National Human Rights Commission (NHRC) of India

1. Introduction

• The National Human Rights Commission (NHRC) is
  an independent statutory body established in 1993 under
  the Protection of Human Rights Act, 1993.
• Mandate: Protecting and promoting human rights in
  India, including rights to life, liberty, equality, and dignity.
• Functions as a watchdog, ensuring
  constitutional and international human rights standards are upheld.

2. Objectives

• Strengthen institutional frameworks for addressing
  human rights violations.
• Investigate allegations of excesses or negligence by
  public authorities.
• Promote human rights awareness, reform, and
  preventive measures.
• Complement existing efforts to safeguard rights of
  marginalized groups.

3. Composition

Full-time Members:

Chairperson: Retired Chief Justice of
India or Supreme Court judge.
Members:
Sitting/retired Supreme Court judge.
Sitting/retired Chief Justice of High Court.
Three individuals with knowledge/practical
experience in human rights (at least one woman).

Ex-officio Members (7): Chairpersons of
national commissions for:

• Minorities
• SCs
• STs
• Women
• Backward Classes
• Child Rights
• Disabilities

4. Appointment

• Appointed by: President of India on
  recommendation of a six-member committee:
• Prime Minister (Chair)
• Speaker of Lok Sabha
• Deputy Chairman of Rajya Sabha
• Leaders of Opposition in both Houses
• Union Home Minister
• Consultation with Chief Justice of India required
  for judicial members.

5. Tenure and
Service Conditions

• Term: 3 years or until age 70,
  whichever is earlier.
• Eligible for reappointment.
• Cannot seek government employment after term ends.
• Salaries and allowances fixed by government; cannot
  be reduced post-appointment.

6. Removal

• By President on grounds such as:
• Insolvency
• Engaging in paid employment outside duties
• Physical/mental incapacity
• Conviction for a crime
• Misbehaviour (inquiry by Supreme Court required)

7. Powers and
Functions

Functions:

1. Inquire into human rights violations or negligence
   by public servants (suo motu, petition, or court reference).
2. Intervene in court proceedings involving human
   rights violations.
3. Visit prisons/detention centres and recommend
   improvements.
4. Review legal and constitutional safeguards for human
   rights.
5. Analyze factors like terrorism impeding rights and
   recommend measures.
6. Study treaties/international instruments and suggest
   implementation strategies.
7. Promote human rights literacy and awareness.
8. Support NGOs in human rights activities.
9. Any other function necessary to promote human
   rights.

Powers:

• Regulate own procedures; possess powers of a civil
  court.
• Call for reports/information from Central/State
  governments and authorities.
• Recommend compensation, legal action, or
  interim relief.
• Approach Supreme Court or High Courts for
  directions/orders.
• Cannot inquire after 1 year of the
  violation.

NHRC & Armed Forces:

• Can request reports from the central government.
• Recommendations must be acted upon within 3
  months.
• Reports and government actions are published and
  shared with petitioner.

8. Performance

• Addressed issues like:
• Abolition of bonded and child labour
• Rights of disabled and HIV-affected persons
• Custodial deaths, torture, and rape
• Promotes awareness and ensures compliance with human
  rights standards.

9. Challenges

1. Delayed appointments affecting effectiveness.
2. Non-binding recommendations → cannot enforce
   compliance.
3. Limited investigative authority; relies on
   state/central agencies.
4. Cannot punish violators directly.
5. One-year time limit excludes historical cases.
6. Resource constraints → limited staff and
   budget.
7. Perceived lack of independence; political influence
   concerns.
8. Reactive approach rather than preventive measures.
9. GANHRI accreditation deferred due to
   transparency and diversity issues.

10. Way Forward

• Grant enforcement powers to NHRC to improve
  accountability.
• Expand investigative authority, including armed
  forces and non-state actors.
• Time-bound investigations for swift justice.
• Increase financial autonomy via independent
  budget.
• Diversify composition: include civil society and
  human rights experts.
• Capacity building: training for members and staff.
• Institutional accountability: regular monitoring and
  evaluation of performance.