The protection and promotion of human rights are foundational pillars of any democratic society, ensuring the dignity, equality, and liberty of all individuals. In India, a nation committed to democratic values and the rule of law, the establishment of a dedicated institution to safeguard these fundamental rights was a crucial step in fulfilling its constitutional and international obligations. The National Human Rights Commission (NHRC) stands as a testament to this commitment, serving as a statutory body vested with the responsibility to inquire into human rights violations, promote human rights literacy, and advise the government on policy matters.

Conceived in response to a growing global consciousness about human rights and India’s active participation in international human rights discourse, the NHRC was established under the Protection of Human Rights Act (PHR Act) of 1993. This act provided a robust legal framework for the creation of human rights commissions at both the national and state levels, aiming to provide accessible avenues for redressal to victims of human rights abuses. The NHRC operates as an independent watchdog, investigating complaints, conducting research, and advocating for the effective implementation of human rights standards across various sectors, thereby playing a pivotal role in strengthening the human rights regime within the country.

Composition of the National Human Rights Commission

The National Human Rights Commission is meticulously constituted to ensure a blend of judicial expertise, administrative experience, and practical knowledge in human rights. The structure of the NHRC, initially defined by the Protection of Human Rights Act, 1993, underwent significant amendments in 2019 to further broaden its representation and streamline its functioning. This composition is designed to instill confidence in its impartiality, effectiveness, and capacity to address diverse human rights issues.

At the helm of the NHRC is the Chairperson, who must be a person who has been a Chief Justice of the Supreme Court of India. This requirement ensures that the head of the Commission possesses profound legal knowledge, extensive judicial experience, and the highest level of integrity, thereby lending significant credibility and authority to the institution.

Accompanying the Chairperson are several Members, categorized to bring varied expertise:

  1. Judicial Members:

    • One Member who is, or has been, a Judge of the Supreme Court.
    • One Member who is, or has been, the Chief Justice of a High Court. These judicial appointments ensure that the Commission benefits from deep insights into constitutional law, criminal justice, and the practical application of legal principles in protecting fundamental rights.

  2. Expert Members:

    • Three Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights. The 2019 amendment specifically mandated that at least one of these three members shall be a woman, ensuring gender representation within the expert body. This category allows the Commission to tap into non-legal expertise, including social activists, academics, civil society leaders, and professionals with on-the-ground experience in human rights advocacy and protection.

In addition to the Chairperson and the directly appointed Members, the Act also designates Ex-officio Members to enhance coordination and ensure comprehensive coverage of various vulnerable groups. These are the Chairpersons of the following national commissions:

  • The National Commission for Minorities
  • The National Commission for Scheduled Castes
  • The National Commission for Scheduled Tribes
  • The National Commission for Women
  • The National Commission for Backward Classes (added by the 2019 amendment)
  • The National Commission for Protection of Child Rights (added by the 2019 amendment)
  • The Chief Commissioner for Persons with Disabilities (added by the 2019 amendment) The inclusion of these ex-officio members ensures that the concerns and perspectives of specific marginalized or vulnerable sections of society are directly integrated into the NHRC’s deliberations and decision-making processes, fostering a more inclusive approach to human rights protection.

Appointment Process: The Chairperson and Members are appointed by the President of India based on the recommendations of a high-powered committee. This committee comprises:

  • The Prime Minister (as Chairperson)
  • The Speaker of the House of the People (Lok Sabha)
  • The Minister in-charge of the Ministry of Home Affairs
  • The Leader of the Opposition in the House of the People
  • The Leader of the Opposition in the Council of States (Rajya Sabha)
  • The Deputy Chairperson of the Council of States This multi-party, multi-institutional committee structure is designed to ensure transparency, objectivity, and broad political consensus in the selection of the NHRC’s leadership, thereby safeguarding its independence from executive influence.

Tenure and Removal: The Chairperson and Members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier. Crucially, the 2019 amendment reduced the tenure from five years to three years for the Chairperson and Members, making them eligible for re-appointment, unlike the previous provision. This change aims to ensure continuous expertise and experience within the Commission. They can only be removed from office by the President of India on grounds of proved misbehavior or incapacity. The President must refer the matter to the Supreme Court for an inquiry, and if the Supreme Court, after due inquiry, reports that the Chairperson or a Member ought to be removed, the President can then issue an order for removal. This stringent removal process further reinforces the independence and security of tenure for the Commission’s members.

