Establishment of the National Human Rights Commission
The National Human Rights Commission (NHRC) is a statutory body, established by an Act of Parliament rather than being enshrined in the Constitution. It came into existence in 1993 through the Protection of Human Rights Act, 1993, marking a significant step toward institutionalizing human rights protection in India.
As the country's premier watchdog on human rights, the NHRC safeguards fundamental entitlements such as the right to life, liberty, equality, and dignity. These rights are either guaranteed directly by the Indian Constitution or embodied in international covenants that are enforceable by courts in India. By monitoring violations and promoting accountability, the Commission ensures these protections remain robust.
The creation of the NHRC pursued three key objectives. First, it aimed to bolster institutional mechanisms for addressing human rights issues comprehensively and with greater focus. Second, it sought to independently investigate allegations of abuses or excesses—free from government influence—thereby reinforcing the state's commitment to upholding these rights. Finally, it was designed to build on and enhance ongoing national efforts in this vital domain.
Composition and Safeguards of NHRC
The National Human Rights Commission (NHRC) is a multi-member body comprising a chairperson and five full-time members. The chairperson must be a retired Chief Justice of India or a Supreme Court judge, while the members include either a serving or retired Supreme Court judge, a serving or retired High Court Chief Justice, and three individuals with specialized knowledge or practical experience in human rights—at least one of whom must be a woman. Complementing these are seven ex-officio members: the chairpersons of the National Commission for Minorities, National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women, National Commission for Backward Classes, National Commission for Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities.
Appointments to these positions are made by the President on the recommendations of a high-level six-member committee, chaired by the Prime Minister and including the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the Leaders of the Opposition in both Houses of Parliament, and the Union Home Minister. For serving Supreme Court judges or High Court Chief Justices, the Chief Justice of India must be consulted beforehand. Members and the chairperson serve for a term of three years or until attaining the age of 70, whichever comes first, and are eligible for reappointment. Post-tenure, they are barred from any further employment under the Central or state governments, ensuring their independence.
Removal from office is tightly regulated to safeguard impartiality. The President may remove the chairperson or a member if they are adjudged insolvent; engage in paid employment outside official duties; suffer from mental or physical infirmity rendering them unfit; are declared of unsound mind by a competent court; or are convicted and imprisoned for an offence. Additionally, for proved misbehaviour or incapacity, the President must refer the matter to the Supreme Court for inquiry; only if the Court upholds the charges and advises removal can action be taken. Salaries, allowances, and service conditions are set by the Central government but cannot be altered to the disadvantage of an appointee after assuming office. These provisions collectively underscore the NHRC's design for autonomy, independence, and unbiased functioning.
Functions of the National Human Rights Commission
The National Human Rights Commission (NHRC) serves as a vigilant guardian of human rights in India, empowered under the Protection of Human Rights Act, 1993, to address violations proactively and systematically. Its core investigative mandate allows it to inquire into any breach of human rights or negligence by public servants in preventing such violations. This can be initiated suo motu—on its own motion—or upon receiving a petition from individuals or groups, or even following a court order. Complementing this, the Commission holds the authority to intervene in ongoing court proceedings where human rights violations are alleged, ensuring judicial processes align with constitutional protections.
Beyond investigation, the NHRC monitors custodial conditions and evaluates systemic safeguards. It conducts visits to jails, detention centers, and other confinement facilities to assess inmates' living conditions and recommend improvements for humane treatment. The Commission also reviews constitutional provisions and legal frameworks designed to protect human rights, proposing practical measures for their robust implementation. Similarly, it examines broader impediments—such as acts of terrorism—that hinder the full enjoyment of these rights, offering targeted remedial strategies.
To foster a rights-conscious society, the NHRC engages in forward-looking and educational initiatives. It studies international treaties and human rights instruments, recommending steps for their domestication into Indian law and practice. The Commission promotes research in human rights, disseminates literacy on these issues among the public, and raises awareness of available safeguards. It actively supports nongovernmental organizations (NGOs) dedicated to this field and undertakes any additional functions it deems essential for advancing human rights protection nationwide. Through these multifaceted roles, the NHRC not only redresses grievances but also builds a culture of accountability and respect for fundamental freedoms.
Working of the National Human Rights Commission
Headquartered in New Delhi, the National Human Rights Commission (NHRC) enjoys the flexibility to set up additional offices across India as needed. It holds sweeping authority to regulate its own procedures, wielding all the powers of a civil court—its inquiries carry a distinctly judicial character. To gather evidence, the Commission can summon reports or information directly from Central or state governments, or any subordinate authorities.
