National Human Rights Commission (NHRC)
National Human Rights Commission (NHRC)
- In order to defend and advance human rights in India, a separate statutory body called the National Human Rights Commission (NHRC) was founded.
- Its duties include examining and resolving violations of human rights and formulating suggestions for their preservation and advancement.
- India’s concern for the advancement and defense of human rights is embodied in the National Human Rights Commission (NHRC), which was founded in accordance with the Protection of Human Rights Act (PHRA), 1993.
- It is set up in line with the Paris Principles (1991), which were decided upon at the first international workshop on national institutions for human rights protection.
Composition of NHRC
- Five full-time members, seven deemed members, and the chairperson make up the NHRC. Qualifications for the appointment of the Commission’s members and chairperson are outlined in the statute.
Nomination:
The President of India appoints the chairperson and members of the NHRC on the advice of a committee made up of
- Prime Minister
- Speaker of the Lok Sabha
- Minister of Home Affairs
- Leader of the Opposition (Lok Sabha)
- Leader of the Opposition (Rajya Sabha)
- Deputy Chairman (Rajya Sabha)
Term:
Three years, or until the members and the chairperson turn seventy.
Removal:
- Following the Supreme Court’s investigation, the President may order the removal of the Chairperson or any other Member of the Commission from their position if it can be shown that they have engaged in misbehavior or are incapable. Additionally, the Chairperson or any other Member may be removed from office by the President by order if the Chairperson or such other Member:
- Is found to be insolvent.
- Takes on any paid job outside of his official responsibilities while serving in office.
- Is unable to hold office due to a physical or mental disability.
- Has had a competent court declare that they are mentally incompetent.
- Is found guilty and given a prison sentence for a crime that, in the President’s judgment, involves moral turpitude.
Functions of NHRC
The various duties performed by the National Human Rights Commission (NHRC) are intended to uphold and advance human rights in India. Among the main duties of the NHRC are the following:
- Look into allegations of human rights violations, including betrayal or carelessness on the part of a public official in preventing such violations.
- With the consent of the court in question, intervene in any proceeding involving any allegation of human rights violation that is currently pending.
- Examine the protections provided by the Constitution and current laws for the protection of human rights, and suggest ways to ensure that they are effectively implemented.
- Visit any jail or other establishment under the jurisdiction of the State Government to observe the living conditions of the prisoners and offer recommendations thereon.
- Examine the elements, such as terrorism, that obstruct the exercise of human rights and suggest suitable corrective action.
- Research human rights treaties and other international instruments and offer recommendations.
- Engage in and support human rights-related research.
- Raise awareness of the available protections and human rights literacy among diverse societal segments.
- Support the initiatives of organizations and non-governmental groups that deal with human rights.
Powers of NHRC
- With the help of several authorities, the National Human Rights Commission (NHRC) is able to fulfill its mandate, which is to uphold and advance human rights in India. These abilities include, among others:
- Investigating and inquiring into complaints of human rights violations: In accordance with the Code of Civil Procedure, 1908, the Commission has the same authority as a Civil Court to hear cases. Among these are the following:
- Call witnesses, compel their attendance, and question them under oath.
- Finding and presenting any document.
- Obtaining proof through affidavits.
- Obtaining a copy of any public record or record from a court or office.
- Granting commissions to examine documents or witnesses
Authority to suggest compensation to victims of violations of human rights:
- The NHRC is vested with the power to suggest that victims of violations of human rights receive recompense for their damages or hardships.
- Authority to petition the Supreme Court or the High Court for the enforcement of human rights:
- In order to defend the rights of individuals or groups, the NHRC may, if necessary, petition the Supreme Court or the High Court for the enforcement of human rights.
Authority to take suo motu cognizance of human rights violations:
- In the event that no formal complaint has been filed, the NHRC is still able to take “suo motu” cognizance of human rights violations.
Various initiatives undertaken by NHRC
As part of its mission to advance and defend human rights in India, the National Human Rights Commission (NHRC) takes on a range of projects. Among these are the following:
- Examining legislation such as the 2000 Prevention of Terrorism Bill and the Terrorist & Disruptive Activities Act.
- The defense of human rights in terrorist and insurgent areas.
- Establishing policies to prevent police abuse of their arrest authority. Human Rights Cells are established at State/City Police Headquarters.
- Actions taken to prevent torture, rape, and deaths in custody.
- Adherence to the Additional Protocols to the Geneva Conventions and the Convention against Torture.
- Comprehensive changes to the legal system, prisons, and other detention facilities.
- Safeguarding the Human Rights of HIV/AIDS Affected Individuals.
challenges faced by NHRC
A few of the major obstacles the NHRC faces in its mission to defend and advance human rights are as follows:
Staffing shortages:
The NHRC’s staffing shortages can make it challenging for it to carry out its mandate in an efficient manner. This may result in a backlog of cases and an inability to promptly handle all human rights concerns.
High workload and backlog of cases:
As a result of receiving numerous complaints alleging violations of human rights, the NHRC is overworked. This may cause a backlog of cases and cause the handling of human rights concerns to be delayed.
Limited ability to enforce recommendations:
The NHRC’s limited ability to enforce recommendations may make it more difficult for it to effectively address human rights issues and see to it that they are implemented.
Limited jurisdiction over specific case categories:
The NHRC’s authority is restricted, and it is not permitted to look into cases that are frivolous, anonymous, or have been open for more than a year.
Limited authority to look into and deal with human rights violations by non-state actors: Private businesses and private individuals do not fall under the purview of the NHRC’s investigation and resolution powers regarding human rights violations.
Measures that could bring effective function of NHRC
The following are some actions that could support the National Human Rights Commission’s (NHRC) efficient operation:
Regular training and capacity building:
To guarantee that commission members and staff are prepared to handle human rights cases, regular training and capacity building exercises are conducted.
Simplify processes and procedures:
This entails taking best practices from other human rights organizations, streamlining the complaint process, and enhancing case management.
Expanded authority and powers:
The NHRC could be granted additional authority and powers to investigate and address human rights violations by non-state actors, enforce its recommendations, and more in order to more effectively address human rights issues.
Address structural issues:
This can entail tackling systemic problems like corruption or a lack of accountability or striving to amend laws and policies that support inequality and discrimination.
Improve outreach and communication:
This can entail holding more public hearings, stepping up its social media presence, and working with other stakeholders and civil society organizations.
Explicit and open processes for reporting abuses of human rights and looking into them.
Time-bound inquiries to guarantee victims of human rights abuses receive prompt justice. Sufficient representation on the commission of marginalized groups, including SCs and STs.
Institutional Accountability:
To guarantee accountability, the commission’s performance is routinely reviewed and monitored.
State Human Rights Commission, and its features
In India, each state’s State Human Rights Commission (SHRC) acts as a watchdog to guarantee the preservation and advancement of human rights. It was founded in accordance with the 1993 Protection of Human Rights Act (PHRA).
Membership:
There will be four members and a chairperson on the State Commission.