National Human Rights Commission | Public Administration Optional for UPSC (Notes) PDF Download

Introduction

The National Human Rights Commission of India (NHRC) plays a pivotal role in safeguarding and promoting the fundamental rights enshrined in the Indian Constitution and international covenants. Established in 1993 under The Protection of Human Rights Act, 1993, the NHRC stands as a statutory body responsible for protecting the rights relating to life, liberty, equality, and dignity of individuals.

Composition and Appointment

The NHRC is headed by a Chairperson, who is either a retired Chief Justice of India or a Judge of the Supreme Court. The appointment of the Chairperson is made by the President based on the recommendations of a six-member committee comprising the Prime Minister, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the Leaders of the Opposition in both Houses of Parliament, and the Union Home Minister.

Term and Removal

The Chairperson holds office for a term of three years or until they reach the age of 70, whichever comes earlier. The President has the authority to remove the Chairperson under specific circumstances.

Role of the National Human Rights Commission

The NHRC performs a range of vital functions to ensure the protection and promotion of human rights:

• Investigation: The Commission investigates complaints and instances of rights violations, whether initiated suo moto or through petitions. Notable instances include the suo moto cognizance of the Sonbhadra tribal killing in Uttar Pradesh, where a fact-finding mission was sent.
• Prevention and Safeguard: The NHRC monitors the living conditions of prison inmates and makes recommendations to improve their well-being. It also reviews statutory safeguards and treaties for the protection of human rights.
• Research and Promotion: The Commission actively promotes research and collaborates with NGOs working in the field of human rights. It possesses the powers of a civil court during the inquiry into complaints and studies international instruments on human rights, providing recommendations for effective implementation.
• Intervention: With the approval of a court, the NHRC intervenes in proceedings involving allegations of human rights violations. Between 2012 and 2017, the Commission awarded compensation amounting to 11 crore rupees through its recommendations.
• Human Rights Advocacy: The NHRC analyzes factors that hinder the enjoyment of human rights, including acts of terrorism, and recommends appropriate remedial measures.
• Awareness and Collaboration: The Commission strives to spread human rights literacy and awareness across various segments of society through publications, media engagement, seminars, and other available means. It actively encourages the efforts of non-governmental organizations and institutions engaged in human rights work.

Challenges and Reforms

While the NHRC has made significant contributions to human rights protection, there are several challenges and areas for improvement:

• Penalizing Authorities: The NHRC lacks the authority to penalize authorities that fail to implement its orders effectively.
• Limitations in Jurisdiction: The NHRC's jurisdiction does not extend to Jammu and Kashmir. Additionally, the Commission cannot investigate events if the complaint is filed more than one year after the incident.
• Expertise and Inclusion: The criteria for NHRC judges do not explicitly require a proven record of human rights activism or expertise. The inclusion of academics, NGO representatives, and civil society members with contributions to human rights is not mandated by law.
• Armed Forces Violations: When it comes to human rights violations by the armed forces, the NHRC can only seek a report from the government and issue recommendations, lacking statutory enforcement powers.
• Enforcement of Recommendations: The concerned authority has one month to implement NHRC recommendations, failing which they must provide reasons for non-compliance. However, enforcement remains a challenge, and the conviction rate for atrocities against Dalits stands at a mere 25.52%.
• Private Party Jurisdiction: The NHRC has no jurisdiction over human rights violations committed by private parties. It can only provide recommendations for remedies without the power to enforce them.

Protection of Human Rights (Amendment) Bill 2019

Recognizing the need for reform, the Parliament unanimously passed the Protection of Human Rights (Amendment) Bill, 2019, introducing several significant changes to the NHRC's functioning:

• Composition of NHRC: The Bill allows a person who has been a Chief Justice of the Supreme Court or a Judge of the Supreme Court to serve as the NHRC Chairperson.
• Inclusion of Woman Member: The amended Act ensures the appointment of at least one woman member among the three persons with knowledge of human rights serving on the NHRC.
• Expanded Membership: The Bill includes the chairpersons of the National Commission for Backward Classes, the National Commission for the Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities as members of the NHRC.
• Term of Office: The term of office for the NHRC Chairperson and members has been reduced to three years or until the age of seventy, whichever is earlier. The five-year limit for reappointment has been removed.
• Powers of Secretary-General: The Secretary-General and Secretary of the NHRC now possess administrative and financial powers, subject to the respective Chairperson's control, enhancing their efficiency.
• Union Territories: The central government has been granted the authority to confer human rights functions discharged by Union Territories to the respective SHRCs. Human rights functions in Delhi will be handled by the NHRC.

Benefits and the Way Forward

The amendment to the Act strengthens the NHRC and SHRCs, aligning them with global standards and ensuring effective discharge of their mandates. To further enhance the NHRC's efficacy and reach:

• Inclusive Representation: A wider range of societal groups should be considered during the selection process, maximizing potential candidates with diverse backgrounds and educational qualifications.
• Enforceable Decisions: The government should make NHRC decisions immediately enforceable, enhancing the Commission's effectiveness.
• State Governments' Compliance: All state governments must comply with NHRC directions, particularly regarding compensation and other critical issues.
• Collaboration with Activists: The NHRC should actively involve social and human rights activists, leveraging their practical experience and contributions to strengthen the Commission's operations.

Conclusion

The National Human Rights Commission of India, through its tireless efforts, plays a crucial role in upholding the rights of individuals. To further enhance its impact, the government's support in making NHRC decisions enforceable and addressing the outlined challenges will contribute to a stronger and more effective Commission, ensuring justice and removing any doubts regarding its efficacy.