Establishment of the National Human Rights Commission

The National Human Rights Commission (NHRC) of India is an important body responsible for protecting human rights in the country. It is important to note that the NHRC is a statutory body, meaning that it was created through laws made by the Parliament, rather than being established by the Constitution itself. The NHRC came into existence in 1993 when the Parliament passed the Protection of Human Rights Act, 1993.

The primary role of the NHRC is to serve as a watchdog for human rights in India. This means it monitors and advocates for the basic rights of individuals, such as the right to life, liberty, equality, and dignity. These rights are not only guaranteed by the Indian Constitution but are also reflected in various international agreements and covenants that India has committed to. The protection and promotion of these rights are enforceable by courts, demonstrating the legal framework surrounding human rights in India.

One of the main objectives of establishing the NHRC is to improve the way human rights issues are managed in the country. Firstly, it seeks to strengthen the existing institutional frameworks that deal with human rights issues, making them more focused and efficient. Secondly, the NHRC investigates claims of government excesses or human rights violations—doing this independently helps to ensure that the government is committed to upholding human rights standards. Lastly, the commission aims to build on and enhance the efforts already underway to protect human rights, thus creating a more robust environment for human rights activism and awareness.

The NHRC operates in accordance with several articles of the Indian Constitution. Article 21, for example, guarantees the right to life and personal liberty, while Article 14 ensures equality before the law and equal protection of the laws. Additionally, the establishment of the NHRC aligns with India’s commitment to the Universal Declaration of Human Rights and other international human rights treaties.

In conclusion, the National Human Rights Commission plays a critical role in safeguarding human rights in India. It not only addresses complaints and allegations regarding human rights violations but also strives to educate the public and government about their rights and responsibilities concerning human dignity and justice. By reinforcing the legal frameworks and building awareness, the NHRC serves as an essential component in the promotion and protection of human rights across the nation.

Composition of the Human Rights Commission in India

The National Human Rights Commission (NHRC) of India is made up of several members, including a chairperson and five other members. The chairperson must be either a retired Chief Justice of India or a former judge of the Supreme Court. The members can include either serving or retired judges of the Supreme Court or serving or retired Chief Justices of High Courts. Additionally, there are three other members who should ideally have knowledge or practical experience in human rights, and at least one of them must be a woman.

Beyond these core members, the NHRC also includes seven ex-officio members. These are the heads of various national commissions, including those focused on minorities, scheduled castes (SC), scheduled tribes (ST), women, backward classes (BC), and child rights, as well as the Chief Commissioner for Persons with Disabilities. This diverse composition is designed to ensure that various human rights perspectives are represented in the commission's discussions and decisions.

The appointment of the chairperson and members is done by the President of India, based on recommendations from a six-member committee. This committee is composed of important political figures, including the Prime Minister, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the leaders of the Opposition from both Houses of Parliament, and the Central Home Minister. Moreover, if a sitting judge of the Supreme Court or a Chief Justice from a High Court is being appointed, the Chief Justice of India must be consulted.

Members of the NHRC serve for a term of three years or until they reach the age of 70, whichever comes first. They can be re-appointed after their term ends. However, once their tenure is over, they cannot take up any further government jobs, either at the Central or state level.

The President has the authority to remove the chairperson or any member under specific circumstances. These include situations where the individual is declared insolvent, takes on paid work outside their NHRC duties, is deemed unfit for office due to health issues, is declared of unsound mind by a competent court, or if they are convicted and sentenced to imprisonment for a crime. The President can also remove individuals for proven misbehavior or incapacity; however, this requires an inquiry by the Supreme Court. Based on the inquiry's findings, if the Supreme Court supports the removal, the President can proceed with it.

The salaries and allowances, along with working conditions for the chairperson and members, are decided by the Central Government. These terms cannot be changed to the disadvantage of the chairperson or members after they are appointed. Such provisions ensure that the NHRC operates with autonomy and independence while maintaining fairness in its functions.

In terms of constitutional backing, the NHRC was established under the Protection of Human Rights Act, 1993, which is a significant legislative framework focused on the promotion and protection of human rights in India. The articles relevant to the formation and functioning of the NHRC can be found in the Indian Constitution, particularly in the context of Article 32, which pertains to the right to constitutional remedies and the ability of individuals to approach the Supreme Court for the enforcement of fundamental rights. Additionally, Articles 39, 41, and 42 emphasize the State's duty to ensure social justice and the right to work, education, and public assistance in certain cases, tying back to the fundamental principles of human rights that the NHRC seeks to uphold.

