National Human Rights Commission

The National Human Rights Commission (NHRC) is a statutory body, not a constitutional one. It was created by an Act of Parliament — the Protection of Human Rights Act, 1993 — and came into force retrospectively from September 28, 1993 (the date of the original Presidential Ordinance). The Act was subsequently amended in 2006.

The NHRC functions as the country's primary institutional watchdog for human rights, defined as the rights to life, liberty, equality, and dignity guaranteed under the Constitution or embodied in international covenants enforceable by Indian courts. The relevant international covenants are the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both adopted by the UN General Assembly on December 16, 1966. India acceded to these on April 10, 1979.

Objectives of Its Establishment

• To create a more focused institutional mechanism for addressing human rights issues comprehensively.
• To independently examine allegations of excesses against the state, thereby reinforcing the government's stated commitment to rights protection.
• To supplement and reinforce existing measures in the human rights domain.

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The NHRC is a multi-member body comprising:

• A Chairperson: must be a retired Chief Justice of India.
• Four members: must include serving or retired Supreme Court judges, a serving or retired Chief Justice of a High Court, and two persons with expertise or practical experience in human rights.

Ex-Officio Members

Four additional ex-officio members sit on the commission:

1. Chairperson, National Commission for Minorities
2. Chairperson, National Commission for Scheduled Castes
3. Chairperson, National Commission for Scheduled Tribes
4. Chairperson, National Commission for Women

Exam Note: The 2006 Amendment clarified that Chairpersons of the National Commission for SCs and STs are deemed members of the NHRC — explicitly recognizing this statutory linkage.

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The Chairperson and members are appointed by the President on the recommendation of a six-member committee consisting of:

1. Prime Minister (Head of the committee)
2. Speaker of the Lok Sabha
3. Deputy Chairman of the Rajya Sabha
4. Leader of the Opposition in the Lok Sabha
5. Leader of the Opposition in the Rajya Sabha
6. Union Home Minister

If a sitting Supreme Court judge or sitting High Court Chief Justice is to be appointed, prior consultation with the Chief Justice of India is mandatory.

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• The Chairperson and members hold office for five years or until they reach the age of 70 years, whichever comes earlier.
• After completing their tenure, they are ineligible for any further employment under the Central or any state government — a provision that insulates the body from political inducements.

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The President can remove the Chairperson or a member under the following grounds:

• Declared insolvent
• Engaging in paid employment outside official duties during tenure
• Physical or mental infirmity rendering them unfit for office
• Being of unsound mind as declared by a competent court
• Conviction and imprisonment for a criminal offence

For removal on grounds of proved misbehaviour or incapacity, the President must refer the matter to the Supreme Court for an inquiry. Removal can proceed only if the Supreme Court upholds the cause and advises accordingly.

The salaries and service conditions of the Chairperson and members are determined by the Central government but cannot be varied to their disadvantage after appointment — a key safeguard for independence.

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The NHRC's mandate is broad:

1. Inquiry into human rights violations or negligence in their prevention by public servants — suo motu, on petition, or on court order.
2. Intervention in pending court proceedings involving allegations of human rights violations.
3. Prison visits to inspect conditions of inmates in jails and detention facilities, and make recommendations. (Post-2006: NHRC can visit jails without prior intimation to state governments.)
4. Review of constitutional and statutory safeguards for human rights and recommendations for effective implementation.
5. Study of terrorism and other factors that inhibit enjoyment of rights and suggest remedies.
6. Review of international treaties on human rights and recommend measures for their implementation.
7. Research promotion in the field of human rights.
8. Human rights literacy and public awareness about available safeguards.
9. Encouraging NGOs working in the domain of human rights.
10. Any other function it deems necessary for promotion of human rights.

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• Headquarters: New Delhi (with authority to establish offices elsewhere).
• Powers equivalent to a civil court; proceedings carry a judicial character.
• Can call for information or reports from Central and state governments or any subordinate authority.
• Maintains its own investigating staff and can also requisition officers or agencies from Central or state governments.
• Has built effective cooperation with NGOs for ground-level human rights intelligence.

Time Limitation

The NHRC cannot inquire into any matter after one year from the date of the alleged violation. This is a significant procedural constraint. The A.M. Ahmadi Committee had recommended extending this limit where sufficient reason exists for the delay, but the statutory bar remains.

Steps Upon or During Inquiry

On completing or during an inquiry, the Commission may:

• Recommend compensation or damages to the victim from the concerned government.
• Recommend initiation of prosecution or other action against the guilty public servant.
• Recommend immediate interim relief to victims.
• Approach the Supreme Court or relevant High Court for necessary directions, orders, or writs.

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This is one of the most exam-critical aspects of the NHRC:

• Its powers are primarily recommendatory — it cannot punish violators or directly award relief.
• Its recommendations are not legally binding on the government or any authority.
• However, the concerned government/authority must inform the Commission of action taken within one month.
• For violations by armed forces, the Commission's role is even more circumscribed — it may only seek a report from the Central government and make recommendations, which the government must respond to within three months.

Exam Trap: 'Armed forces' under the Act means naval, military, and air forces and includes other armed forces of the Union. The Ahmadi Committee recommended restricting this definition to only the three service branches, excluding paramilitary forces — but this recommendation was not implemented.

Despite its advisory nature, the Commission wields significant moral and institutional authority. No government can afford to systematically disregard its recommendations without political consequences.

Reporting

The NHRC submits annual and special reports to both the Central government and the relevant state government. These are tabled before the respective legislature along with a memorandum of action taken and reasons for non-acceptance of any recommendation.

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The Commission has taken up a wide range of issues, including:

• Abolition of bonded and child labour
• Mental hospital conditions (Ranchi, Agra, Gwalior)
• Trafficking of women and children
• Rights of disabled persons and HIV/AIDS-affected persons
• Custodial deaths, rape, and torture
• Dalit atrocities and rights of denotified/nomadic tribes
• Disaster relief monitoring (1999 Orissa Cyclone, 2001 Gujarat Earthquake)
• Systemic police, prison, and detention centre reforms
• Human rights training for armed forces and police

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This amendment made several structural and procedural reforms:

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• NHRC is statutory, not constitutional — created by the Protection of Human Rights Act, 1993.
• Chairperson must be a retired CJI — not a sitting judge.
• Appointment is by the President on the recommendation of a six-member committee headed by the Prime Minister.
• Tenure: 5 years or 70 years of age, whichever is earlier.
• Post-tenure bar: no further government employment.
• Functions are recommendatory only — cannot punish or directly award relief.
• One-year limitation period for filing complaints.
• Armed forces violations: limited jurisdiction — only recommendations, government responds in 3 months.
• The 2006 Amendment is frequently tested — especially the jail visit provision (without intimation) and interim compensation power.