The National Human Rights Commission (NHRC) marked its 28th anniversary on 12th October 2021. As the country’s human rights watchdog, the NHRC plays a critical role in upholding the rights associated with life, liberty, equality, and dignity. These rights are guaranteed by the Indian Constitution and enforceable by Indian courts. They are also fundamentally embodied in international covenants.
Establishment of The National Human Rights Commission
The NHRC was established on 12th October 1993 under the Protection of Human Rights Act (PHRA), 1993. The foundation of NHRC aligns with the Paris Principles, which aim to promote and protect human rights globally. These principles were adopted in Paris in October 1991 and later endorsed by the General Assembly of the United Nations in December 1993. The PHRA was further amended by the Protection of Human Rights (Amendment) Act in 2006 and the Human Rights (Amendment) Act in 2019 to keep the act updated and effective.
Composition and Appointment of Key Members
The NHRC is a multi-member body that consists of a chairman and five members. The chairman position is usually occupied by a person who has formerly served as the Chief Justice of India or a judge of the Supreme Court. The President appoints the chairman and other members based on recommendations from a six-member committee. This committee is led by the Prime Minister and includes the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament, and the Union Home Minister.
Tenure of the Commission Members
The tenure of the chairman and members of the NHRC lasts for three years or until they reach the age of 70, whichever is earlier. The President reserves the power to remove the chairman or any member under certain circumstances.
Role and Function of The National Human Rights Commission
The NHRC holds all the powers of a civil court and its proceedings carry judicial character. It is authorized to utilize the services of any officer or investigation agency of the Central government or any state government to investigate complaints of human rights violations. The commission can inquire into a matter within one year of its occurrence.
However, the functions of the NHRC are primarily recommendatory in nature. The commission does not have the power to punish violators of human rights or award any relief, including monetary relief, to victims. Its role, powers, and jurisdiction are limited with respect to human rights violations by armed forces members. Furthermore, the commission is not empowered to intervene in situations where human rights violations occur through private parties.