THAKUR RAMNARAYAN COLLEGE OF LAW

SUBJECT

POLITICAL SCIENCE II

TOPIC

NATIONAL HUMAN RIGHTS COMMISSION

NAME OF THE STUDENT

ANKITA V YADAV

ROLL NUMBER

B/31

CLASS/DIVISION

S.Y.B.L.S/ LLB

SUBMITTED TO

Mrs. URMILA MA’AM

 NATIONAL HUMAN RIGHTS
COMMISSIOIN

INTRODUCTION:-

• The National Human Rights Commission was recognized in 1993. It is an

independent statutory body as per the provisions of the Protection of
Human Rights Act of 1993 which was amended in 2006.
• The Human Rights are an indispensable part of society and Human
Rights in India are watched by NHRC.
• National Human Rights Commission acts as a watchdog of human rights
in the country.
• They look over the rights that are related to equality, life, liberty and
dignity, of the individual that is defined in Section 2(1) of the PHR Act.
• They are definite by the Constitution of India, embodied in the
international agreements and are enforceable by the courts of India as
well.
• It 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.
WHAT IT DOES?

• The National Human Rights Commission inquire about allegation of

human rights violations and prevention negligence, makes
recommendations on how to implement international safeguards and
promotes awareness of human rights.
• The National Human Rights Commission has all the powers of a civil
court under the Code of Civil Procedure, 1908 such as
summoning/questioning witnesses and requisitioning public records. It
has its own analytical team headed by a Director General of Police. It
cannot independently examine claims against the military and security
forces though.

ESTABLISHMENT OF NHRC:

• The National Human Rights Commission is a statutory body and not a

constitutional body.
• It was recognized in 1993 under a legislation enacted by the Parliament,
namely, the Protection of Human Rights Act, 1993.
• The commission is the regulator of human rights in the country, that is,
the rights relating to dignity, life, equality, liberty, of the individual
guaranteed by the Constitution or personified in the international
covenants and enforceable by courts in India.

• The specific objectives of the establishment of the commission are:

a) To fortify the institutional measures through which human rights

issues could be addressed in their entirety in a more focussed
manner;

b) To look into allegations of excesses, independently of the

government, in a manner that would underline the government's
commitment to protect human rights; and
 c) To complement and strengthen the efforts that have already been
made in this direction.

COMPOSITION OF COMMISSION:

It is composed of a chairman and seven other members. Out of the seven

members, three are ex-officio members. The Chairman and members of
National Human Rights Commission are appointed by the President of India on
the recommendation of a high-powered committee headed by Prime Minister.

Chairman of NHRC Retired Chief Justice of India

Member 1 One who is/has been a Judge of Supreme Court of India

Member 2 One who is/has been a Chief Justice of a High Court

Two Members Candidates with the knowledge or practical experience in the

matters of Human Rights

Deemed Members (Ex-officio Deemed members are chairpersons of the below national
Members) commissions:

1. National Commission for Minorities

2. National Commission for Scheduled Castes
3. National Commission for Scheduled Tribes
4. National Commission for Women
FUNCTION OF NHRC:

The functions of the Commission are:

(a) To inquire into any violation of human rights or negligence in the

prevention of such violation by a public servant, either suo motu or on a
petition presented to it or on an order of a court.

(b) To intervene in any proceeding involving allegation of violation of

human rights pending before a court.

(c) To visit jails and detention places to study the living conditions of
inmates and make recommendation thereon.

(d) To review the constitutional and other legal safeguards for the
protection of human rights and recommend measures for their effective
implementation.

(e) To review the factors including acts of terrorism that inhibit the
enjoyment of human rights and recommend remedial measures.

(f) To study treaties and other international instruments on human

rights and make recommendations for their effective implementation.

(g) To undertake and promote research in the field of human rights.

(h) To spread human rights literacy among the people and promote
awareness of the safeguards available for the protection of these rights.

(i) To encourage the efforts of non-governmental organisations (NGOS)

working in the field of human rights.

(J) To undertake such other functions as may consider necessary for the
promotion of human rights.
WORKING OF COMMISSION:

The commission's headquarters is at Delhi and it can also establish offices at

other places in India. It is vested with the power to regulate its own procedure.
It has all the powers of a civil court and its proceedings have a judicial
character. It may call for information or report from the Central and state
governments or any other authority subordinate thereto.

