National Human Rights Commission India

NHRC full form stands for the national human rights commission in India. The National Human Rights Commission India is a statutory public body that was established according to the constitution of India, it is aimed to protect the humans rights of citizens of India. The body was formed under the Protection of Human Rights Act (PHRA) in 1993. 

An important term that is used here is “statutory”, the term refers to the formation or establishment of a non-constitutional body, these non-constitutional bodies were not present in the original constitution of India but are formed by the members of parliament. An Act of Parliament or an Act of State Legislatures can create a statutory law, for example, the national human rights commission of India, created by the PHRA of 1993.

Since we have understood the formation of statutory bodies such as NHRC, it is important to understand the powers and functions of a statutory body. A statutory body such as NHRC has the legislative powers to pass the law, that is they can decide whether or not to enact a law on behalf of the state or the country. Examples of statutory bodies apart from the National human rights commission India include the Securities and Exchange Board of India, the National Commission for Minorities, and the Armed Forces Tribunal.

The article focuses on the explanation of the composition function and history of the National Human Rights Commission of India, it also provides information related to the chairman of the national human rights commission, a member of NHRC, and the present human rights commission chairman.

What are Human Rights?

As we have discussed the National Human Rights Commission is a self-governing body that safeguards the human rights of citizens of India, it is important to understand the meaning of human rights. The understanding of the concept of human rights will help to create a better understanding of the area of jurisdiction of this body. 

Human rights are defined as the moral principle and norms that are necessary to follow to maintain certain standards of human behavior. These rights are protected by autonomous bodies such as NHRC and other international laws. Human rights are inherent to every human being regardless of their gender, caste, creed, religion, ethnicity, language, community, and other differences. These are rights are defined as the rights of life and liberty, they also constitute the right of freedom from slavery and torture. Human rights ensure the exercise of the right of freedom of opinion and expression, the right to work and education is one of the most prominent areas in which human rights activists are working nationally as well as globally. Apart from these, there are several other aspects that fall under the category of human rights. 

Although the understanding and policies related to human rights are very developed and work on a global scale and the term itself covers a wide range of matters, the origin, and history of the concept are predominately set around the aftermath of the second world war, and the holocaust. The concept of human rights was accepted in the Universal Declaration of Human Rights in Paris by the United Nations General Assembly of 1948. As we trace the history of this concept, the concept is dated back to the times of philosophers as John Locke, Francis Hutcheson, and Jean-Jacques Burlamaqui and which featured prominently in the political discourse of the American Revolution and the French Revolution.

History of NHRC

It is important to understand the history of the establishment of NHRC as it will help in understanding the composition and functions of the national human rights commission. The National Human Rights Commission is a self-governing body that was established in the Protection of Human Rights Act (PHRA) in 1993. It was later amended in the year 2006, it was amended by the Protection of Human Rights (Amendment) Act which was done to make the law more inclusive of the citizens of India.

As discussed earlier while discussing the history of human rights it was mentioned that the concept of human rights was officially accepted, the proposal was titled the Universal Declaration of Human Rights (UDHR). This was accepted on 10 December 1948 by the United Nations General Assembly of Paris. The national human rights commission of India has been established according to the guidelines provided in the General Assembly of Paris. An important point to notice is that the autonomous body was backed by the General Assembly of the United Nations on 20 December 1993. Another point to keep in mind while studying the history of the commission is that the act has granted the authority to the state to establish an independent human rights commission of the state. 

Composition of National Human Rights Commission of India

The commission of India is composed of the chairman of the national human rights commission, and other members, there are seven members apart from the chairman of the national human rights commission. These members are generally people who have served in public service and have made exceptional contributions in their respective fields. One of the important points to note is that out of seven members, three are ex-officio members. The chairman of NHRC is appointed by the President of India, the appointment is made on the recommendations by the Prime Minister of India and his committee, the committee is headed by the Prime Minister of the nation. 

Mentioned below are the appointment criteria of the chairman of the human rights commission and other members of NHRC.

• Chairman of NHRC, appointed by the President of India, the minimum appointment criteria requires the individual to be a retired Chief Justice of India.

• Member 1, is appointed by the committee the minimum criteria to be appointed as a member requires one to be a retired Judge of the Supreme Court of India.

• The third member of the national human rights commission must be a retired judge of the High Court of India irrespective of the state.

• The rest of two members to be appointed as a member of the national human rights commission must have relevant experience in working in the field of protection and promotion of human rights.

• The three ex-officio members serve as chairpersons in the NHRC, the minimum requirement of them to be chairpersons is that they must be a member of one of these statutory bodies, the National Commission for Minorities, National Commission for Scheduled Castes, National Commission for Scheduled Tribes and National Commission for Women.

Functions of NHRC

As we have understood the definition, history, and composition of NHRC, we can now understand the powers and functions of the national human rights commission. A brief summary of the responsibilities is mentioned below:

NHRC has the authority to start an investigation related to grievances or offenses against the violation of human rights.

• The investigation can be initiated by a petition or can be started on its own by the NHRC.

• NHRC has the legal authority to interfere in the judicial process in case of violations of human rights.

• NHRC has the authority to visit and command changes required in the government facilities like jails, to maintain the individual dignity and living conditions of a person. 

• NHRC has the authority to review the protections provided, or human rights protection legislation implemented. It can recommend effective remedial steps.

• It has the authority to suggest state and central governments make changes in case of violation of human rights. 

• NHRC has the legislative authority of a civil court and if required can grant interim relief to the individual.

• It has the power to command the payment of any damages made to an individual as compensation for the violation of human rights.

• NHRC is also responsible for research related to human rights, they are also responsible for generating awareness among civilians about their rights.  

• It is responsible for the creation of an annual report, the report is presented to the President of India. 

Limitations Of The National Human Rights Commission 

As discussed earlier, the national human rights commission of India consists of various members who are trusted with several responsibilities and power to secure the human rights of the citizens of the nation, but there are some limitations to the power and authority of the NHRC which are mentioned below:

• NHRC can not take action in the following cases, cases that are older than one year, anonymous, pseudonymous cases, cases concerning service matters.

• MHRC can not impose a fine on authorities that do not implement their recommendations. 

• It has minimal jurisdiction over the armed forces of the country.

• It has no jurisdiction over the violation of human rights codes by private parties. 

In conclusion, although NHRC is an autonomous body concerned with the protection of the human rights of the citizens of India, there are certain limitations related to the jurisdiction of this commission.