Accreditation of NHRC
- NHRCI got ‘A’ status of accreditation first time in 1999. In 2016, NHRCI’s accreditation was deferred by a year after which it received an ‘A’ rating in 2017 by SCA of GANHRI.
- In 2023, accreditation of NHRCI was deferred. The current accreditation by NHRCI is differed due to a lack of diversity in staff and leadership and insufficient action to protect marginalised groups.
About the National Human Rights Commission (NHRC)
- Genesis: It is a statutory body, established under the Protection of Human Rights Act (PHRA), 1993 as ameded in 2006 and in 2019.
- Protection of Human Rights Act (PHRA) defines Human Rights as the rights relating to life, liberty, equality and dignity of the individual. These rights are guaranteed by the Constitution or embodied in International Covenants and are enforceable by courts in India
- Appointment: Chairperson and Members of the Commission are appointed by the President of India, on the recommendations of a committee, headed by the Prime Minister, consisting of:
- Speaker of Lok Sabha
- Minister-in-Charge of Ministry of Home Affairs
- Leader of Opposition in Lok Sabha and Rajya Sabha o Deputy Chairman of Rajya Sabha
- Tenure: Chairperson and members of NHRC will hold office for three years or till the age of seventy years, whichever is earlier. The Chairperson and members both are eligible reappointment.
- Removal: Both Chairperson and members can be removed from office by order of the President on the ground of proved misbehaviour or incapacity after consultation with the Supreme Court.
- Powers of NHRC: It has all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 and in particular in respect of the following matters, namely:
- Summoning and enforcing the attendance of witnesses and examining them on oath;
- Discovery and production of any document;
- Receiving evidence on affidavits;
- Requisitioning any public record or copy thereof from any court or office;
- Issuing commissions for the examination of witnesses or documents.
Paris Principles, adopted by UN General Assembly (UNGA) in 1993, set out internationally agreed minimum standards that NHRIs must meet to be considered credible. These are:
- Mandate and competence
- Autonomy from Government
- Independence guaranteed by a Statute or Constitution
- Pluralism, Adequate resources and
- Adequate powers of investigation.
Functions of NHRC
- Inquire into human rights violation on its own or on a petition by a victim
- Intervene in proceeding involving human right violation pending before a court with approval of such court
- Visit any jail or institution under control of State Government to study living condition of inmates
- Review law and procedure for protection of human rights
- Review factors, including acts of terrorism that inhibit human rights
Composition of National Human Right Commission of India (NHRCI)
-
- Chairperson: Retired Chief Justice of India or a Judge of the Supreme Court
- 5 full-time Members
-
-
- Retired or serving Judge of the Supreme Court
- Retired or serving the Chief Justice of a High Court
- 3 other members to be appointed from persons having knowledge and practical experience in matters of human rights, one of whom shall be a woman.
-
- 7 deemed Members
- Chairpersons of the National Commission for Minorities, Backward Classes, Persons with Disabilities, Scheduled Caste, Scheduled Tribes, the Protection of Child Rights, and women.