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National Human Rights Commission

(NHRC): Origin, Structure, Functions &
More
PWOnlyIAS December 28, 2023
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The National Human Rights Commission (NHRC) of India

is a statutory body under the provisions of the Protection
of Human Rights Act of 1993.

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1 National Human Rights Commission (NHRC): Its

Origin April
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2 National Human Rights Commission (NHRC): Its 2024
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3 National Human Rights Commission (NHRC): Its Topper
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Functions 2024 –
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SERVICES
COURSE EXAMINATION,
4 National
TEST 2023.
Human Udaan-Prelims
Rights
PRACTICE Commission Wallah ( Static
(NHRC):
CURRENT AF. Its ) booklets
DOWNLOAD 2024 releasedUPSCNOTES
both in englis
Privacy - Terms

List,
Significance
Marks...
5 National Human Rights Commission (NHRC): Its
Criticism
6 About the State Human Rights Commission (SHRC)
Recent posts
Provision: The National Human Rights Commission May 14,
(NHRC) of India is a statutory body under the provisions 2024

of the Protection of Human Rights Act of 1993. Best Pen

for UPSC
Mains,
National Human Rights Commission Know How
 to Choose
(NHRC): Its Origin a...
Mandate: The National Human Rights Commission
(NHRC) is responsible for the protection and May 14,
2024
promotion of “rights relating to life, liberty, equality and
UPSC
dignity of the individual guaranteed by the Constitution or Mains
embodied in the International Covenants”. Previous
Year
Set up: The National Human Rights Commission Question
(NHRC) came into existence after India enacted the Paper,
Down...
Protection of Human Rights Act in 1993.

May 14,
National Human Rights Commission 2024

(NHRC): Its Structure UPSC

Mains
Selection Committee: The President of India appoints Result Roll
members of the National Human Rights Commission Number-
Wise and
(NHRC) based on a recommendation of the selection Name-W...
committee, which includes:
Prime Minister (Chairman) May 14,
2024
Speaker of Lok Sabha
UPSC
Union Home Minister Mains
Syllabus
Deputy Chairman of Rajya Sabha 2024, Exam
Pattern and
Leaders of the Opposition in both Houses of ot...
the Parliament
May 14,
Membership: It consists of a chairperson, five full- 2024
time Members, and seven deemed Members. UPSC
A person who has been the Chief Justice of Mains
Result
India or a judge of the Supreme Court will be a
2024,
chairman. Details to
Download
Two Members: One who is, or has been, a
N...
Judge of the Supreme Court of India and one
member who is, or has been, the Chief Justice
of a High Court.
Archive Calendar
Three Members: One shall be a woman from
amongst persons having knowledge of, or May 2024
practical experience in, matters relating to human
Mon Tue Wed Thu Fri Sat Sun
rights.
1 2 3 4 5
Chairpersons of the National Commission for
SC/ST/Minorities/Backward 6 7 8 9 10 11 12
Classes/Women/Protection of Child Rights
13 14 15 16 17 18 19
and the Chief Commissioner for Persons with
Disabilities serve as ex officio members. 20 21 22 23 24 25 26

Service and Removal: They serve for a term of three 27 28 29 30 31

years or until they attain the age of 70 years,
by month
whichever is earlier.
The members can be removed by the President
Select Month
under specific circumstances:
If he/she is an insolvent;

If he/she engages in paid employment

outside the duties of his office;

If he/she is unfit to continue in office by

reason of infirmity of mind;

If he/she is convicted and sentenced to

imprisonment.
National Human Rights Commission
(NHRC): Its Functions
Investigation: The National Human Rights Commission Follow Us
(NHRC) investigates complaints or failure of any public
official regarding the rights violation, either suo motu or
after receiving a petition.

Prevention and Safeguard: The National Human Rights

Commission is responsible for investigating the inmates’
living conditions in prisons and making
recommendations thereon.

Research in Human Rights: The commission promotes

research and encourages NGOs in the field of human
rights. While making investigations, the commission
enjoys the powers of a civil court.

Effective Implementation of Treaties: The National

Human Rights Commission also studies treaties and
other international instruments on human rights and
makes recommendations for their effective
implementation.

Intervention: It can intervene in proceedings involving

any allegation of violation of human rights pending
before a court after getting the approval of such court.

Visit Jails: The commission has to visit the jails and

detention centers to study the living conditions of
inmates and make recommendations.

Factors Causing Terrorism: The National Human

Rights Commission reviews factors that cause
terrorism and suggests remedial measures.

Encourage Efforts of NGOs: The National Human

Rights Commission also encourages efforts of NGOs
working in the field of human rights.

National Human Rights Commission

(NHRC): Its Significance
Watchdog of Human Rights: The National Human
 Rights Commission (NHRC) acts as a watchdog of
human rights in the country, thereby protecting civilian
interests.

Human Rights Implementation: It ensures

implementation of rights related to life, dignity, liberty
and equality of the individual that is defined in Section
2(1) of the PHR Act.

Material Authority: Even though National Human Rights

Commission does not have powers to ensure
implementation, its recommendations cannot be
ignored by the government.

National Human Rights Commission

(NHRC): Its Criticism
Non-Binding: The recommendations of the National
Human Rights Commission (NHRC) are not binding on
the government.

Powers of Implementation: The NHRC does not have

the power to penalize the authorities that don’t
implement its recommended orders.

Excess Judicial in Nature: The commission is headed

by judges and hence it functions like a judicial authority.

Limited Scope of Investigation: The National Human

Rights Commission does not investigate cases that are
older than one year, which are anonymous,
pseudonymous or vague, frivolous cases and those
pertaining to service matters.

Civilian Cases: The NHRC does not have any

jurisdiction over cases related to armed forces. Their
jurisdiction covers only civilian cases.

About the State Human Rights Commission (SHRC)

Origin: The State Human Rights Commission (SHRC)
was formed under the Protection of Human Rights Act
of 1993. Based on the law, about 26 states have
constituted the State Human Rights Commission.

Mandate: The SHRC has the power to inquire into

violation of human rights only in respect of subjects
mentioned in the State List and the Concurrent List of
the Seventh Schedule of the Constitution of India.

Appointment: The SHRC members are appointed by

the Governor of the state based on the
recommendations of a committee headed by the Chief
Minister.

Removal: The chairperson and members of a State

Human Rights Commission can only be removed by
the President of India.

Remuneration: The state government decides on the

salaries, allowances, and other conditions of service
of the chairperson or a member.

Powers: The SHRC is vested with the power to regulate

its own procedure. SHRC has all the powers of a civil
court and its proceedings have a judicial character.
The SHRC can ask for information or report
from the state government or any other
 subordinate authority.

It can only look into a matter within one year of

its occurrence.

Functions:
Recommend Compensation: The SHRC may
recommend the state government or authority to
make payment of compensation or damages to
the victim.

Prosecution of Perpetrators: The SHRC can

recommend the initiation of proceedings for
prosecution or any other action against a state
government employee.

Interim Relief: The SHRC can recommend the

state government or relevant authority to grant
interim relief to the victim.

Submission of Report: The commission submits

its annual or special reports to the state
government, which is then laid before the state
legislature.

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Frequently Asked Questions

What is the National Human Rights

Commission (NHRC)?

What is the objective behind the

formation of the National Human Rights
Commission (NHRC)?

What is the tenure of the chairperson of

the National Human Rights Commission
(NHRC)?

What is the State Human Rights

Commission (NHRC)?

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