Overall, the NHRC plays a crucial role in safeguarding human rights in India, ensuring that people's rights are protected and promoted in a fair and independent manner.

Functions of the Human Rights Commission

The Human Rights Commission plays a crucial role in protecting and promoting the rights of individuals in India. This organization has several key functions that help ensure that human rights are upheld in the country. Below, we will discuss these functions in simpler terms, along with relevant constitutional articles and laws.

One of the main tasks of the Commission is to investigate any incidents of human rights violations. This could include cases where public servants have failed to prevent such violations. The Commission can take action on its own (this is called "suo motu") or in response to a petition filed by someone or upon receiving an order from a court. This function is essential because it allows the Commission to act swiftly when it learns of potential rights violations.

Another important function is the Commission's ability to intervene in court proceedings that involve allegations of human rights violations. This ensures that human rights considerations are raised and addressed in legal matters.

The Commission also conducts visits to jails and places where people are detained. These visits help the Commission understand the conditions in which inmates are living. After these visits, the Commission can make recommendations to improve those living conditions, ensuring that prisoners are treated fairly and humanely.

Furthermore, the Commission reviews the laws and constitutional protections surrounding human rights. It can recommend measures to strengthen these protections to ensure that they are effectively implemented and respected. This aligns with Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, and emphasizes that human rights must be protected.

The Commission's functions also involve looking into factors that may prevent individuals from enjoying their human rights. These factors could include social issues such as terrorism or discrimination. The Commission analyzes these issues and suggests solutions to address them.

Moreover, the Commission studies international treaties and agreements related to human rights and makes suggestions for their implementation in India. This involves aligning national laws with international standards, as laid out in various international conventions to which India is a party.

An additional role of the Commission is to promote research in the field of human rights. By encouraging studies and discussions, the Commission aims to deepen the understanding of human rights issues and solutions in India.

Education and awareness are also a significant part of the Commission's work. It strives to increase human rights literacy among the general public, making people aware of their rights and the protections available to them. This outreach is fundamental, as it empowers citizens to recognize and demand their rights.

The Commission works closely with non-governmental organizations (NGOs) that focus on human rights. By supporting the efforts of these organizations, the Commission can enhance its reach and effectiveness in addressing human rights issues across the country.

The Commission has been proactive in addressing various complaints related to human rights violations, which can include issues such as negligence by public servants, custodial deaths, police brutality, violence against women and children, communal strife, forced labor, and discrimination against marginalized groups like Scheduled Castes and Scheduled Tribes. The Commission often takes note of serious incidents reported in the media, including deaths during police interactions, to ensure that such issues do not go overlooked.

Additionally, the Commission organizes meetings and hearings across different regions to bring justice closer to those who have suffered rights violations. This approach has proven useful in providing support and resolution for victims.

In summary, the Human Rights Commission functions through investigation, legal intervention, education, research, and collaboration with civil society. Its commitment to protecting human rights is vital for upholding justice and dignity in Indian society, as established under the framework of the Indian Constitution and various laws designed to safeguard human rights.

The commission’s main office is located in Delhi, but it can also open branches in other parts of India. It has the authority to set its own rules and procedures. The commission functions similarly to a civil court and holds judicial powers, meaning its processes are serious and formal.

It can request information or reports from both the Central and State governments or any subordinate authority. To investigate complaints about human rights violations, the commission has its own team of investigators. Furthermore, it can tap into the services of officers or investigation agencies from the Central Government or any State Government when needed. The commission also works closely with non-governmental organizations (NGOs) that have valuable information regarding human rights violations.

However, there is an important limitation to its powers: the commission can only look into complaints within one year of the alleged violation. This means that if someone wants to report an incident of human rights abuse, they must do so within one year of when it happened.

Once the commission completes an inquiry, it has several options to support victims. It can recommend that the responsible government or authority pay compensation or damages to the victim. Additionally, it may suggest that the government initiate legal proceedings against any public servant found guilty of wrongdoing. The commission can also recommend that immediate help be given to the victim. Lastly, it has the power to approach the Supreme Court or the relevant high court for specific orders or directions related to the case.

The legal framework for the commission is established under the Protection of Human Rights Act, 1993. This act is guided by various articles in the Indian Constitution that promote human rights, such as Article 21, which guarantees the right to life and personal liberty, and Article 14, which ensures equality before the law. These articles form the bedrock of human rights in India and reinforce the commission's role in safeguarding these rights.

In conclusion, the commission plays a vital role in protecting human rights in India. It addresses complaints, conducts inquiries, and recommends actions to ensure justice for victims, all while working within a clear legal framework established by the Constitution and specific laws like the Protection of Human Rights Act.

