National Human Rights Commission of India

About the Organisation:

The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.

It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of 20 December, 1993.

The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.

Section 2(1)(d) of the PHRA defines Human Rights as the 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.

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

1. Proactively or reactively inquire into violations of human rights by government of India or negligence of such violation by a public servant 

2. the protection of human rights and recommend measures for their effective implementation

3. review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures

4. to study treaties and other international instruments on human rights and make recommendations for their effective implementation

5. undertake and promote research in the field of human rights

6. to visit jails and study the condition of inmates

7. 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

8. encourage the efforts of NGOs and institutions congress to working in the field of human rights.

9. it considers the necessity for the protection of human rights.

10. requisitioning any public record or copy thereof from any court or office.

Composition

The NHRC consists of: The Chairman and Four 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 , or, 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.

Appointment

Section 2 Sections 3 and 4 of TPHRA lay down the rules for appointment to the NHRC. The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of:

• The Prime Minister (Chairperson)
• The Home Minister
• The Leader of the Opposition in the Lok Sabha (Lower House)
• The Leader of the Opposition in the Rajya Sabha (Upper House)
• The Speaker of the Lok Sabha (Lower House)
• The Deputy Chairman of the Rajya Sabha (Upper House)