Secretariat: The NHRC is supported by a dedicated Secretariat headed by a Secretary-General, who is the chief executive officer of the Commission. The Secretariat comprises various divisions, including a Law Division, Investigation Division, Policy Research and Programmes Division, Training Division, and Administration Division. The Investigation Division, in particular, plays a crucial role, being staffed by officers drawn from police and other investigative agencies, enabling the Commission to conduct independent inquiries into alleged human rights violations.

Powers of the National Human Rights Commission

The NHRC is endowed with a range of significant powers, primarily investigative and quasi-judicial in nature, designed to facilitate its role as a human rights watchdog. While comprehensive, these powers also come with certain limitations, which are critical to understanding the Commission’s overall effectiveness.

1. Powers of a Civil Court: For the purpose of conducting an inquiry into complaints, the Commission has all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908. These powers include: * Summoning and enforcing the attendance of any person from any part of India and examining him on oath. * Requiring the 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. * Any other matter which may be prescribed. This provision grants the NHRC substantial authority to gather evidence, compel testimony, and access relevant documents, which are essential for thorough investigations.

2. Investigative Powers: * Inquiry into Complaints: The NHRC can inquire suo motu (on its own initiative) or on a petition presented to it by a victim or any person on their behalf, into complaints of violation of human rights violations or abetment thereof, or negligence in the prevention of such violation by a public servant. * Inquiry into Public Servants: The Commission can directly investigate allegations against public servants. However, if the alleged violation is by members of the armed forces, its power is limited. It can seek a report from the Central Government and make recommendations, but it cannot directly investigate armed forces personnel. * Visits to Jails and Detention Centers: The Commission has the power to visit any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation, or protection, with a view to studying the living conditions of the inmates and making recommendations thereon. * Recommendation for Interim Relief: During the pendency of an inquiry, the Commission may grant interim relief to the victim or members of their family, as it may consider necessary. While this power exists, the actual implementation often depends on the state or central government. * Engagement of Agencies: The Commission can utilize the services of any officer or investigation agency of the Central Government or any State Government for the purpose of its inquiry. It can also engage any non-governmental organization (NGO) or individuals to assist it in the discharge of its functions.

3. Power to Recommend and Report: * After the inquiry, if the Commission finds a violation of human rights, it may recommend to the concerned government or authority to initiate prosecution or other proceedings against the erring public servant. * It can recommend the payment of compensation or damages to the victim. * It can recommend to the government or authority concerned the grant of interim relief to the victim or the members of his family. * The Commission submits annual reports and special reports to the Central Government and State Governments, which are then laid before Parliament or the State Legislature, respectively, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission.

Limitations on Powers: Despite these broad powers, certain critical limitations affect the NHRC’s efficacy: * Advisory Nature of Recommendations: The most significant limitation is that the recommendations made by the NHRC are not legally binding on the government or concerned authorities. They are advisory in nature. While the government is expected to consider them and report on the action taken, there is no direct enforcement mechanism. This often leads to non-compliance or delayed implementation, diluting the Commission’s impact. * Time Limit for Complaints: The Commission cannot inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed. This one-year limitation can be restrictive, especially for victims who may not immediately be aware of their rights or have the means to approach the Commission. * Jurisdiction over Armed Forces: As mentioned, the NHRC’s power concerning armed forces is restricted. It cannot investigate complaints against the armed forces directly. It can only seek a report from the Central Government and then make recommendations. This limitation is a point of contention, as human rights violations by armed forces are a serious concern in certain regions. * No Power to Punish: The NHRC does not have the power to prosecute or punish perpetrators of human rights violations. Its role is to investigate and recommend. The actual prosecution or disciplinary action rests with the government or judicial system. * Financial Dependence: The Commission’s financial independence is somewhat constrained as its budget is allocated by the Central Government, which can potentially influence its operational autonomy, though in practice, it largely maintains independence.

Functions of the National Human Rights Commission

The functions of the NHRC are extensive, encompassing a broad spectrum of activities aimed at both protecting individual rights and promoting a culture of human rights awareness and compliance. These functions can be broadly categorized as investigative, oversight, promotional, and advisory.

1. Inquiry and Investigation: * Investigating Human Rights Violations: The primary function of the NHRC is to inquire, either suo motu or on a petition presented to it, into complaints of violation of human rights or abetment thereof, or negligence in the prevention of such violation by a public servant. This covers a wide range of issues, from custodial deaths and torture to police excesses, disappearances, encounter killings, and violations related to bonded labor, child labor, and discriminatory practices. * Intervention in Court Proceedings: The Commission can intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court. This allows the NHRC to provide its expert opinion or findings to judicial bodies, potentially influencing the outcome of cases. * Visiting Detention Facilities: As part of its oversight function, the NHRC regularly visits jails, mental hospitals, juvenile homes, and other institutions where individuals are detained or lodged. The purpose is to assess the living conditions of inmates and make recommendations for their improvement, ensuring that human rights standards are maintained in such facilities.