The role of the National Human Rights Commission (NHRC) in India is mainly to suggest and recommend actions regarding human rights issues. It is important to note that the NHRC does not have the authority to punish anyone who violates human rights or to provide any compensation to victims of such violations. The recommendations made by the NHRC are advisory, which means that they are not legally required to be followed by the government or any other authority. However, the government must inform the NHRC about the actions it has taken in response to these recommendations within one month.

Despite being primarily recommendatory, the NHRC still plays a significant role in addressing human rights violations. A former member of the commission pointed out that while the NHRC may seem powerless, in reality, its recommendations carry substantial weight and cannot simply be ignored by the government. When the NHRC identifies a case of human rights violation and forwards it to the government, the government must consider these cases seriously.

The commission's authority is somewhat limited when it comes to violations committed by members of the armed forces. In such situations, the NHRC can request a report from the Central government and provide its recommendations based on that report. The government is then required to update the NHRC on the action taken with respect to these recommendations within three months.

Every year, the NHRC prepares annual or special reports that it submits to the Central government and the relevant state governments. These reports are then presented to the respective state legislatures. Along with these reports, a memorandum explaining the government's actions regarding the NHRC's recommendations, including the reasons for not accepting specific suggestions, is also provided. This process ensures transparency and accountability in the working of human rights mechanisms.

In the context of Indian law, the NHRC's functions and processes are defined under the Protection of Human Rights Act, 1993. Articles 32, 226, and 21 of the Indian Constitution also relate to the protection and enforcement of human rights, emphasizing the right to life and personal liberty. These legal frameworks enhance the NHRC's role in promoting human rights and help provide a basis for citizens to seek justice when their rights are violated. Thus, while the NHRC may not have direct power to enforce its recommendations, its influence and the legal backing provide a significant framework for human rights protection in India.

The National Human Rights Commission (NHRC) of India plays a crucial role in safeguarding human rights in the country. However, it faces several problems that hinder its effective functioning. Here, we'll break down these issues and also provide relevant constitutional articles and laws for better understanding.

First, the NHRC encounters administrative constraints that limit its effectiveness. According to the Paris Principles, which set out guidelines for national human rights institutions, the NHRC should have sufficient resources and staff to carry out its functions independently. This independence is vital for maintaining its authority and credibility, as it needs to operate without interference from the government. Each year, the commission receives around one lakh complaints, highlighting the growing public trust in its work. To manage this increasing workload, there should be a transfer of administrative and financial powers to the Chairperson of the NHRC, enabling faster and more efficient decision-making.

Next, there are financial constraints. The NHRC receives annual grants from the Ministry of Home Affairs in the Government of India, which are crucial for its operations. Although it has the liberty to use these funds to fulfill its duties, the commission seeks greater financial autonomy. For example, it wishes to purchase its own vehicles to support its functions, but the current financial delegation does not allow for this. Greater financial independence would empower the NHRC to act more swiftly in crisis situations and enhance its overall efficiency.

The NHRC also suffers from manpower constraints. Since its inception, it has never had the full number of sanctioned positions filled. This shortage of staff leads to the commission needing to hire retired government officers as consultants on a contractual basis. The growing number of complaints often overwhelms the current staff, making it difficult for the NHRC to meet the expectations of victims of human rights violations. There is a critical need for the establishment of additional posts to manage this workload effectively. For instance, the absence of experienced investigators hampers the commission’s ability to conduct thorough spot checks in cases of custodial deaths, torture, and illegal detentions.

The Law Division of the NHRC, which is vital for processing and resolving complaints, also suffers due to insufficient manpower. In a landmark decision in 2017, the Supreme Court recognized the severity of these manpower shortages and urged the Government of India to address them promptly. The court's intervention highlights the importance of the NHRC's role in human rights protection, and the need for adequate resources to fulfill this essential function.

In terms of constitutional support, Article 32 of the Indian Constitution provides the right to seek relief from the Supreme Court for the enforcement of fundamental rights. Article 226 allows High Courts to issue appropriate directions to enforce these rights. The NHRC functions within this framework to protect and promote human rights. It is also governed by the Protection of Human Rights Act, 1993, which outlines its powers and responsibilities.

In summary, the NHRC faces several significant issues that challenge its ability to function effectively. Addressing administrative, financial, and manpower constraints is essential for the commission to protect the rights of citizens in India meaningfully. For a robust human rights mechanism, it is crucial that the government heed the calls for reform and ensure the NHRC is properly equipped to meet its vital obligations.