Role of the National Human Rights Commission (NHRC) in Protecting Human Rights in India

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Introduction

In a diverse and multifaceted country like India, where the spectrum of human rights issues ranges from gender equality to freedom of expression, the National Human Rights Commission (NHRC) stands as a crucial guardian of individual liberties and justice. Established by the Protection of Human Rights Act, 1993, the NHRC was created to address human rights violations and to ensure that the rights enshrined in the Indian Constitution and international treaties are upheld. The main aim of the Protection of Human Rights Act of 1993, was ‘to provide for the constitution of National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto’. The NHRC works as an independent body and has performed the tasks of investigating complaints, supervising governmental actions, promoting legislative changes, as well as to enlighten the public. It is not only a supervisory body but it also provides recommendations for improvement as well as meditates the communication between the individuals and the state. Nevertheless, like many human rights organizations, the NHRC has its challenges including a lack of strong enforcement records and inadequate resources. In this article, we will explore the role of the National Human Rights Commission (NHRC) in Protecting Human Rights in India by determining their main functions, achievements, and challenges faced by them in their quest to uphold human rights in India.

National Human Rights Commission (NHRC)

NHRC is an independent statutory established under the Protection of Human Rights Act of 1993 to benefit the citizens by protecting and promoting the Human Rights of India. The primary motto of NHRC is ‘sarve bhavantu sukhinaḥ’. Let us discuss the members of the NHRC and who can appoint them.

Composition of NHRC

Section 3 of the Protection of Human Rights Act, 1993, deals with the ‘Constitution of National Human Rights Commission’. Section 3(1) states that “The Central Government shall constitute a body to be known as the National Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.” As per Section 3(2) of the Act, The Commission should consist of:

• A Chairperson who has been a Chief Justice of India or a Judge of the Supreme Court,
• One Member who is or has been a Judge of the Supreme Court,
• One Member who is or has been the Chief Justice of a High Court, and
• Three Members, out of which at least one should be a woman, to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.

Moreover, the Chairperson of the National Commission for Backward Classes, the National Commission for Minorities, the National Commission for Protection of Child Rights, the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes, the National Commission for Women and the Chief Commissioner for Persons with Disabilities should be deemed to be Members of the Commission for the discharge of some specified functions mentioned under Section 12 of the Protection of Human Rights Act, 1993. 

Appointment

Section 4 of the Act deals with ‘Appointment of Chairperson and other Members’. It states that “The Chairperson and the Members shall be appointed by the President by warrant under his hand and seal,” It also illustrates that every appointment under this Section should be made after obtaining the recommendations of the Committee consisting of-

• The Prime Minister -Chairperson
• Speaker of the House of the People -Member
• Minister-in-charge of the Ministry of Home Affairs in the Government of India -Member
• Leader of the Opposition in the House of the People -Member
• Leader of the Opposition in the Council of States -Member
• Deputy Chairman of the Council of States -Member

“Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India.”

Resignation and Removal of Chairperson and Members of NHRC

Resignation: The Chairperson or any Member can resign by submitting his/her resignation in writing to the President of India.

Removal: As per Section 5(2) of the Protection of Human Rights Act, the President of India can remove the Chairperson or any Member on the grounds of proven misbehavior or incapacity but before doing so, the President should refer the matter to the Supreme Court. After conducting a thorough inquiry into the matter, the President can remove the Chairperson or member based on the top court’s reply. Moreover, the Act also identifies certain grounds on which the President can remove the Chairperson and members. These grounds are mentioned as follows:

• If a person is adjudged an insolvent.
• If a person engages during his term of office in any paid employment outside the duties of his office.
• If a person is unfit to continue in office because of the infirmity of mind or body.
• If a person is of unsound mind and stands so declared by a competent court.
• If a person is convicted and sentenced to imprisonment for an offence that in the opinion of the President involves moral turpitude.

Term of Office

The term of office of Chairperson and Members of the NHRC is defined under Section 6 of the Protection of Human Rights Act, 1993. Section 6(1) states that a person appointed as Chairperson should hold office for a term of 3 years from the date on which he enters upon his office or until he attains the age of 70 years, whichever is earlier, and should be eligible for re-appointment. Section 6(2) states that a person appointed as Member should hold office for a term of 3 years from the date on which he enters upon his office and should be eligible for re-appointment, Provided that no Member should hold office after he has attained the age of 70 years. 

Functions of NHRC

The functions to be performed by the NHRC are listed under Section 12 of the Act. It states, “The Commission shall perform all or any of the following functions, namely:-

• inquire, suo motu or on a petition presented to it by a victim or any person on his behalf or on a direction or order of any court, into complaint of-
  • violation of human rights or abetment thereof; or
  • negligence in the prevention of such violation, by a public servant;
• intervene in any proceeding involving any allegation of violation of human rights pending before a Court with the approval of such Court;
• visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government;
• review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;
• review the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
• study treaties and other international instruments on human rights and make recommendations for their effective implementation;
• undertake and promote research in the field of human rights;
• spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars, and other available means;
• encourage the efforts of non-governmental organizations and institutions working in the field of human rights;
• such other functions as it may consider necessary for the promotion of human rights.”

The Commission also has all the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908, while inquiring into complaints under this Act, and in particular in respect of the following matters, namely:-

• “summoning and enforcing the attendance of witnesses and examining them on oath;
• discovery and production of any document;
• receiving evidence on affidavits;
• requisitioning any public record or copy thereof from any Court or office;
• issuing commissions for the examination of witnesses or documents;
• any other matter which may be prescribed.”

Significance of the National Human Rights Commission

The NHRC is crucial for several reasons, some of which are mentioned as follows:

• By investigating complaints and recommending actions, the NHRC holds public authorities accountable for their actions.
• It provides a platform for marginalized and vulnerable groups to voice their grievances and seek justice.
• The NHRC's recommendations can influence government policies, leading to reforms in areas such as police practices, women's rights, and child protection.

This Commission has made a significant stride in advancing human rights in India. The NHRC has intervened in several high-profile cases, such as the investigation of alleged fake encounters and custodial deaths. Its recommendations have led to judicial inquiries and improvements in police practices. Also, it has been instrumental in advocating for legislative reforms to address human rights concerns. For example, it played a role in the enactment of laws related to sexual harassment at the workplace and the rights of marginalized communities. Moreover, The NHRC has contributed to the education of law enforcement agencies and government officials on human rights issues, promoting better practices and accountability. Not only this but also during crises such as natural disasters and communal riots, the NHRC has acted swiftly to address human rights violations and ensure that victims receive adequate support and justice. Despite its achievements, the NHRC faced various challenges such as limited jurisdiction, resource constraints, public perception, and political and bureaucratic hurdles. 

Conclusion

The National Human Rights Commission remains a cornerstone of India's efforts to uphold human rights and ensure justice for victims of violations. Its role in investigating complaints, advocating for policy changes, and promoting human rights awareness is crucial to the democratic fabric of the country. However, to enhance its effectiveness, there is a need for continued support from both the government and the public. Strengthening the NHRC's resources, expanding its powers, and fostering greater collaboration with other human rights organizations will be essential steps toward realizing a more just and equitable society in India.