What is the NHRC?

The NHRC was established in 1993 as a statutory body through the Protection of Human Rights Act, which was later amended in 2006. Its formation was in alignment with the Paris Principles of 1991, a framework adopted by the United Nations to guide the establishment and functioning of human rights institutions globally. These principles emphasize the importance of independence, transparency, and accountability in protecting human rights, standards that the NHRC strives to uphold.

As a guardian of human rights in India, the NHRC focuses on rights that are protected under Indian law and international treaties. These rights include equality, freedom of speech, and freedom from discrimination, which are enforceable by courts across the country. The NHRC also monitors any violations, making recommendations to the government and raising awareness about human rights through education and research initiatives.

🏛️ History of the NHRC

The journey toward the establishment of the NHRC reflects India’s commitment to human rights:

1. 1948: The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations, setting a global standard for fundamental rights.
2. 1991: The Paris Principles were introduced, guiding the creation of National Human Rights Institutions (NHRIs).
3. 1993: India enacted the Protection of Human Rights Act, leading to the formation of the NHRC.
4. State Commissions: This Act also empowered state governments to set up State Human Rights Commissions to address human rights issues within their respective jurisdictions.

These historical developments underscore India’s alignment with international human rights standards while adapting to the specific needs and challenges of the Indian context.

👥 Composition of the NHRC

The NHRC’s structure includes a Chairperson and eight other members, divided into full-time and ex-officio (or “deemed”) members. Here’s a closer look at how it’s composed:

• Chairperson: Typically, a retired Chief Justice of India heads the NHRC.
• Four Full-Time Members: One member must be a former Judge of the Supreme Court or a Chief Justice of a High Court. The other three members are selected based on their expertise in human rights, with at least one member being a woman.
• Four Deemed Members: These ex-officio members are the chairpersons of various national commissions, including:
  • National Commission for Minorities
  • National Commission for Scheduled Castes
  • National Commission for Scheduled Tribes
  • National Commission for Women
  • National Commission for Protection of Child Rights
  • National Commission for Backward Classes
  • Chief Commissioner for Persons with Disabilities

This diverse composition allows the NHRC to benefit from various perspectives and expertise, which helps in effectively addressing a wide range of human rights issues.

Composition of NHRC

Key Differences between the Protection of Human Rights Act 1993 and the Protection of Human Rights Amendment Bill 2019

🛠️ Appointment of NHRC Members

NHRC members are selected by a special committee that submits recommendations to the President of India. The selection committee comprises:

• The Prime Minister (Chairman)
• Speaker of the Lok Sabha
• Union Home Minister
• Deputy Chairman of the Rajya Sabha
• Leaders of the Opposition in both the Lok Sabha and Rajya Sabha

This multi-stakeholder committee ensures that appointments to the NHRC are impartial and include input from different branches of the government, contributing to the NHRC’s independence.

🔍 Functions and Powers of the NHRC

As outlined in Section 12 of the Protection of Human Rights Act, the NHRC is entrusted with several key functions and powers, which are essential to promoting and protecting human rights in India:

1. Investigating Human Rights Violations: The NHRC has the authority to investigate complaints of human rights abuses or negligence by public officials, either suo motu (on its own) or in response to a petition.

2. Judicial Intervention: The NHRC can intervene in judicial processes if human rights violations are alleged.

3. Prison and Institution Inspections: The NHRC can visit prisons and institutions under state control to evaluate the living conditions of inmates and provide recommendations for improvements.

4. Review of Constitutional Safeguards: The NHRC periodically reviews constitutional provisions and laws that impact human rights and can suggest corrective measures to the government.

5. Promotion of Research: The NHRC encourages research in human rights fields and raises awareness about human rights through various media and educational programs.

6. Recommendations to the Government: The NHRC provides advice to both the Central and State Governments on policies that could prevent human rights abuses.

7. Annual Reporting: The NHRC submits an annual report to the President of India, who then presents it before both Houses of Parliament.

Through these responsibilities, the NHRC acts as both a monitor and a promoter of human rights across the country, creating a culture of accountability and awareness.

🚫 Limitations of the NHRC

While the NHRC is empowered with significant authority, it faces several limitations that impact its effectiveness:

• Non-Binding Recommendations: The NHRC’s recommendations are not legally binding, and there is no mechanism to enforce them if authorities choose to ignore them.
• Limited Jurisdiction Over Private Parties: The NHRC’s jurisdiction extends only to public servants and state entities, leaving violations by private individuals and organizations outside its scope.
• No Penal Authority: The NHRC cannot penalize officials or agencies that fail to act on its recommendations, which sometimes undermines its authority.
• Judicial Dominance: With three members from judicial backgrounds, the NHRC’s composition may limit the diversity of perspectives in its decision-making.
• Restricted Cases: The NHRC does not consider cases that are over a year old, frivolous complaints, or cases related to employment matters. Additionally, it has limited jurisdiction over cases involving the armed forces.
• Operational Challenges: The NHRC often struggles with a high volume of complaints, limited funds, and bureaucratic processes, which can hinder its responsiveness.

These limitations create challenges for the NHRC in addressing the vast and varied human rights issues in India, but ongoing amendments to the Act aim to improve its effectiveness.

⚠️ Major Human Rights Issues in India

The NHRC deals with a wide array of human rights concerns in India, many of which are deep-rooted societal issues. Some prevalent issues include:

• Arbitrary Arrests and Detentions
• Custodial Torture and Deaths
• Child Labor
• Violence Against Women and Children
• Extrajudicial Killings
• Discrimination Against LGBTQ+ Individuals
• Discrimination Based on Caste and Religion
• Labor Rights Violations
• Internal Displacement Due to Conflicts
• Manual Scavenging

By addressing these challenges, the NHRC plays a critical role in safeguarding vulnerable populations and upholding the dignity of all citizens.

🔄 Term and Removal of NHRC Members

Under the Protection of Human Rights (Amendment) Act, 2019, NHRC members serve a term of three years or until they reach 70 years of age, whichever comes first. This term was previously set at five years.

Additionally, the amendment allows members to be reappointed without the earlier five-year restriction. These changes have been made to ensure continuity in the NHRC’s work while allowing fresh appointments when necessary.

🏛️ Protection of Human Rights (Amendment) Act, 2019

The 2019 amendment brought several changes to the structure and functioning of the NHRC:

1. Expanded Chairperson Eligibility: The position of Chairperson can now be filled by a former Chief Justice or Judge of the Supreme Court.
2. Increased Membership: The NHRC now has three full-time members, at least one of whom must be a woman.
3. Expanded Ex-Officio Members: Additional commissions, including those for Backward Classes and the Protection of Child Rights, now have representation within the NHRC.
4. Updated Term of Office: The tenure for NHRC members has been revised to three years, with provisions for reappointment.
5. Secretary-General’s Powers: The Secretary-General now holds full administrative and financial powers (except for judicial functions), which streamlines NHRC operations.

These amendments are intended to make the NHRC more inclusive, efficient, and representative of India’s diverse society.

📜 Conclusion

The NHRC remains a cornerstone institution for human rights protection in India. Its efforts in promoting awareness, recommending reforms, and investigating human rights violations make it a vital guardian of individual freedoms and justice in society. Although it faces limitations, the NHRC's evolution reflects India’s commitment to improving human rights standards. With ongoing reforms and dedicated leadership, the NHRC aims to overcome its challenges and continue its mission of promoting equality, dignity, and justice for all 👥.