NHRC: National Human Rights Commission of India

Context:

Recently, the National Human Rights Commission (NHRC) in its order directed Ministry of Home Affairs and Arunachal Pradesh to submit action taken report within six weeks against alleged racial profiling and relocation of the Chakmas and Hajongs from the State.

About NHRC:

• The National Human Rights Commission (NHRC) of India is a statutory public body 
• It constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993.
• It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA).
• The NHRC is responsible for the protection and promotion of human rights, defined by the act as “Rights Relating To Life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the international covenants and enforceable by courts in India
• NHRC was established in compliance with the Paris Principles of Human Rights, 1991 which were adopted for the promotion and protection of Human Rights and were endorsed by the United Nations at its General Assembly of 1993

Functions of NHRC

The Protection of Human Rights Act mandates the NHRC to perform the following:

• Proactively or reactively inquire into violations of human rights by government of India or negligence of such violation by a public servant
• The protection of human rights and recommend measures for their effective implementation
• Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures
• To study treaties and other international instruments on human rights and make recommendations for their effective implementation
• Undertake and promote research in the field of human rights
• To visit jails and study the condition of inmates
• Engage in human rights education among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means
• Encourage the efforts of NGOs and institutions that works in the field of human rights volunteerly.
• Considering the necessity for the protection of human rights.
• Requisitioning any public record or copy thereof from any court or office.

Composition of NHRC

The NHRC consists of: The chairperson and five members (excluding the ex-officio members) 

• A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court
• One member who is, or has been, a Judge of the Supreme Court of India and one member who is, or has been, the Chief Justice of a High Court.
• Three Members, out of which at least one shall be a woman to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
• In addition, the Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities serve as ex officio members.

The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be appointed only after the consultation with the Chief Justice of Supreme Court.

Term

• 5 Yrs or 70 Years whichever is earlier
• eligible for re-appointment
• After Tenure both chairperson and members are not eligible for further employment under the Central or a state government

Appointment of NHRC Members

• A Selection Committee will recommend the candidates to the President.
• The Selection Committee includes:
  • Prime Minister (Chairman)
  • Speaker of Lok Sabha
  • Union Home Minister
  • Deputy Chairman of Rajya Sabha
  • Leaders of the Opposition in both Houses of the Parliament

Removal

• President can remove the chairperson or any member:
• Adjudged an insolvent
• Engaged in paid employment outside his duties
• Unfit to continue / infirmity of mind or body
• Unsound mind
• Convicted and sentenced to imprisonment
• Misbehavior / incapacity (President refer to SC for enquiry)
• Salaries, allowances and other conditions of service of the chairperson or a member are determined by the Central government / cannot be varied to his disadvantage

NHRC History 

• In 1948, the UN adopted the UDHR (Universal Declaration of Human Rights).
• In 1991, the Paris Principles were established by the National Human Rights Institutions (NHRIs).
• In 1993, the UN adopted these Paris Principles at its General Assembly.
• In 1993, India enacted the Protection of Human Rights Act.
• This led to the formation of the National Human Rights Commission (NHRC).
• The Protection of Human Rights Act also allowed state governments to establish the State Human Rights Commission.

Limitations of NHRC 

It is important to know the limitations of NHRC  for the UPSC exam. They are mentioned below:

• The Recommendations made by the NHRC are not binding.
• Violation of Human rights by private parties cannot be considered under NHRC Jurisdiction.
• NHRC doesn’t have the power to penalise the authorities that don’t implement its recommended orders.
• 3 of the NHRC members are judges which give the functioning of the Commission a judicial touch.
• The other members that are recommended by the Selection Committee may not necessarily be Human Rights experts.
• The NHRC does not consider the following cases:

• Cases that are older than one year. 
• Cases that are anonymous, pseudonymous or vague.
• Frivolous cases.
• Cases pertaining to service matters.
• The NHRC has limited jurisdiction over cases related to armed forces.
• The NHRC faces other issues like excess cases/complaints, insufficient funds, bureaucratic functioning style, etc.

Major Issues related to NHRC

India faces Human Rights violations on a large scale due to various reasons. The National Human Rights Commission (NHRC) takes up most of the issues around the country. Some of them are mentioned below:

• Arbitrary arrest and detention
• Custodial torture
• Child labour
• Violence and discrimination against women and children
• Extrajudicial killings
• Excessive powers 
• Sexual violence and abuse
• LGBTQ community rights 
• SC/ST, disabled people and other religious minority issues
• Labour rights and right to work
• Conflict induced interna

The Protection of Human Rights (Amendment) Bill, 2019, inter alia, provides:

• that a person who has been a Judge of the Supreme Court is also made eligible to be appointed as Chairperson of the Commission in addition to the person who has been the Chief Justice of India;
• to increase the Members of the Commission from two to three of which, one shall be a woman;
• to include Chairperson of the National Commission for Backward Classes, Chairperson of the National Commission for Protection of Child Rights and the Chief Commissioner for Persons with Disabilities as deemed Members of the Commission;
• to reduce the term of the Chairperson and Members of the Commission and the State Commissions from five to three years and shall be eligible for re-appointment;
• to provide that a person who has been a Judge of a High Court is also made eligible to be appointed as Chairperson of the State Commission in addition to the person who has been the Chief Justice of the High Court; and,
• to confer upon State Commissions, the functions relating to human rights being discharged by the Union territories, other than the Union territory of Delhi, which will be dealt with by the Commission.

Source: M. Laxmikanth

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