The National Human Rights Commission stands as a vigilant guardian of justice, ensuring the dignity and rights of every individual are upheld. Through its tireless efforts, it safeguards the essence of human rights in India.

Establishment and Legal Framework

The National Human Rights Commission (NHRC) of India is a statutory body established by the Parliament through the enactment of the Protection of Human Rights Act in 1993. This legislation was a significant step towards safeguarding human rights in India and has undergone amendments in 2006 and 2019 to enhance its efficacy. NHRC comes under the Ministry of Home Affairs.

The NHRC operates as a watchdog for human rights, overseeing the protection and enforcement of rights related to life, liberty, equality, and dignity. These rights are guaranteed by the Indian Constitution and are also enshrined in international covenants such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. These covenants were adopted by the United Nations General Assembly on December 16, 1966, and India acceded to them on April 10, 1979.

Organizational Structure

The NHRC is a multi-member body consisting of a chairman and four other members. The chairman is appointed from among retired Chief Justices of India or former Supreme Court judges. The four members include:

1. Serving or retired judges of the Supreme Court.
2. Serving or retired Chief Justices of High Courts.
3. Three individuals with expertise in human rights, including at least one woman.

In addition to these primary members, the NHRC also includes ex-officio members who are the chairpersons of various national commissions such as the National Commission for Minorities, the National Commission for Scheduled Castes, the National Commission for Scheduled Tribes, the National Commission for Women, the National Commission for Backward Classes, the Chief Commissioner for Persons with Disabilities, and the National Commission for Protection of Child Rights.

The appointment process involves a six-member committee led by the Prime Minister and including other key figures such as the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the leaders of the Opposition in both Houses of Parliament, and the Central Home Minister. For appointments of sitting judges, consultation with the Chief Justice of India is also required. The tenure for the chairman and members is three years or until the age of 70, whichever comes first, with eligibility for reappointment.

Removal Procedures

The President of India can remove the chairman or any member under specific conditions:

1. Insolvency.
2. Engagement in paid employment outside official duties.
3. Infirmity of mind or body making them unfit for office.
4. Being declared of unsound mind by a competent court.
5. Conviction and imprisonment for an offense.

In cases of proven misbehavior or incapacity, the President must consult the Supreme Court, which will conduct an investigation before any removal decision is made.

Salaries and Conditions

The salaries, allowances, and service conditions for the chairman and members are determined by the Central Government and cannot be altered to their disadvantage once appointed. These provisions are designed to ensure the NHRC’s autonomy, independence, and impartiality.

Functions and Powers

The NHRC is tasked with a range of responsibilities aimed at protecting human rights, including:

1. Inquiring into human rights violations or negligence in preventing such violations, either suo motu or based on petitions or court orders.
2. Intervening in court proceedings related to human rights violations.
3. Visiting jails and detention centers to assess living conditions and making recommendations for improvements.
4. Reviewing constitutional and legal safeguards for human rights and suggesting measures for effective implementation.
5. Analyzing factors that hinder human rights enjoyment, such as terrorism, and recommending remedial actions.
6. Studying international human rights treaties and instruments, and advising on their implementation.
7. Promoting and undertaking research in the field of human rights.
8. Enhancing public awareness and literacy about human rights.
9. Supporting the efforts of non-governmental organizations (NGOs) working in human rights.
10. Undertaking any other functions deemed necessary for promoting human rights.

The NHRC operates from its headquarters in Delhi and has the authority to set up offices elsewhere in the country. It can regulate its own affairs and possesses the powers of a civil court, including investigating human rights complaints, calling for information from governments, and utilizing the services of government officers for investigations.

Limitations and Recommendations

The NHRC is not authorized to inquire into matters beyond one year from the date of the alleged human rights violation. Its recommendations, while advisory, must be responded to by the concerned authorities within a month. The NHRC has limited jurisdiction over human rights violations by armed forces and must seek reports from the Central Government, which must act on recommendations within three months.

Proposed Reforms

The AM Ahmadi Committee in 1999 suggested reforms to the Protection of Human Rights Act, including:

1. Allowing investigations into human rights violations even after one year if justified.
2. Revising the definition of ‘armed forces’ to exclude paramilitary forces.

The NHRC submits annual or special reports to the Central and state governments, which are then presented to the respective legislatures, along with a memorandum outlining the actions taken on the commission’s recommendations and reasons for any non-acceptance.

