What is the National Human Rights Commission

(NHRC)?
The National Human Rights Commission (NHRC) established in 1993, is an
independent statutory body as per the provisions of the Protection of
Human Rights Act of 1993 which was amended in 2006.

 Human Rights are an indispensable part of society and Human Rights in India are
watched by NHRC.
 NHRC acts as a watchdog of human rights in the country.
 NHRC looks over the rights that are related to life, dignity, liberty and equality of
the individual that is defined in Section 2(1) of the PHR Act.
 They are guaranteed by the Constitution of India, embodied in the international
covenants and are enforceable by the courts of India as well.
 NHRC was established in compliance with the Paris Principles of Human Rights,
1991 which were adopted for the promotion and protection of Human Rights and
were endorsed by the United Nations at its General Assembly of 1993

NHRC History
 In 1948, the UN adopted the UDHR (Universal Declaration of Human Rights).
 In 1991, the Paris Principles were established by the National Human Rights
Institutions (NHRIs).
 In 1993, the UN adopted these Paris Principles at its General Assembly.
 In 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.

NHRC Composition – Members of NHRC

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

o Four full-time members.

o Four deemed members.

Composition of NHRC
Chairman of NHRC Retired Chief Justice of India

Member 1 One who is/has been a Judge of 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 Deemed members are chairpersons of the below national

(Ex-officio Members) 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

Appointment of NHRC Members

 A Selection Committee will recommend the candidates to the President.
 The Selection Committee includes:

o Prime Minister (Chairman)

o Speaker of Lok Sabha
o Union Home Minister
o Deputy Chairman of Rajya Sabha
o Leaders of the Opposition in both Houses of the Parliament

Functions & Powers of NHRC

The functions of the National Human Rights Commission (NHRC) as stated in

Section 12 of the Protection of Human Rights Act,1993 includes enquiry into
complaints of violation of human rights or negligence in the prevention of
such violation by a public servant. The Commission also studies treaties and
international instruments on human rights and makes recommendations for
their effective implementation to the Government.

 NHRC can investigate any complaints related to violations of Human Rights in

India either suo-moto or after receiving a petition.
 NHRC can interfere in any judicial process that involves any allegation of
violation of Human Rights.
 It can visit any prison/institute under the control of the state governments to
observe the living conditions of inmates. It can further make recommendations
based on its observations to the authorities.
 NHRC can review the provisions of the Constitution that safeguard Human Rights
and can suggest necessary restorative measures.
 Research in the field of Human Rights is also promoted by the NHRC.
 Human Rights awareness and literacy through different media are promoted by
NHRC in various sectors of society.
 NHRC has the power to recommend suitable steps that can prevent violation of
Human Rights in India to both Central as well as State Governments.
 The President of India gets an annual report from NHRC which is laid before both
the Houses of the Parliament.

Limitations of NHRC
They are mentioned below:

 The Recommendations made by the NHRC are not binding.

 Violation of Human rights by private parties cannot be considered under NHRC
Jurisdiction.
 NHRC doesn’t have the power to penalise the authorities that don’t implement its
recommended orders.
 3 of the NHRC members are judges which give the functioning of the Commission
a judicial touch.
 The other members that are recommended by the Selection Committee may not
necessarily be Human Rights experts.
 The NHRC does not consider the following cases:

o Cases that are older than one year.

o Cases that are anonymous, pseudonymous or vague.
o Frivolous cases.
o Cases pertaining to service matters.
 The NHRC has limited jurisdiction over cases related to armed forces.
 The NHRC faces other issues like excess cases/complaints, insufficient funds,
bureaucratic functioning style, etc.
Major Issues related to NHRC
India faces Human Rights violations on a large scale due to various reasons.
The National Human Rights Commission (NHRC) takes up most of the issues
around the country. Some of them are mentioned below:

 Arbitrary arrest and detention

 Custodial torture
 Child labour
 Violence and discrimination against women and children
 Extrajudicial killings
 Excessive powers
 Sexual violence and abuse
 LGBTQ community rights
 SC/ST, disabled people and other religious minority issues
 Labour rights and right to work
 Conflict induced internal displacement
 Manual scavenging

Term & Removal of Chairperson of NHRC

The Chairperson or the Members of the National Human Rights Commission
holds office for a term of three years or until they attain the age of 70 years,
whichever is earlier.

Earlier the tenure of office was 5 years or 70 years whichever is earlier but
the Protection of Human Rights (Amendment) Bill 2019 brought in certain
changes.

The Protection of Human Rights (Amendment) Act,

2019
The differences between the Protection of Human Rights Act 1993 and the
Protection of Human Rights Amendment Bill 2019 with respect to NHRC is
given below-

National Human Rights Commission (NHRC) – Key Differences

Protection of Human Rights Protection of Human Rights

Act 1993 Amendment Bill 2019

Chairperson The commission shall consist of a Chief justice of the Supreme court or
chairperson who has been a Chief the Judge of the Supreme Court shall
Justice of the Supreme Court be the chairperson of NHRC

Other NHRC must consist of two The bill amends this to allow three
Members members to be appointed from members to be appointed of which at
among the persons having least one will be a Woman
knowledge of, or practical
experience in the matters relating
to Human Rights

Ex-Officio The Chairpersons for National The Bill provides for including the
Members Commission for Minorities, chairpersons of the National
National Commission for Commission for Backward Classes,
Scheduled Castes and scheduled National Commission for the protection
Tribes and National Commission of Child Rights and the Chief
for Women shall deemed to be Commissioners for Persons with
Member of the Commission Disabilities as the members of NHRC

Term The Act states that the The bill reduces the term of Office to 3
Chairperson and Member of NHRC years or till the age of 70 years
will hold office for 5 years or till whichever is earlier.
the age of 70 years, whichever is
earlier

Reappointme The act allows for the The bill removes the five year limit of
nt reappointment of the member of reappointment
NHRC for the term of five years
Powers of The act provides for a Secretary- The Bill amend this and allowed the
Secretary- General who shall be the Chief Secretary-General to exercise all the
General Executive Officer of the administrative and Financial powers
Commission and shall exercise (except Judicial functions) subject to
powers as may be delegated to Chairperson’s control
them

The Protection of Human Rights (Amendment) Bill, 2019 has been passed in
both Lok Sabha and Rajya Sabha in 2019.