The commission has its own nucleus of investigating staff for investigation into
complaints of human rights violations. Besides, it is empowered to utilise the
ser vices of any officer or investigation agency of the Central government or
any state government for the purpose. It has also established effective
cooperation with the NGOs with first-hand information about human rights
violations.

The commission is not empowered to inquire into any matter after the expiry
of one year from the date on which the act con situating violation of human
rights is alleged to have been committed. In other words, it can look into a
matter within one year of its occurrence.
The commission may take any of the following steps during or upon the
completion of an inquiry:

(a) it may recommend to the concerned government or authority to

make payment of compensation or damages to the victim;

(b) it may recommend to the concerned government or authority the

initiation of proceedings for prosecution or any other action against the
guilty public servant;

(c) it may recommend to the concerned government or authority for the

grant of immediate interim relief to the victim;

(d) it may approach the Supreme Court or the high court concerned for the
necessary directions, orders or writs.
ROLE OF THE COMMISSION:

From the above, it is clear that the functions of the commission are mainly
recommendatory in nature. It has no power to punish the violators of human
rights, nor to award any relief including monetary relief to the victim. Notably,
its recommendations are not binding on the concerned government or
authority. But,it should be informed about the action taken on its
recommendations within one month. In this context, a former member of the
Commission observed: "The government cannot wash away the
recommendations made by the Commission. The commission's role may be
recommendatory, advisory, yet the Government considers the cases
forwarded by it. It is, therefore, improper to say that the commission is
powerless. It enjoys great mate rial authority and no government can ignore its
recommendation'.

Moreover, the commission has limited role, powers and jurisdiction with
respect to the violation of human rights by the members of the armed forces.
In this sphere, the commission may seek a report from the Central government
and make its recommendations. The Central government should inform the
Commission of the action taken on the recommendations within three months.

The commission submits its annual or special reports to the Central

government and to the state government concerned. These reports are laid
before the respective legislatures, along with a memorandum of action taken
on the recommendations of the commission and the reasons for non-
acceptance of any of such recommendations.
PERFOMACE OF THE COMMISSION:

The various human rights issues taken up by the Commission are as

follows:

1. Abolition of Bonded Labour

2. Functioning of the Mental Hospitals Ranchi, Agra and Gwalior at

Ranchi, Agra.

3. Functioning of the Government Protective Home (Women), Agra

4. Issues Concerning Right to Food 5. Review of the Child Marriage

Restraint Act, 1929

6. Protocols to the Convention on the Rights of the Child

7. Preventing Employment of Children by Government Servants:

Amendment of Service Rules

8. Abolition of Child Labour

9. Guidebook for the Media on Sexual Violence against Children 10.

Trafficking in Women and Children: Manual for the Judiciary for Gender
Sensitisation

11. Sensitisation Programme on Prevention of Sex Tourism and

Trafficking

12. Maternal Anemia and Human Rights

13. Rehabilitation of Destitute Women in Vrindavan

14. Combating Sexual Harassment of Women at the Work Place

15. Harassment of Women Passengers in Trains

 16. Abolition of Manual Scavenging

17. Dalits Issues including Atrocities Perpetrated on them

18. Problems Faced by Denotified and Nomadic Tribes

19. Rights of the Disabled Persons

20. Issues Related to Right to Health

21. Rights of Persons Affected by HIV/AIDS

22. Relief Work for the Victims of 1999 Orissa Cyclone

23. Monitoring of Relief Measures under taken after Gujarat Earthquake

(2001)

24. District Complaints Authority

25. Population Policy Development and

Human Rights

26. Review of Statutes, including Terrorist & Disruptive Activities Act,

and (Draft) Prevention of Terrorism Bill, 2000

27. Protection of Human Rights in Areas of Insurgency and Terrorism

28. Guidelines to Check Misuse of the Power of Arrest by the Police

29. Setting up of Human Rights Cells in the State / City Police

Headquarters 30. Steps to Check Custodial Deaths, Rape and Torture
REFERENCE:

https://youtu.be/v-nLEz9ST4Y

https://byjus.com/free-ias-prep/national-human-rights-
commission/

https://indiankanoon.org/search/?formInput=national%2
0human%20rights%20commission

https://www.drishtiias.com/important-institutions/drishti-
specials-important-institutions-national-
institutions/national-human-rights-commission-nhrc

https://www.iasabhiyan.com/national-human-rights-
commission/

Indian Polity M.Laxmikanth book