National Human Rights Commission (NHRC)

India's Primary Watchdog of Human Rights: Upholding Justice, Dignity, and Equality.

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Introduction

The National Human Rights Commission (NHRC) is a statutory body established under the Protection of Human Rights Act (PHRA), 1993. It serves as India's primary watchdog of human rights, responsible for promoting and protecting human rights as enshrined in the Constitution and international covenants. The NHRC's mandate includes inquiring into human rights violations, intervening in court proceedings, reviewing safeguards, promoting human rights literacy, and making recommendations to the government. Despite its broad functions and civil court powers, the NHRC often faces criticism for its recommendatory nature and limitations in enforcing its directives, leading to it sometimes being referred to as a "toothless tiger."

Core Aspects of NHRC

Establishment

  • Statutory Body: Created by an Act of Parliament.
  • Parent Act: Protection of Human Rights Act (PHRA), 1993.
  • Amendments: PHRA amended in 2006 and 2019 to strengthen and enhance efficiency.
  • Role: Watchdog promoting and protecting rights relating to life, liberty, equality, and dignity.

Composition (as per 2019 amendment)

  • Chairperson: Former CJI or Judge of the Supreme Court.
  • Members:
    • 1 SC Judge (retired/sitting)
    • 1 HC Chief Justice (retired/sitting)
    • 3 HR experts (at least 1 woman)
  • Ex-officio Members: Chairpersons of NCM, NCSC, NCST, NCBC, NCW, NCPCR, CCoPWD (without voting rights).

Term & Removal

  • Term: 3 years or until 70 years of age (whichever is earlier). Eligible for reappointment.
  • Removal: By President on grounds of proved misbehaviour/incapacity after SC inquiry.
  • Other Grounds (without SC inquiry): Insolvency, paid employment, infirmity of mind/body, unsound mind, conviction for moral turpitude.

Appointment Process

President of India

Appoints Chairperson and Members

On recommendation of a

Six-Member Committee

Prime Minister

(Head of Committee)

Speaker of Lok Sabha

Union Home Minister

Leader of Opposition

(Lok Sabha)

Leader of Opposition

(Rajya Sabha)

Deputy Chairman

(Rajya Sabha)

Consultation for Judicial Members

Sitting SC Judge or HC CJ appointed only after consultation with the Chief Justice of India (CJI).

Functions & Powers

  • Inquiry into Violations: Suo motu or on petition, into human rights violations or negligence by a public servant.
  • Intervention in Court Proceedings: With court approval, in matters involving human rights allegations.
  • Visit Jails/Detention Places: To study conditions and make recommendations.
  • Review Safeguards: Review constitutional/legal safeguards and recommend effective implementation.
  • Review Factors Inhibiting Rights: Including terrorism, and recommend remedial measures.
  • Study Treaties/International Instruments: And recommend for their effective implementation.
  • Promote Research: In the field of human rights.
  • Spread Human Rights Literacy: Through various media and initiatives.
  • Encourage NGO Efforts: Support organizations working in human rights.
  • Other Functions: Any other necessary functions for human rights promotion.
  • Civil Court Powers: For inquiry, NHRC has powers of a civil court (summoning, oath examination, document production, affidavits, commissions).
  • Recommendation Power: After inquiry, can recommend:
    • Prosecution or action against concerned person.
    • Payment of compensation/damages to victim.
    • Immediate interim relief to victim.
    • Sanction for prosecution of public servant.
  • Advisory Nature: Recommendations are NOT binding on the government. Government must inform action taken within one month.

Limitations & Challenges

Institutional Limitations

  • Mainly Recommendatory: Recommendations are not legally binding, leading to "toothless tiger" criticism.
  • No Power to Punish Directly: Cannot directly punish violators or award monetary relief.
  • Time Limit for Inquiry: Cannot inquire into matters after one year from the date of occurrence.
  • Limited Role with Armed Forces: Can only seek a report and make recommendations; no direct investigation.
  • Relies on Other Agencies: Does not have independent investigative powers akin to police.

Performance & Challenges

  • "Toothless Tiger" Criticism: Due to non-binding nature and lack of direct enforcement.
  • Resource Constraints: Limitations in human resources, infrastructure, and financial allocation.
  • Non-Compliance with Recommendations: Instances where governments do not fully comply.
  • Pendency of Cases: High backlog of complaints due to limited staff.
  • Political Interference: Concerns about appointment process impacting impartiality.
  • Lack of Public Awareness: Many citizens are unaware of its role or how to approach it.

Evolution & Contemporary Relevance

Protection of Human Rights Act (PHRA) Amendments Timeline

1993: Establishment of NHRC

The Protection of Human Rights Act (PHRA) is enacted by Parliament, leading to the establishment of the National Human Rights Commission (NHRC) as a statutory body.

2006: Initial Amendments to PHRA

Amendments introduced to strengthen the NHRC, including changes to the eligibility criteria for the Chairperson (retired CJI or SC Judge) and other members, and streamlining certain procedures.