2. Review and Research: * Review of Safeguards: The Commission reviews the safeguards provided by or under the Constitution or any law for the protection of human rights and recommends measures for their effective implementation. This involves scrutinizing existing legislation and policies to identify gaps or deficiencies in human rights protection. * Study of Treaties and International Instruments: The NHRC studies treaties and other international instruments on human rights and makes recommendations for their effective implementation. India is a signatory to various international human rights covenants (like ICCPR, ICESCR), and the NHRC plays a role in monitoring their domestic application and advocating for ratification of others. * Promoting Research: The Commission undertakes and promotes research in the field of human rights. This research can inform policy recommendations, identify emerging human rights issues, and contribute to a deeper understanding of human rights challenges in India.

3. Promotion and Awareness: * Human Rights Literacy: A crucial function is to spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, media, seminars, and other available means. This involves educating the public, law enforcement agencies, and other stakeholders about their rights and responsibilities. * Encouraging NGOs: The NHRC encourages the efforts of non-governmental organizations and institutions working in the field of human rights. Collaboration with civil society organizations is vital for reaching remote areas, gathering information, and implementing awareness campaigns effectively.

4. Advisory and Reporting: * Advising the Government: The NHRC advises the government on various matters related to human rights, including legislative changes, policy reforms, and administrative measures needed to better protect and promote human rights. * Annual and Special Reports: The Commission submits annual reports to the Central Government and to the State Government concerned. These reports detail its activities, findings, recommendations, and the status of human rights in the country. Special reports can also be submitted on specific issues of concern. These reports are then laid before Parliament or the State Legislature, creating a mechanism for public and legislative oversight of human rights issues. * Recommendations for Remedial Measures: Based on its inquiries, the NHRC makes recommendations to the government or concerned authority regarding prosecution, interim relief, compensation, or other suitable remedial measures for the victims of human rights violations.

Impact and Challenges: Over its existence, the NHRC has made significant contributions to the human rights landscape in India. It has investigated numerous critical cases, drawing attention to issues like custodial violence, police accountability, bonded labor, and the rights of vulnerable groups. Its interventions have often led to public debate, governmental action, and increased awareness. The Commission’s “A” status accreditation by the Global Alliance of National Human Rights Institutions (GANHRI) reflects its adherence to the Paris Principles, signifying its independence and effectiveness internationally.

However, the NHRC faces persistent challenges. Its recommendatory nature means that its effectiveness largely hinges on the willingness of governments to implement its suggestions. Instances of non-compliance or delayed action by state authorities remain a concern. The one-year limitation on taking up complaints can also be an impediment. Furthermore, the limited jurisdiction over armed forces and the lack of independent investigative machinery dedicated solely to the NHRC (it often relies on police for investigations) have also been points of criticism. Despite these limitations, the NHRC remains a vital institutional mechanism, serving as a formal channel for human rights redressal and a persistent voice for human rights advocacy within India.

The National Human Rights Commission stands as a crucial institution in India’s democratic framework, mandated to safeguard the fundamental rights enshrined in its Constitution and international instruments. Its unique composition, drawing from judicial expertise, administrative experience, and dedicated human rights knowledge, ensures a comprehensive approach to monitoring, investigating, and promoting human rights across the nation. The inclusion of chairpersons from various other national commissions as ex-officio members further reinforces its holistic coverage of vulnerable populations.

Endowed with powers akin to a civil court, the NHRC possesses the necessary authority to conduct thorough inquiries, summon individuals, and access crucial documents, enabling it to diligently investigate complaints of human rights violations. Its functions extend beyond mere investigation to encompass proactive measures such as reviewing existing laws, undertaking pertinent research, promoting human rights literacy, and fostering collaboration with civil society organizations. Through its annual and special reports, the Commission not only informs the legislative bodies about the state of human rights but also provides actionable recommendations for systemic improvements and remedial measures.

Despite its inherent limitations, particularly the advisory nature of its recommendations and restricted jurisdiction over armed forces, the NHRC has undeniably played a significant role in raising awareness, intervening in critical cases, and contributing to policy discussions concerning human rights in India. Its existence provides a formal and accessible platform for citizens to seek redress for grievances, holding public authorities accountable and advocating for greater respect for human dignity and fundamental freedoms. The continued strengthening of the NHRC’s autonomy, resources, and enforcement mechanisms remains vital for it to fully realize its potential as an unwavering guardian of human rights in the country.