National Human Rights Commission (NHRC), Functions, Chairman

National Human Rights Commission

In India, the National Human Rights Commission, an independent statutory organisation, is responsible for monitoring violations of human rights. The Protection of Human Rights Act of 1993, which was later revised by the Protection of Human Rights Amendment Act of 2006, established the National Human Rights Commission, often known as NHRC, on October 12, 1993.

The National Human Rights Commission is an important part of Indian Polity which is an important subject in UPSC Syllabus. Students can also go for UPSC Mock Test to get more accuracy in their preparations.

National Human Rights Commission History

The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly on December 10 in Paris. The protection of human rights was advanced through this action, which proved to be a turning point in human history. Soon after that, in 1991, National Human Rights Institutions, or NHRIs as they are more commonly known, introduced the Paris Principles. These principles were endorsed by the UN general assembly in 1993, and India also passed the Human Rights Protection Act that year.

The National Human Rights Commission’s first foundation was set at this time. Large organisations began to recognise the value of protecting human rights, which led to the UN’s acceptance of the Paris Principles. In line with these principles, India advanced and welcomed the creation of the Human Rights Act in 1993. Even the state governments in India were permitted and compelled to establish the Human Rights Commission by the higher court and the constitution.

National Human Rights Commission Features

The Human Rights Commission of India was established by the Indian government to preserve a number of rights essential for a high standard of living, including the right to liberty, equality, freedom from slavery, freedom of speech, etc.

Today, everyone is allowed to live with a certain level of dignity. Therefore, in order to uphold the dignity of human life, the National Human Right Commission was established to defend their rights and provide them with a quality of life. These rights, which are protected by the Indian constitution, are upheld by higher courts in India. The fundamental rights are protected by the Constitution. Both the NHRC and the Paris Principle of Human Rights were established in 1991. It is followed by the NHRC. This topic was endorsed in 1993 by the UN General Assembly.

NHRC Composition

Despite not being a constitutional body, the NHRC is made up of respectable individuals. Twelve other working members and a chairperson make up the NHRC Composition. Additionally, there are two groups of these 12 NHRC Members: five full-time members and seven considered Members.

NHRC Members Appointment

To be appointed as a member of the National Human Rights Commission, several requirements must be met. A selection committee acting on behalf of the NHRC makes recommendations for candidates to the Indian president.

As the NHRC is crucial to the growth of the nation, the selection committee for the nomination of its members is carefully chosen. This selection panel consists of:

• Prime Minister
• Lok Sabha Speaker
• Deputy Chairman of the Rajya Sabha
• Home Minister
• The opposition leader in both houses

NHRC Members Removal

The NHRC chairwoman and other members are appointed for a period of five years or until they become 70. However, if found guilty of misbehaviour or found incapable by the probe ordered by India’s supreme court, these members or the chairperson could be removed from office immediately.

If a member of the NHRC is proven to be insolvent and/or mentally or physically infirm, the President of India can remove them from office. They may receive a prison term or financial penalties.

National Human Rights Commission Function

The National Human Rights Committee’s (NHRC) duties include receiving and investigating complaints of human rights abuses and taking appropriate action. Any situation where a complaint of a human rights violation has been made is eligible for intervention by the NHRC. It is permitted to look into instances of human rights abuses.

As a result, the NHRC has the authority to examine the living conditions of inmates in any jail or prison operated by a state; it also supervises awareness campaigns and encourages literacy through advertisements in various media; and it has the authority to suggest ideas or actions to the Indian government in order to safeguard human rights and prevent violations from occurring. The NHRC is also mandated to submit an annual report to the President of India, which is then submitted to the Lok Sabha and Rajya Sabha. This is applicable to both the central and state governments.

National Human Rights Committee Limitations

When looking into the alleged encounter deaths in Manipur, former Chief Justice of India H.L. Dattu himself referred to the NHRC as a helpless organisation and a “toothless tiger” since it lacked the necessary resources to handle such matters. The NHRC has no power to impose decisions; it may only issue recommendations. The judgement can also be rejected outright as a result of this lack of authority to ensure compliance.

It lacks impartial investigating tools. According to the Protection of Human Rights Act of 1993, human rights commissioners are not allowed to look into an incident if a complaint is made more than a year after it happened. As a result, a significant number of valid complaints go unaddressed.

A lot of judges, police officers, and politically powerful bureaucrats saw it as a place to retire to. The work of the commission is further impeded by ineffective bureaucracy and a lack of funding. Due to its inability to grant redress, it can only ask the authorities to go before higher courts to help the victims. The responsible authority shall implement its suggestions or explain its reasons therefor within one month.

National Human Rights Commission UPSC

The NHRC’s authority could be increased in a number of ways to increase its effectiveness and efficiency in the process of bringing victims of human rights violations to justice.
The NHRC needs to be given authority and must be free from political and administrative interference in order to efficiently carry out its duties. It must be given the discretion to make choices that will actually and significantly affect the situation. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.

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