For probing complaints of human rights violations, the NHRC maintains its own dedicated team of investigators. It can also draw on the expertise of officers or agencies from the Central or state governments. Beyond official channels, the Commission has forged strong partnerships with non-governmental organizations (NGOs), which often provide vital firsthand accounts of abuses.
A key limitation shapes its mandate: the NHRC cannot initiate an inquiry into any alleged violation more than one year after the incident occurred. This one-year window ensures timely intervention while focusing resources on recent matters.
Upon concluding an inquiry—or even during its course—the Commission may take decisive steps. It can urge the relevant government or authority to compensate victims through payment of damages. It might recommend launching prosecution or other disciplinary actions against errant public servants. For urgent needs, it can push for immediate interim relief to those affected. If broader remedies are required, the NHRC has the power to petition the Supreme Court or the pertinent High Court for directions, orders, or writs. These measures underscore its role as a proactive guardian of human rights in India.
Role of the Commission
The functions of the National Human Rights Commission are primarily recommendatory, underscoring its role as an advisory body rather than a judicial one. It holds no authority to punish violators of human rights or to provide direct relief—such as monetary compensation—to victims. Its recommendations, though not legally binding on governments or other authorities, exert considerable moral and persuasive influence. By law, these entities must inform the Commission of actions taken on its suggestions within one month. As one former member aptly observed, "The government cannot wash away the recommendations made by the Commission. The Commission’s role may be recommendatory, advisory, yet the Government considers the cases forwarded by it. It is, therefore, improper to say that the Commission is powerless. It enjoys great moral authority and no government can ignore its recommendations."
The Commission's powers are notably more restricted when human rights violations involve members of the armed forces. Here, it can only request a report from the Central Government and offer recommendations based on that information. The Central Government, in turn, is obligated to update the Commission on steps taken within three months.
To ensure transparency and accountability, the Commission prepares annual or special reports, which it submits to the Central Government and the relevant State Government. These documents are then laid before the respective legislatures, accompanied by a memorandum outlining actions taken on the Commission's recommendations—as well as reasons for any rejections. This mechanism reinforces the Commission's oversight role, even within its advisory framework.
Performance of the National Human Rights Commission
The National Human Rights Commission (NHRC) has proactively addressed a broad spectrum of human rights violations across India, tackling issues from bonded labor and child exploitation to custodial abuses and disaster relief. In its efforts to eradicate exploitative practices, the Commission prioritized the abolition of bonded labor, scrutinized the functioning of mental hospitals in Ranchi, Agra, and Gwalior, and examined the Government Protective Home for Women in Agra. It also championed the right to food, reviewed the outdated Child Marriage Restraint Act, 1929, and advocated for protocols under the Convention on the Rights of the Child.
Building on child welfare, the NHRC pushed for preventing child employment by government servants through service rule amendments, campaigned against child labor, and developed a guidebook for media on sexual violence against children. To combat trafficking, it created judicial manuals for gender sensitization, launched sensitization programs on sex tourism and trafficking, and linked maternal anemia to human rights concerns. The Commission extended rehabilitation to destitute women in Vrindavan, addressed sexual harassment of women at workplaces and in trains, and sought the abolition of manual scavenging.
Marginalized communities received focused attention, with interventions on atrocities against Dalits, challenges faced by denotified and nomadic tribes, rights of disabled persons, the right to health, and protections for those affected by HIV/AIDS. In times of crisis, the NHRC coordinated relief for victims of the 1999 Orissa cyclone and monitored post-earthquake measures following the 2001 Gujarat disaster. It also recommended establishing District Complaints Authorities and explored linkages between population policy, development, and human rights.
On law enforcement and security, the Commission reviewed statutes like the Terrorist and Disruptive Activities (Prevention) Act and the draft Prevention of Terrorism Bill, 2000, while emphasizing human rights protections in insurgency-affected and terrorism-prone areas. To curb police excesses, it issued guidelines against misuse of arrest powers, advocated human rights cells in state and city police headquarters, and outlined steps to prevent custodial deaths, rape, and torture. Broader reforms included accession to the Convention against Torture, additional protocols to the Geneva Conventions, discussions on a national refugee law, and systemic overhauls in police, prisons, and detention centers, alongside reviews of laws and international human rights instruments.
Finally, the NHRC promoted proactive awareness through human rights literacy in education, specialized training for armed forces, police, public authorities, and civil society, action research on trafficking, collaborations with academic institutions and NGOs, and consultations with experts on pressing human rights issues.
State Human Rights Commissions
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