The National Human Rights Commission (NHRC) is an independent statutory body in India. It was established to protect and promote human rights. These rights include life, liberty, equality, and dignity, as guaranteed by the Constitution of India and international treaties.
Establishment
The NHRC was formed on 12th October 1993 under the Protection of Human Rights Act (PHRA), 1993. The Act was amended in 2006 and again in 2019. The NHRC was established in alignment with the Paris Principles, which aim to enhance human rights globally.
Composition
The NHRC consists of a chairperson and eight members. The chairperson is typically a former Chief Justice of India or a Supreme Court judge. The members include:
- Four full-time members with expertise in human rights.
- Four deemed members, who are chairpersons of various national commissions.
Appointment and Tenure
The President of India appoints the chairperson and members based on recommendations from a six-member committee. This committee includes:
- The Prime Minister (Chairman)
- The Speaker of the Lok Sabha
- The Deputy Chairman of the Rajya Sabha
- Leaders of the Opposition in both Houses of Parliament
- The Union Home Minister
The term for the chairperson and members is three years or until they reach the age of 70.
Role and Functions
The NHRC operates with powers akin to a civil court. Its main functions include:
- Investigating human rights violations.
- Recommending measures to prevent such violations.
- Reviewing existing laws related to human rights.
- Promoting awareness and research on human rights.
The NHRC can also intervene in judicial processes involving human rights allegations.
Limitations of NHRC
Despite its role, the NHRC faces several limitations:
- Non-Binding Recommendations: Its recommendations are not legally enforceable.
- Inability to Punish: The NHRC cannot impose penalties on violators.
- Limited Jurisdiction: It has restricted authority over armed forces cases.
- Time Constraints: The NHRC cannot investigate cases reported after one year.
- Resource Issues: The NHRC faces a high caseload and insufficient resources.
- Independence Challenges: Government appointments may affect its impartiality.
- Reactive Approach: The NHRC often responds to complaints rather than proactively addressing issues.
Challenges in Functioning
The NHRC encounters various challenges in its operations:
- High incidence of human rights violations in India.
- Arbitrary arrests and custodial torture remain prevalent.
- Child labour and violence against women and children are concerns.
- Extrajudicial killings and excessive use of force by authorities are ongoing issues.
- Rights of minority groups, including LGBTQ+ and SC/ST communities, require attention.
Steps for Strengthening NHRC
To enhance the NHRC’s effectiveness, several measures can be taken:
- Expand Scope: Address emerging human rights issues like AI and climate change.
- Grant Enforcement Powers: Provide the NHRC with authority to enforce its recommendations.
- Diversity in Composition: Include members from civil society and human rights activists.
- Independent Cadre Development: Create a dedicated staff with expertise in human rights.
- Support for State Commissions: Strengthen state human rights commissions through collaboration.
- Advocacy and Awareness: Engage in proactive campaigns to educate citizens about their rights.
- International Cooperation: Learn from global best practices in human rights protection.
Historical Context
The concept of human rights gained traction globally after the adoption of the Universal Declaration of Human Rights (UDHR) by the UN in 1948. The Paris Principles, established in 1991, set guidelines for national human rights institutions. India enacted the PHRA in 1993, leading to the NHRC’s formation, which also allowed for state human rights commissions.
Functions and Powers of NHRC
The NHRC’s functions include:
- Investigating complaints of human rights violations.
- Monitoring the implementation of human rights treaties.
- Making recommendations for effective human rights protections.
- Conducting inquiries into public servant negligence.
The NHRC can also visit prisons and detention centres to assess conditions and make recommendations.
Limitations in Jurisdiction
The NHRC cannot address:
- Complaints older than one year.
- Anonymously submitted or vague complaints.
- Frivolous cases without substantial evidence.
- Service-related matters.
Its jurisdiction over armed forces is also limited, affecting accountability.
Recent Amendments
The Protection of Human Rights (Amendment) Act, 2019, introduced several changes:
- Reduced the term of office for members from five years to three.
- Increased the number of full-time members from two to three, including at least one woman.
- Expanded the list of deemed members to include additional national commission chairpersons.
Public Awareness Initiatives
The NHRC engages in various initiatives to promote human rights awareness:
- Organising workshops and seminars.
- Publishing reports and guidelines.
- Utilising media campaigns to reach wider audiences.
These efforts aim to empower citizens regarding their rights and the mechanisms available for protection.
International Framework
The NHRC operates within a broader international framework. It collaborates with global human rights organisations and adheres to international standards. This cooperation helps in learning from successful practices worldwide.
Impact of NHRC
The NHRC has played important role in denoting human rights issues in India. It has raised awareness about various violations and provided recommendations to address these problems. Its reports often influence public policy and legislative changes.
Future Directions
To remain effective, the NHRC must adapt to changing human rights landscapes. This includes addressing new challenges posed by technology and environmental concerns. A proactive approach and enhanced powers could improve its impact.
