The National Human Rights Commission (NHRC) of India is a statutory (not constitutional) body established on October 12, 1993, under the Protection of Human Rights Act (PHRA), 1993.
1. Concept and Definition
The NHRC was created to demonstrate India’s commitment to the Paris Principles, which were adopted at the first international workshop on national institutions for the promotion and protection of human rights.
Definition: It is an independent, quasi-judicial body tasked with ensuring that the rights relating to life, liberty, equality, and dignity of the individual (guaranteed by the Constitution or embodied in International Covenants) are protected.
2. Structure and Constitution
The Commission is a multi-member body.
The Chairperson: A person who has been a Chief Justice of India or a Judge of the Supreme Court.
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 (at least one must be a woman) having knowledge of, or practical experience in, matters relating to human rights.
Deemed Members (Ex-officio): Chairpersons of National Commissions (Minorities, SCs, STs, Women, Backward Classes, Child Rights) and the Chief Commissioner for Persons with Disabilities.
Appointment: Members are appointed by the President of India based on the recommendations of a six-member committee consisting of:
The Prime Minister (Chair)
Speaker of the Lok Sabha
Deputy Chairman of the Rajya Sabha
Leaders of the Opposition in both Houses
Central Home Minister
3. Functions and Powers
Functions:
Inquiry: To investigate violations of human rights or negligence in the prevention of such violations by a public servant, either suo motu (on its own) or on a petition.
Intervention: To intervene in any proceeding involving allegations of human rights violation pending before a court.
Jail Visits: To visit jails and detention centers to study the living conditions of inmates and make recommendations.
Review: To review constitutional and legal safeguards for human rights and recommend measures for their effective implementation.
Research: To promote research and awareness in the field of human rights through publications and seminars.
Powers:
It has all the powers of a Civil Court while trying a suit (summoning witnesses, receiving evidence on affidavits, etc.).
It can utilize the services of any officer or investigation agency of the Central or State Government.
Limitation: Its recommendations are advisory in nature; it cannot punish violators directly but can approach the Supreme Court or High Courts for directions/orders.
4. Role Played by NHRC in Protecting Human Rights
The NHRC has been instrumental in shifting the focus of governance toward human dignity:
Custodial Justice: It has significantly reduced custodial deaths and torture by mandating that every custodial death must be reported to the NHRC within 24 hours.
Civil Liberties: It has taken a strong stand on issues like encounter killings, bonded labor, and child labor.
Systemic Reforms: It monitors the "Right to Food," health, and education, often issuing notices to state governments when basic services fail.
Crisis Management: During major riots or communal violence (e.g., post-Godhra), the NHRC has intervened to ensure fair investigation and rehabilitation of victims.
5. Complaints NOT Handled by the NHRC
To prevent the misuse of its resources and overlap with other legal processes, the NHRC does not entertain:
Time-Barred Cases: Complaints regarding events that occurred more than one year before the complaint is filed.
Sub-judice Matters: Matters that are already pending before a State Human Rights Commission or any other statutory commission.
Vague/Anonymous: Anonymous, pseudonymous, or illegible complaints.
Service Matters: Disputes relating to civil service (transfer, promotion, etc.) as these are handled by Administrative Tribunals.
Private Disputes: Purely civil or property disputes between private individuals that do not involve a "public servant" or a human rights violation.
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