challenges faced by NHRC?

What measures could help towards the effective functioning

of NHRC?

What is State Human Rights Commission, and what are its

features?

Video

Mains: Statutory, Regulatory and various Quasi-judicial Bodies

What is National Human Rights

Commission (NHRC)?
The National Human Rights Commission (NHRC) is an independent
statutory body established to protect and promote human rights in India. It
is responsible for reviewing and addressing human rights violations and
making recommendations for the protection and promotion of human
rights.

NHRC was established under the Protection of Human Rights Act

(PHRA), 1993.

It is an embodiment of India’s concern for the promotion and

protection of human rights.

It is established in conformity with the Paris Principles (1991),

adopted at the first international workshop on national institutions
for the protection of human rights.

What is the composition of NHRC?

The NHRC comprises of a Chairperson, five full-time Members, and seven
deemed Members. The statute lays down qualifications for the
appointment of the Chairperson and Members of the Commission.

Position Qualification

Chairman A person who has been Chief Justice of India or a Judge

of the Supreme Court

5 Members
One Member who is or has been a Judge of the
Supreme Court.

One Member who is or has been the Chief Justice

of a High Court

Three Members to be appointed from amongst

persons having knowledge of, or practical
experience in, matters relating to human rights.

Note: Of the three members, at least one will be a

woman.

7 Deemed Chairpersons/Chief Commissioner of the

Members
National Commission for Backward Classes

National Commission for Minorities

National Commission for Scheduled Castes

National Commission for Scheduled Tribes

National Commission for Protection of Child

Rights

National Commission for Women

Chief Commissioner for Persons with Disabilities

Table - Composition of NHRC

Appointment:The chairperson and members of the NHRC are

appointed by the President of India, based on the
recommendations of a committee consisting of
Prime Minister

Speaker of the Lok Sabha

Minister of Home Affairs

 Leader of the Opposition (Lok Sabha)

Leader of the Opposition (Rajya Sabha)

Deputy Chairman (Rajya Sabha)

Term: Three years or till the age of seventy years for both the
Chairperson and Members.

Removal: The Chairperson or any other Member of the Commission

shall be removed from his office by order of the President on the
ground of proved misbehavior or incapacity after the inquiry of the
Supreme Court. The President also, by order, removes from office
the Chairperson or any other Member if the Chairperson or such
other Member:
Is adjudged an insolvent.

Engages during his term of office in any paid employment

outside the duties of his office.

Is unfit to continue in office by reason of infirmity of mind or

body.

Is of unsound mind and stands so declared by a competent

court.

Is convicted and sentenced to imprisonment for an offense

which, in the opinion of the President, involves moral
turpitude.

What are the functions of NHRC?

The National Human Rights Commission (NHRC) has a number of
functions that are designed to protect and promote human rights in India.
Some of the key functions of the NHRC include:

Inquire into complaints of violation of human rights/abetment or

negligence in the prevention of such violation by a public servant.

Intervene in any proceeding involving any allegation of violation of

human rights pending before a court with the approval of the such
court.

Visit any jail or any other institution under the control of the State
Government to study the living condition of the inmates and make
recommendations thereon

Review the safeguards under the Constitution/law in force for the

protection of human rights and recommend measures for their
effective implementation.

Review the factors like terrorism that inhibit the enjoyment of

human rights and recommend appropriate remedial measures.

Study treaties and other international instruments on human rights

and make recommendations.

Undertake and promote research in the field of human rights.

Spread human rights literacy among various sections of society

and promote awareness of the safeguards available.

Encourage the efforts of NGOs and institutions working in the field

of human rights.

What are the powers of NHRC?

The National Human Rights Commission (NHRC) has a number of powers
that enable it to carry out its mandate to protect and promote human rights
in India. Some of these powers include:

Powers of a civil court in the investigation and inquiry into

complaints of human rights violations: The Commission, when
 investigating complaints, has the same powers as a Civil Court
hearing a case under the Code of Civil Procedure, 1908. These
powers include the ability to:
Summon and enforce the attendance of witnesses and
examine them on oath.

Discovery and production of any document.

Receiving evidence on affidavits.

Requisitioning any public record or copy thereof from any

Court or office.

Issuing commissions for the examination of witnesses or

documents.

Power to recommend compensation to victims of human rights

violations: The NHRC has the authority to recommend that victims
of human rights violations be compensated for their losses or
suffering.

Power to approach the Supreme Court or the High Court for the
enforcement of human rights: If necessary, the NHRC can
approach the Supreme Court or the High Court for the enforcement
of human rights in order to protect the rights of individuals or
groups.

Power to take suo moto cognizance of human rights violations:

The NHRC has the authority to take "suo motu" cognizance of
human rights violations, even if a formal complaint has not been
filed.