2019: Major Amendments for Broader Scope

Significant changes to PHRA, broadening the eligibility for Chairperson (retired CJI or SC Judge), increasing human rights expert members (at least one woman), adding more ex-officio members, and reducing the tenure from 5 to 3 years.

Contemporary Relevance & Impact

  • Promoting Human Rights Culture: Contributes significantly to fostering a rights-respecting environment across the nation.
  • Grievance Redressal: Provides a crucial, accessible forum for citizens seeking justice for human rights violations.
  • Accountability: NHRC's reports and recommendations, though advisory, bring public and parliamentary scrutiny to state actions.
  • Monitoring Vulnerable Groups: Through ex-officio members and dedicated work, ensures focus on women, children, SC/ST, minorities, and PwDs.
  • Custodial Deaths/Violence: Regularly takes suo motu cognizance, recommends compensation and disciplinary action.
  • Migrant Workers/COVID-19: Actively intervened during the pandemic, issuing advisories for vulnerable groups.
  • Prisons Reforms: Conducts visits and provides recommendations for improving prison conditions and prisoner rights.
  • Digital Human Rights: Increasingly addressing issues like online privacy, freedom of speech, and AI impact.
  • Human Rights Education: Continues emphasis on literacy programs, especially following UDHR's 75th anniversary.

UPSC Insights

NHRC at a Glance (PHRA, 1993)

Aspect Key Provision/Details
Establishment Statutory body (Protection of Human Rights Act, 1993)
Composition Chairperson (CJI/SC Judge), 1 SC Judge, 1 HC CJ, 3 HR experts (incl. 1 woman); Ex-officio Chairpersons of 7 other Commissions.
Appointment By President, on recommendation of 6-member committee (PM, LS Speaker, RS Dy. Chairman, LoP LS & RS, Union HM).
Term 3 years or 70 years
Removal By President (after SC inquiry for misbehaviour; or directly for insolvency, infirmity etc.).
Key Functions Inquire into HR violations (suo motu/petition); visit jails; review safeguards; study treaties; promote HR literacy.
Powers Civil court powers for inquiry; can recommend compensation/prosecution.
Nature of Recommendations Advisory, not binding (govt. must report action within 1 month).
Limitations Recommendatory only; no direct punitive power/monetary award; 1-year time limit for inquiry; limited role for armed forces.

Mains Previous Year Questions (PYQs)

Direction/Value Points:

  • Introduction: Define NHRC as a statutory body under PHRA, 1993, and its mandate.
  • Role in Protecting Human Rights: Inquiry & Investigation (suo motu/petition), Prison Visits, Review Safeguards, Human Rights Literacy, Intervention in court, Study International Instruments.
  • Challenges in Fulfilling Mandate: "Toothless Tiger" (advisory nature), No Direct Enforcement/Punishment, One-Year Time Limit, Limited Role with Armed Forces, Resource Constraints, Political Interference/Autonomy, Pendency of Cases, Non-compliance with recommendations.
  • Conclusion: NHRC plays a vital role as a human rights watchdog, but its effectiveness is constrained by inherent limitations. Strengthening its powers and resources is crucial.

Direction/Value Points:

  • Introduction: Acknowledge PHRA/NHRC as important steps.
  • Reasons for Persistence: NHRC's Limitations (reiterate "toothless tiger" critique), Systemic Issues (Law Enforcement Accountability, Judicial Delays, Impunity), Socio-economic Inequalities, Terrorism/Insurgency impacts, Lack of Awareness, Resource Constraints for HR institutions, Lack of Political Will.
  • Measures to Strengthen Protection: Empower NHRC (binding powers, direct investigation, extended time limit, greater autonomy), Police Reforms, Judicial Reforms, Strengthening SHRCs, Awareness Campaigns, Effective Implementation of Laws, Ratification of International Conventions.
  • Conclusion: While institutional framework exists, effective HR protection requires addressing systemic issues, empowering institutions, and fostering a rights-respecting culture.

Direction/Value Points:

  • Introduction: Define NHRC and PHRA, their purpose.
  • Role of NHRC: Detail its functions (inquire, visit jails, review safeguards, promote literacy, etc.). Highlight civil court powers.
  • Success of PHRA (Achievements): Institutional Framework (NHRC/SHRCs), Awareness generation, Grievance Redressal platform, Accountability (scrutiny), International Alignment, Continuous Monitoring (custodial deaths, prisons).
  • Limitations/Challenges (Critically Examine Success): Refer to "Toothless Tiger" criticism, advisory nature, limited powers, resource constraints, non-compliance. These limit the full achievement of objectives.
  • Conclusion: While PHRA laid a crucial foundation and NHRC has achieved significant successes, its full objectives of complete HR protection and enforcement are yet to be realized due to inherent statutory limitations and implementation gaps.