National Human Rights Commission (NHRC) of India | UPSC Notes

When we think about justice in India, we usually think of courts and judges. There is also one of the most important bodies that works to protect our fundamental rights, the National Human Rights Commission (NHRC). It helps ensure that people’s rights are respected and protected.

The NHRC is a crucial topic for the UPSC Prelims and Mains Polity syllabus, as it explains India’s human rights framework, constitutional values, and the functioning of statutory bodies.

Let’s study this topic in detail!

The National Human Rights Commission (NHRC) is an independent statutory body established under the Protection of Human Rights Act, 1993. This Act was passed by Parliament on January 8, 1994, making it one of India's most important institutions for protecting citizens.

• The headquarters are located in New Delhi.
• NHRC comes under the Ministry of Home Affairs (MHA), Government of India.
• Created in accordance with the Paris Principles on Human Rights, endorsed by the United Nations.
• Works at both national and state levels (through State Human Rights Commissions).
• Functions as the watchdog of human rights in India.
• Derives all its powers from the Protection of Human Rights Act, 1993.

Also read: Article 15 of the Indian Constitution [UPSC Polity Notes]

The NHRC was established with specific, well-defined objectives to strengthen India's human rights protection framework.

• Investigate violations independently without being pressured by the government.
• Complement existing efforts to promote and protect human rights across society.
• Serve as a grievance redressal mechanism for common citizens who can't afford expensive court battles.
• Act as a moral authority that brings institutional visibility to human rights issues.
• Recommend reforms in laws and policies to prevent future violations.
• Spread human rights awareness among all sections of society.
• Promote research in the field of human rights to understand India's challenges better.
• Encourage NGOs and civil society organisations working on human rights.

Also read:  Separation of Powers in India [UPSC Notes]

Understanding the structure of NHRC is important for UPSC preparation, as it directly impacts the institution's independence and functioning.

Composition of NHRC

The NHRC is a multi-member body comprising six full-time members plus seven ex officio (deemed) members from other national commissions:

• Chairperson: Must be a retired Chief Justice of India OR a retired/sitting Supreme Court Judge.
• First Member: A serving or retired Judge of the Supreme Court.
• Second Member: A serving or retired Chief Justice of a High Court.
• Third, Fourth, and Fifth Members: Persons with knowledge and practical experience in human rights protection (with at least one woman mandatory).
• Ex-officio Members: Chairs of SC/ST Commission, Minority Commission, Women Commission, Disability Commission, Backwards Classes Commission, and Child Rights Commission.

Appointment Process

The President of India appoints the Chairperson and members based on recommendations of a six-member selection committee headed by the Prime Minister.

1. Prime Minister (as Chair)
2. Union Home Minister
3. Speaker of the Lok Sabha
4. Deputy Chairman of the Rajya Sabha
5. Leader of the Opposition in the Lok Sabha
6. Leader of the Opposition in the Rajya Sabha

For appointing serving judges from the SC or High Courts, consultation with the Chief Justice of India is mandatory.

Tenure and Service Conditions

• Term: 3 years OR until attainment of age 70 years (whichever comes first).
• Amendment Note: The Protection of Human Rights (Amendment) Act, 2019, reduced the tenure from 5 years to 3 years.
• Reappointment: Members are eligible for reappointment after their term ends.
• Post-Service Restriction: After tenure completion, neither the Chairperson nor members can accept further employment under the Central or State Government.

Removal of Members

The President can remove the Chairperson or members only under specific circumstances:

• Grounds for Removal: Proven misbehaviour or incapacity, insolvency, conviction and imprisonment, engaging in paid employment outside official duties, or being of unsound mind.
• Procedural Safeguard: For misbehaviour or incapacity, the President must refer the matter to the Supreme Court, which conducts an inquiry; only after SC confirmation can removal proceed.
• Purpose: This ensures protection from arbitrary removal and maintains institutional independence.

The NHRC has strong powers to investigate cases and make recommendations, which help it deal with human rights violations effectively.

Legal Powers

The NHRC has been granted all the powers of a Civil Court under the Code of Civil Procedure, 1908. This means during investigations, the Commission can:

• Summon and compel the attendance of witnesses and examine them under oath.
• Demand production of documents and receive evidence on affidavits.
• Requisition public records or copies from any court or office.
• Issue commissions for the examination of witnesses or documents.

Investigative Authority

• The NHRC can investigate complaints suo moto or on receiving petitions about human rights violations.
• Its investigations have a judicial character.

Recommendations and Relief

After conducting an inquiry, if the NHRC finds that a human rights violation has occurred, it may:

• Recommend compensation or damages to the victim for losses or hardships suffered.
• Recommend initiation of legal proceedings against the guilty public servant.
• Recommend immediate interim relief to the victim by the concerned government or authority.
• Approach the Supreme Court or High Court for necessary directions, orders, or writs.

Intervention in Court Proceedings

• The NHRC can intervene in any court proceeding involving allegations of human rights violations, with the court's approval.

Facility Inspections

• The Commission can visit jails, prisons, police stations, and other detention facilities to assess conditions and recommend improvements.
• Important Limitation: The One-Year Restriction
• The NHRC cannot investigate any matter after one year has elapsed from the date the alleged violation occurred.
• This time-bound jurisdiction is a significant limitation.

Also read: Basic Structure Doctrine UPSC Notes: Meaning, Significance & Key Cases

Despite its mandate, the NHRC faces significant operational and structural challenges that limit its effectiveness:

• Non-binding Recommendations: NHRC can only recommend; it cannot enforce decisions or penalise non-compliance.
• Complaint Time Limit: Can only investigate complaints registered within one year of the incident, excluding older violations.
• No Contempt Power: Cannot punish those who ignore its recommendations or orders.
• Resource Constraints: Faces inadequate funding and staffing relative to caseload.
• Awareness Gaps: Many citizens remain unaware of NHRC's existence or how to approach it.
• Limited Private Sector Jurisdiction: Can only act when public servants are involved or negligent.

The NHRC has faced sustained criticism from civil society, international bodies, and human rights organisations regarding its independence and effectiveness:

• GANHRI Concerns: The Global Alliance of National Human Rights Institutions expressed concerns about adherence to the Paris Principles.
• Toothless Tiger Label: Former Chief Justice H.L. Dattu (who served as NHRC Chair) used this term, highlighting the lack of enforcement power.
• Poor Civil Society Engagement: The relationship with NGOs and human rights organisations remains distant.
• Gender Imbalance: Inadequate representation of women in decision-making positions.
• Selective Suo Moto Cases: Less active on issues affecting marginalised communities compared to high-profile cases.
• Delayed Investigations: Long delays in completing inquiries lead to justice being delayed for victims.

Despite its challenges, the NHRC plays a vital role in India's democratic system. To make it truly effective, several reforms are essential.

• Amend the Act to give recommendations legal force and accountability mechanisms.
• Remove or extend the one-year complaint registration deadline to allow older cases.
• Enable NHRC to punish contempt of its orders and non-compliance.
• Include more civil society members, human rights activists, and representatives of marginalised groups.
• Extend jurisdiction to human rights violations by private entities affecting public interest.

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