National Human Rights Commission

NHRC is a statutory body enacted by Parliament by The Protection of Human Rights Act 1993. Clause 2(d) of this act defined Human Rights by stating Human rights means right to relating individual liberty, equality and dignity of guaranteed by the Constitution or embodied in the International Covenants.

The philosophy of the institution is based on Paris Principles which has following pillars:

Autonomy from the government.
Independence guaranteed by the court.
Adequate resources to be provided to them
Adequate power in investigation.

Structure of NHRC:

The commission is a multi-member body consisting of a chairperson and five members.
The chairperson should be a retired chief justice of India, or a judge of the Supreme Court and members should be a serving or retired judge of the Supreme Court, a serving or retired chief justice of a high court and three persons (out of which at least one should be a woman) having knowledge or practical experience with respect to human rights.
In addition to these full-time members, the commission also has seven ex-officio members-the chairpersons of the National Commission for Minorities, the National Commission for SCs, the National Commission for STS, the National Commission for Women, the National Commission for BCS and the National Commission for Protection of Child Rights and the Chief Commissioner for Persons with Disabilities.
The chairperson and members are appointed by the President on the recommendations of a six-member committee consisting of the Prime minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, Leaders of the Opposition in both the Houses of Parliament and the Central home minister. Further, a sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation with the chief justice of India.
The chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier. They are eligible for re-appointment. After their tenure, the chairperson and members are not eligible for further employment under the Central or a state government.
The salaries, allowances and other conditions of service of the chairperson or a member are determined by the Central government. But they cannot be varied to his disadvantage after his appointment.

Removal of Chairperson and Member

The president can remove the chairperson or any member from the office under the following circumstances:

(a) If he is adjudged an insolvent; or

(b) If he engages, during his term of office, in any paid employment outside the duties of his office; or

(d) If he is of unsound mind and stand so declared by a competent court; or

(e) If he is convicted and sentenced to imprisonment for an offence.

In addition to these, the president can also remove the chairperson or any member on the ground of proved misbehaviour or incapacity. However, in these cases, the president has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the president can remove the chairperson or a member.

All the above provisions are aimed at securing autonomy, independence, and impartiality in the functioning of the Commission.

Function:

To inquire into violation of Human Rights abatement there of either on its own or Petition Submitted by an affected Party.
To intervene in any of proceeding before the Court with the permission of such a court.
To visit any Jail or any institutions where the person is detained.
To review safeguards guaranteed by Constitution or any of existing Law.
To study treaties and other international instruments.

Power of the Commission:

It has same Power as a Civil Court

Summoning and enforcing attendance
Discovery and Production of any document
Receiving evidence on affidavits
Requestioning any Public Record

Investigation

It may utilise service of any offices of Central and state government.

NHRC has 6 divisions:

Administration
Training
Law
Investigation
Policy Research Projects and Programme
Information and public relation

MADAD COUNTER - Important and Inevitable Part of Admin structure of NHRC, is complaint handling mechanism.

Success Stories:

NHRC vs State of Arunachal Pradesh: The Commission filed a writ Petition for the enforcement of Fundamental Rights of 65000 Chakma’s.
Indian Council of Legal and Advice & others: Commission took Cognizance of a letter from Union minister regarding starvation death in Odisha.
Punjab mass cremation order: Commission. filed petition before SC for serious allegation about large scale cremations of encountered Body.
Abolition of Bonded labour.
Laid Down Procedure that Police officer should enter Information about encounter in Register.
Vocal against Draconian laws

Failure Stories:

SC described affidavit filed by Commission in relation to fake encounter in North east as vague, court said, Commission relied on vague magisterial inquiry report which was poor.
Continued atrocities on SC/ST.
Failed to provide evidence in Kairana Migration case.
NHRC has not recommended anything while handling Muzaffarnagar riots.
Chhattisgarh Police gang rape case: NHRC has delayed response and didn’t take appropriate intervention like FIR, recommendation for Compensation.

It is termed as “India’s teasing illusion” by Soli Sorabjee due to its incapacity to render any relief.

Analysis of NHRC:

NHRC recommendation don’t Percolate to the ground level as NHRC doesn’t have power to penalise authorities.
The Act does not empower NHRC to act when HR violation through private parties take place.
The Act requires that 3/5 member must be former Judges but does not specify whether these judges have a proven record of HR activism.
It does not investigate an event if complaint was made after more than 1 year of the Incident.
Power relating to Human Rights violation by armed forces has been restricted.

Practical Limitation:

Non-Filling of Vacancies.
Depends on state for finance and administration work.
Conflict of Interest when investigate the offence of state officials.
Toothless Tiger - It is because NHRC investigates H.R violation case, sometimes in remote areas, with very limited resources. The evidence collected is put to forensic. judicial adjudication by its chairman. But- at the end, when NHRC arrives at finding, it can only Recommend remedial measures.

Suggestions

It needs to develop an independent Cadre of staff.
A culture of Human Rights ought to be promoted through education.
A M Ahmadi Committee: NHRC should be allowed to investigate matter after the expiry of one year.
Subcommittee on Accreditation of GANHRI (global alliance of NHRC) Suggested: NHRC should publicise vacancies, promote broad consultation.

JUSTICE UU Lalit: Democracy itself would be in peril if mechanism to support human right starves.