National Human Rights Commission (NHRC)

Why in news?

• Prime Minister Shri Narendra Modi attended 28th National Human Rights Commission (NHRC) Foundation day programme on 12^th October 2021

More about the news:

• The Prime Minister said that the concept of human rights is closely related to the dignity of the poor. He said when the poorest of the poor does not get an equal share of the government schemes then the question of rights arises.
• The Prime Minister cautioned against the selective interpretation of human rights and using human rights to diminish the image of the country. He also said that the biggest infringement of human rights takes place when they are seen from the prism of politics and political profit and loss.

About National Human Rights Commission:

• The National Human Rights Commission is a statutory (and not a constitutional) body
• It was established in 1993 under the Protection of Human Rights Act, 1993.
• The commission is the watchdog of human rights in the country
• The specific objectives of the establishment of the commission are:
  • (a) To strengthen the institutional arrangements through which human rights issues could be addressed in their entirety in a more focussed manner
  • (b) To look into allegations of excesses, independently of the government, in a manner that would underline the government's commitment to protect human rights.

Composition:

• The commission is a multi-member body consisting of a chairman and four members.
• A person who has been Chief Justice of the Supreme Court, or a Judge of the Supreme Court will be the chairperson of the NHRC.
• Members should be serving or retired judges of the Supreme Court, a serving or retired chief justice of a high court and three persons having knowledge or practical experience with respect to human rights, of which at least one will be a woman.
• In addition to these fulltime members, the commission also has four ex-officio members
  • The chairperson of the National Commission for Minorities
  • The chairperson of the National Commission for SCs
  • The chairperson of the National Commission for STs
  • The chairperson of the National Commission for Women.
  • The chairperson of the National Commission for Backward Classes
  • The chairperson of National Commission for the Protection of Child Rights
  • The chairperson of Chief Commissioner for Persons with Disabilities
• The chairman and members are appointed by the president on the recommendations of a six-member committee consisting of
  • The prime minister as its head
  • The Speaker of the Lok Sabha
  • The Deputy Chairman of the Rajya Sabha
  • Leaders of the Opposition in both the Houses of Parliament
  • The Union home minister.
• Further, a sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation with the chief justice of India.

Tenure:

• Chairperson and members of the NHRC will hold office for three years or till the age of seventy years, whichever is earlier.

Removal:

• The president can remove the chairman or any member from the office under the following circumstances:
  • (a) If he is adjudged an insolvent
  • (b) If he engages, during his term of office, in any paid employment outside the duties of his office
  • (c) If he is unfit to continue in office by reason of infirmity of mind or body
  • (d) If he is of unsound mind and stand so declared by a competent court
  • (e) If he is convicted and sentenced to imprisonment for an offence.
• In addition to these, the president can also remove the chairman or any member on the ground of proved misbehaviour or incapacity.
• However, in these cases, the president has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the president can remove the chairman or a member.

Salaries, allowances and other conditions of service:

• The salaries, allowances and other conditions of service of the chairman or a member are determined by the Central government.
• But, they cannot be varied to his disadvantage after his appointment.

Functions of the Commission:

• To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court
• To intervene in any proceeding involving allegation of violation of human rights pending before a court.
• To visit jails and detention places to study the living conditions of inmates and make recommendation thereon.
• To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
• To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
• To study treaties and other international instruments on human rights and make recommendations for their effective implementation.
• To undertake and promote research in the field of human rights.
• To spread human rights literacy among the people and promote awareness of the safeguards available for the protection of these rights.
• To encourage the efforts of non-governmental organisations (NGOs) working in the field of human rights.
• To undertake such other functions as it may consider necessary for the promotion of human rights.

Working of the commission:

• It is vested with the power to regulate its own procedure. It has all the powers of a civil court and its proceedings have a judicial character.
• It may call for information or report from the Central and state governments or any other authority subordinate thereto.
• The commission has its own nucleus of investigating staff for investigation into complaints of human rights violations.
• Besides, it is empowered to utilise the services of any officer or investigation agency of the Central government or any state government for the purpose

Role of the Commission

• The functions of the commission are mainly recommendatory in nature.
• It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim.
• Notably, its recommendations are not binding on the concerned government or authority.
• But, it should be informed about the action taken on its recommendations within one month.
• The commission submits its annual or special reports to the Central government and to the state government concerned. These reports are laid before the respective legislatures, along with a memorandum of action taken on the recommendations of the commission and the reasons for nonacceptance of any of such recommendations.

Limitations:

• Time limit:
  • The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed
• Limited role with respect to the violation of human rights by armed forces:
  • NHRC has limited role, powers and jurisdiction with respect to the violation of human rights by the members of the armed forces. In this sphere, the commission may seek a report from the Central government and make its recommendations.
  • The Central government should inform the Commission of the action taken on the recommendations within three months.

PRACTICE QUESTION

Which among the following are the members of National Human Rights Commission?

1. Chairperson of the National Commission for SCs

2. Chairperson of the National Commission for STs

3. Chairperson of the National Commission for Women.

4. Chairperson of the National Commission for Backward Classes

5. Chairperson of National Commission for the Protection of Child Rights

Select the correct answer using the code given below:

(a) 2 and 4 only

(b) 1,2 and 3 only

(c) 1,3,4 and 5 only

(d) 1,2,3,4 and 5

Answer