What are the various initiatives

undertaken by NHRC?
The National Human Rights Commission (NHRC) undertakes a variety of
initiatives to carry out its mandate of promoting and protecting human
rights in India. Some of them include:

Reviewing laws like the Terrorist & Disruptive Activities Act and
Prevention of Terrorism Bill, 2000.

Protection of human rights in areas of insurgency and terrorism.

Setting up the 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.

Systemic reforms of police, prisons, and other centers of

detention.

Protecting the Human Rights of persons affected by HIV/AIDS.

What are the challenges faced by

NHRC?
Some of the key challenges faced by the NHRC in its efforts to protect and
promote human rights include

Limited resources and staff: The NHRC has limited resources and
staff, which can make it difficult for it to effectively carry out its
mandate. This can lead to a backlog of cases and a lack of capacity
to address all human rights issues in a timely manner.

Heavy workload and a backlog of cases: The NHRC receives a

large number of complaints of human rights violations and has a
heavy workload as a result. This can lead to a backlog of cases and
 a delay in addressing human rights issues.

Limited ability to enforce its recommendations: NHRC has limited

ability to enforce its recommendations, which can hinder its
effectiveness in addressing human rights issues and ensuring their
implementation.

Limited jurisdiction over certain categories of cases: The NHRC

has certain limitations in its jurisdiction and cannot investigate
cases that are older than one year, cases that are anonymous,
vague, and frivolous.

Limited powers to investigate and address human rights violations

by non-state actors: The NHRC does not have the authority to
investigate and address human rights violations by non-state
actors, such as private companies or individuals.

What measures could help towards the

effective functioning of NHRC?
Some measures that could help for the effective functioning of the National
Human Rights Commission (NHRC) are:

Regular training and capacity building: Regular training and

capacity building exercises for commission members and staff to
ensure that they are equipped to handle human rights cases.

Streamline processes and procedures: This includes simplifying

the complaint process, improving case management, and adopting
best practices from other human rights bodies.

Increase powers and authority: In order to more effectively address

human rights issues, the NHRC could be given more powers and
authority, such as the ability to enforce its recommendations or to
investigate and address human rights violations by non-state
actors.

Address structural issues: This could include working to change

laws and policies that perpetuate discrimination and inequality or
addressing systemic issues such as corruption or lack of
accountability.

Enhance outreach and communication: This could include

increasing its presence on social media, conducting more public
hearings, and collaborating with civil society organizations and
other stakeholders.

Clear and transparent procedures for lodging complaints and

investigating human rights violations.

Time-bound investigations to ensure swift justice for victims of

human rights violations.

Adequate representation of marginalized communities, such as

SCs and STs, on the commission.

Institutional Accountability: Regular monitoring and evaluation of

the commission's performance to ensure accountability.

What is State Human Rights

Commission, and what are its features?
The State Human Rights Commission (SHRC) in India serves as a
watchdog to ensure the protection and promotion of human rights within
each state. It was established as per the provisions of the Protection of
Human Rights Act (PHRA), 1993.

Composition: The State Commission shall consist of a Chairperson

and 4 members.

Position Qualification
Chairperson A person who has been Chief Justice or Judge of a High
Court

4 Members One Member who is, or has been, a Judge of a High Court.

One Member who is, or has been, a district judge in that

State.

Two members to be appointed from amongst persons

having knowledge of human rights.

Appointment: The Chairperson and other Members shall be

appointed by the Governor after obtaining the recommendation of a
Committee consisting of:
The Chief Minister

Speaker of the Legislative Assembly

Minister-in-charge of the Department of Home in that State

Leader of the Opposition in the Legislative Assembly.

Removal: The Chairperson or any other Member of the

Commission shall be removed from his office by order of the
President on similar grounds as that of the Chairperson and
members of the NHRC.

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Previous Year Questions

 Mains

Q) Though the Human Rights Commissions have contributed

immensely to the protection of human rights in India, yet they have
failed to assert themselves against the mighty and powerful.
Analyzing their structural and practical limitations, suggest remedial
measures. (2021)

Q) Multiplicity of various commissions for the vulnerable sections of

the society leads to problems of overlapping jurisdiction and
duplication of functions- Is it better to merge all commissions into
an umbrella Human Rights Commission? Argue your case. (2018)

Frequently Asked Questions (FAQs)

Q) What is a Human rights court?

As per the provision of the Protection of Human Rights Act 1993, the
State Government may, with the concurrence of the Chief Justice of
the High Court, specify for each district a Court of Session to be a
Human Rights Court for the purpose of providing speedy trial of
offenses arising out of violation of human rights.

Q) What are Human rights?

According to the UN Office of the High Commissioner for Human

Rights (OHCHR), Human rights are rights human beings have that are
derived out of mere existence and are not granted by any state. These
universal rights are inherent to all, regardless of nationality, sex,
national or ethnic origin, color, religion, language, etc.

Q) Who is the present Chairman of the National Human

Rights Commission?

Justice Shri A.K Mishra is the present Chairman of NHRC.

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