National Human Rights Commission | Explained

The National Human Rights Commission is a statutory body under the Indian Government established to secure, advocate for, and achieve human rights within any country. The body was established on 12 October 1993 under the Protection of Human Rights Act, which was further amended in 2006. It serves as the human rights watchdog in India. It primarily looks into the violation of the human rights of individuals. It also advises on how to prevent such violations from occurring in future times and spreading awareness about human rights issues. It also engages in promoting accountability for those in power who abuse their powers to crush the human rights of normal citizens, thus ensuring that justice prevails, which serves as a way towards bettering the overall human rights situation within a country.

Role of the National Human Rights Commission 

• Investigation: The National Human Rights Commission investigates allegations of human rights violations either on its own initiative or upon receipt of complaints from individuals or groups.

• Monitoring: It keeps an eye on how well human rights are respected in the country and can hold inquiries into particular incidents or systemic problems.

• Advocacy: It helps in promoting understanding of issues concerning human rights as well as advocating for policy changes to protect them.

• Recommendations: for addressing human rights abuses and enhancing safeguards, the NHRC offers advice to government agencies and other relevant bodies.

• Education and Awareness: It informs citizens about their basic entitlements and available grievance mechanisms.

• Legal Intervention: Either by assisting the victims through legal representation or by instituting court cases, the NHRC may take part in judicial processes related to breaches of human rights.

HISTORICAL DEVELOPMENT 

Before the 20th century: Abolitionism, women’s suffrage, and labor rights formed the basis for early forms of advocacy about human rights. 

1948: The UN adopted the UDHR (Universal Declaration of Human Rights).

1991: The Paris Principles were established by the National Human Rights Institutions (NHRIs).

1993: The UN adopted these Paris Principles at its General Assembly.

12 October 1993: India enacted the Protection of Human Rights Act. This led to the formation of the National Human Rights Commission (NHRC). The Protection of Human Rights Act also allowed state governments to establish the State Human Rights Commission.

Composition and Structure of a National Human Rights Commission   

The National Human Rights Commission (NHRC) is composed of a Chairperson and eight other members.

Those eight members are:

1. Four full-time members.

2. Four deemed members.

• Chairman of NHRC: Retired Chief Justice of India

• Member 1: One who is/has been a Judge of the Supreme Court of India or One who is/has been a Chief Justice of a High Court

• Three Members: Candidates with the knowledge or practical experience in the matters of Human Rights (at least one to be a woman member)

• Deemed Members (Ex-officio Members): Deemed members are chairpersons of the below national commissions:

1. National Commission for Minorities

2. National Commission for Scheduled Castes

3. National Commission for Scheduled Tribes

4. National Commission for Women

5. National Commission for Protection of Child Rights

6. National Commission for Backward Classes

7. Chief Commissioner for Persons with Disabilities

Tenure and Appointment of Chairperson of NHRC

• The National Human Rights Commission works under the Ministry of Home Affairs. 

• The Chairperson is appointed by the President of India for a tenure of 3 years

• The members as well as the chairperson hold office for 3 years or till the age of 70 whichever is earlier, as amended by the 2019 amendment to the act.

• Earlier, they could serve for 5 years or 70 years whichever is earlier

Functions

Investigation of Human Rights Violations: The body is empowered to inquire into complaints of human rights violations, either through petitions or suo motu (on its own motion), including violations by state actors, such as law enforcement agencies, as well as non-state actors.

Monitoring and Reporting: It also monitors the human rights situation in the country, identifying trends and patterns of violations. It also publishes reports and recommendations for drawing attention to systemic issues and proposing solutions.

• Advocacy and Education: NHRCs often engage in educational and promotional activities to create awareness about human rights, including conducting training programs, seminars, and workshops to promote a culture of respect for human rights.

• Legal Intervention: The NHRC may intervene in legal proceedings related to human rights cases. It also files petitions in courts on behalf of victims or as an interested party and provides legal assistance to those who cannot afford it.

• Human Rights Education and Research: NHRC engages in research on human rights issues and contributes to the development of human rights scholarship. They also develop educational materials and programs to enhance public understanding of human rights principles.

Other Important Facts

• Arun Kumar Mishra is the present chairman of the National Human Rights Commission. 

• The last chairman of NHRC was HL Dattu

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