Introduction
- Statutory body under the Protection of Human Rights Act (PHRA), 1993.
- Functions as a watchdog of human rights—protecting life, liberty, equality, and dignity.
- HQ: New Delhi; can establish regional offices.
- Human rights: Defined by UN as rights inherent to all humans, celebrated annually on 10th December (Human Rights Day).
Historical Background
- UDHR adopted in 1948, creating global awareness.
- Paris Principles (1991) guided NHRI formation; endorsed by UNGA (1993).
- India enacted PHRA, 1993, establishing NHRC.
Composition of NHRC
- Chairperson: Retired Chief Justice of India or SC judge.
- Members:
- 1 ex-SC Judge
- 1 ex-CJ of a High Court
- 3 members with human rights experience (1 must be a woman as per 2019 amendment)
- Ex-officio members: Chairpersons of NCM, NCW, NCBC, NCPCR, and Chief Commissioner for Persons with Disabilities.
- Appointed by President on recommendations of a high-level committee.
Appointment Committee
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- Chair: Prime Minister
- Members:
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- Home Minister
- Speaker of Lok Sabha
- Deputy Chairman of Rajya Sabha
- Leaders of Opposition in Lok Sabha & Rajya Sabha
Tenure and Removal
- Term: 3 years or till age 70 (as per 2019 amendment).
- Removal by President on grounds of:
- Misbehaviour (after SC inquiry)
- Insolvency, infirmity, criminal conviction, or paid employment during tenure.
Powers of NHRC
- Powers of a civil court:
- Summoning witnesses
- Receiving evidence
- Examining documents
- Can recommend compensation, seek reports from govt, and approach SC/HC.
- Can act suo motu.
Functions of NHRC
- Inquire into HR violations (including negligence by public servants)
- Visit prisons and detention centres
- Review constitutional/legal safeguards
- Promote awareness via education, outreach
- Support NGOs in HR work
- Intervene in court with approval
- Study international treaties
- Recommend remedial actions
- Submit annual and special reports to Parliament and State Legislatures
Amendments – 2019
- Chairperson eligibility: Now includes SC judges (not just CJIs)
- Members increased from 2 to 3 (1 woman mandatory)
- Deemed members added: NCBC, NCPCR, Chief Commissioner for PwDs
- Term reduced to 3 years (reappointment allowed)
- Gave UTs under State Commissions’ jurisdiction, except Delhi (under NHRC)
- Expanded powers to Secretaries for administrative efficiency
NHRC and Armed Forces
- Limited jurisdiction: Can only request reports & recommend actions.
- Central Govt must inform NHRC of action within 3 months.
Limitations of NHRC
- Advisory nature: Recommendations not binding
- No enforcement powers
- Cannot investigate cases older than 1 year
- Seen as post-retirement haven for judges/bureaucrats
- Inadequate infrastructure, staffing, and funding
- Lacks independent investigation wing
- Declared “toothless tiger” by former CJI H.L. Dattu
Strategy for Improvement
- Training for staff
- Diverse representation
- Timely and accessible complaint handling
- Legal teeth to recommendations
- Infrastructure & budget enhancement
- Civil society partnerships
Global Alliance of National Human Rights Institutions (GANHRI)
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- HQ: Geneva, founded in 1993 (Tunis)
- Works with UNDP and OHCHR
- Paris Principles guide accreditation:
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- A Status: Full compliance, voting rights
- B Status: Partial compliance, no voting
- NHRC India has A Status
Issues Addressed by NHRC
- Arbitrary arrests & detention
- Custodial torture & deaths
- Fake encounters
- Communal violence
- SC/ST atrocities, child labour, LGBTQ rights
- Labour violations, manual scavenging
- Displacement due to conflict