Amendments to the Protection of Human Rights Act: 2006 and 2019

Protection of Human Rights (Amendment) Act, 2006

In 2006, significant amendments were made to the Protection of Human Rights Act, 1993, aimed at enhancing the efficiency and effectiveness of human rights commissions at both national and state levels. The key amendments include:

1. Reduction in the Number of SHRC Members: The number of members in State Human Rights Commissions (SHRCs) was reduced from five to three, streamlining their structure.
2. Eligibility for SHRC Members: Changes were made to the eligibility criteria for appointment to the SHRCs, adjusting the qualifications required for members.
3. Enhanced Investigative Powers: The amendments strengthened the investigative mechanisms available to human rights commissions, improving their ability to address complaints.
4. Compensation Recommendations: The commissions were empowered to recommend compensation and other relief measures even while an inquiry was still ongoing.
5. Unannounced Jail Visits: The NHRC was granted the authority to visit jails and detention centers without prior notice to the state governments, facilitating unannounced inspections.
6. Evidence Recording Procedures: The procedures for recording witness testimonies were reinforced, ensuring more robust evidence collection.
7. Clarification of Chairperson and Member Roles: The roles of Chairpersons and Members of NHRC and SHRCs were clarified to distinguish their functions more clearly.
8. Complaint Transfers: The NHRC was authorized to transfer complaints it receives to the relevant SHRCs for appropriate action.
9. Resignation Procedures: The process for resignation of the NHRC Chairperson and members was formalized, requiring them to submit their resignations in writing to the President. Similarly, SHRC Chairpersons and members must address their resignations to the state Governor.
10. Selection Committee Validity: The validity of decisions made by the Selection Committee for appointing the Chairpersons and members of the NHRC and SHRCs was clarified, ensuring that the absence of a member does not invalidate the decisions.
11. Deemed Members: The Chairpersons of the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes were recognized as deemed members of the NHRC.
12. Notification of International Covenants: The Central Government was given the authority to notify additional international covenants and conventions applicable under the Act.

Protection of Human Rights (Amendment) Act, 2019

The 2019 amendment introduced further changes to the Protection of Human Rights Act, enhancing the operational framework of the commissions:

1. Eligibility for NHRC Chairperson: The amendment expanded the eligibility criteria for the Chairperson of the NHRC to include former Supreme Court judges in addition to retired Chief Justices of India.
2. Increase in Human Rights Members: The number of NHRC members with practical human rights experience was increased from two to three, with at least one being a woman.
3. Expanded Deemed Membership: The Chairpersons of the National Commission for Backward Classes, the National Commission for Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities were included as deemed members of the NHRC.
4. Reduced Tenure: The term of office for the Chairperson and members of both the NHRC and SHRCs was reduced from five years to three years, with eligibility for reappointment.
5. Eligibility for SHRC Chairperson: The eligibility criteria for the Chairperson of the SHRC were broadened to include former High Court judges, in addition to retired Chief Justices of High Courts.
6. SHRC Functions for Union Territories: The functions of SHRCs were clarified to cover human rights issues in Union territories other than Delhi, which remain under the NHRC’s jurisdiction.

State Human Rights Commission (SHRC)

Under the Protection of Human Rights Act, 1993, State Human Rights Commissions were established to address human rights violations at the state level:

• Jurisdiction: SHRCs can inquire into violations of human rights only concerning subjects listed in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution. They cannot investigate cases already under review by the NHRC or other statutory commissions.
• Composition: An SHRC consists of a Chairperson and two members. The Chairperson can be a retired Chief Justice of a High Court or a former High Court judge, while members must be serving or retired High Court judges, District Judges with at least seven years of experience, or individuals with human rights expertise.
• Appointment: The Governor appoints the Chairperson and members based on recommendations from a committee led by the Chief Minister, including the Speaker of the Legislative Assembly, the state home minister, and the leader of the opposition. In states with a Legislative Council, the Chairman of the Council and the leader of the opposition are also involved in the committee.
• Tenure and Removal: The tenure for SHRC Chairpersons and members is three years or until the age of 70, with eligibility for reappointment. They can only be removed by the President, not the Governor, on grounds similar to those applicable for NHRC members.
• Functions and Jurisdiction: The functions and salary conditions of SHRC members mirror those of the NHRC but are restricted to the state level.

Human Rights Courts

The Protection of Human Rights Act (1993) also mandates the establishment of Human Rights Courts in every district for the expeditious trial of human rights violations. These courts can be set up by the state government with the Chief Justice of the High Court’s concurrence. For each court, the state government appoints a public prosecutor or a special public prosecutor with at least seven years of practice experience.

Important Facts – 

• The 1st Chairperson of Human Rights Commission was Justice Rangnath Mishra and Current serving chairperson as of 2024, Arun Kumar Mishra.

• At Present, there are 25 states in India having a state human rights commission.

Conclusion

The National Human Rights Commission (NHRC) plays a crucial role in safeguarding and promoting human rights in India. Established under the Protection of Human Rights Act of 1993, the NHRC has evolved through amendments to address emerging challenges more effectively. Its structured approach, encompassing a diverse membership and comprehensive powers, allows it to oversee and advocate for the protection of rights enshrined in the Constitution and international covenants. Despite certain limitations, the NHRC remains a vital institution in ensuring accountability, transparency, and justice in human rights matters across the country.