Introduction/Summary
The National Human Rights Commission (NHRC) is a statutory body established under the Protection of Human Rights Act (PHRA), 1993, primarily to protect and promote human rights in India. As an independent watchdog for human rights, the NHRC plays a crucial role in investigating alleged human rights violations, reviewing safeguards, promoting human rights literacy, and advising the government on policy matters. Its composition, powers (including that of a civil court), and functions are designed to ensure accountability and provide a platform for grievance redressal. Despite facing criticism regarding its non-binding recommendations and limited powers in certain areas, the NHRC remains a significant institution in upholding human dignity and freedom in India.
Core Mandate & Structure
9.2.1: Establishment
Statutory body under Protection of Human Rights Act (PHRA), 1993 (amended in 2006 and 2019).
- Established on October 12, 1993.
- Nature: Statutory body, created by an Act of Parliament (PHRA, 1993).
- Rationale: Conforms to 'Paris Principles' (1991) for independent HRIs.
9.2.2: Rationale
To protect and promote human rights, address violations. (Paris Principles compliant).
- Primary objective: Safeguard rights relating to "life, liberty, equality and dignity of the individual".
- Address Violations: Investigate complaints & recommend redressal.
- Paris Principles: Mandated to be independent, pluralistic, broad mandate, adequate powers.
9.2.4: Appointment
By President on recommendation of a six-member committee.
Composition of Committee:
- Prime Minister (Chairperson)
- Speaker of the Lok Sabha
- Deputy Chairman of the Rajya Sabha
- Leaders of Opposition (Lok Sabha & Rajya Sabha)
- Union Home Minister
9.2.5: Tenure & Service Conditions
Chairperson and members hold office for 3 years or until age of 70, whichever is earlier (as per 2019 amendment).
- Prior to 2019, term was 5 years or 70 years.
- Eligible for reappointment.
9.2.6: Removal
By President on grounds of proved misbehaviour/incapacity after SC inquiry; or other specified grounds.
- Similar to Supreme Court Judge.
- Grounds: Insolvency, paid employment, unfit, unsound mind, convicted for moral turpitude.
9.2.8: Working and Performance
Significant role in highlighting and addressing human rights issues:
- Custodial Deaths & Police Atrocities: Investigated numerous cases, recommended action & compensation.
- Rights of Vulnerable Sections: Advocated for women, children, minorities, disabled, manual scavengers, migrant workers.
- Reforms: Recommended prison, mental health, speedy trial reforms.
- Awareness: Contributed to spreading human rights literacy.
9.2.3: Composition (As per PHRA, 2019 amendment)
The PHRA has been amended in 2006 and 2019, modifying the composition.
Chairperson & Full-time Members:
-
Chairperson:
A person who has been a Chief Justice of India (CJI) or a Judge of the Supreme Court.
(Prior to 2019, only a retired CJI could be Chairperson). -
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.
-
Three members:
To be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
At least one shall be a woman.
Ex-Officio Members:
Chairpersons of the following National Commissions serve as ex-officio members of the NHRC:
- National Commission for Scheduled Castes (NCSC)
- National Commission for Scheduled Tribes (NCST)
- National Commission for Backward Classes (NCBC) (Added by 2019 Amendment)
- National Commission for Minorities
- National Commission for Protection of Child Rights (NCPCR) (Added by 2006 Amendment)
- Chief Commissioner for Persons with Disabilities (CCPD)
9.2.7: Functions and Powers
The NHRC has a broad mandate to investigate, monitor, and promote human rights.
Investigate & Inquire
The NHRC can initiate an inquiry on its own (suo motu) or based on a petition filed by an aggrieved person or on behalf of others, into:
- Violation of human rights or abetment thereof by a public servant.
- Negligence in the prevention of such violation by a public servant.
Intervene & Review Safeguards
- Intervene in any proceeding involving allegation of human rights violation pending before a court with the approval of such court.
- Visit jails and other places of detention under the control of the State Government, to study the living conditions of the inmates and make recommendations thereon.
- Review the safeguards provided by or under the Constitution or any law 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.
Research & Promote Awareness
- 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, seminars, and awareness campaigns.
- Encourage the efforts of non-governmental organisations and institutions working in the field of human rights.
Powers & Recommendations
Powers of a Civil Court:
Has powers of a civil court while inquiring into complaints, including summoning, discovery of documents, and receiving evidence.
Recommendations:
- Recommend to the concerned government or authority to initiate proceedings for prosecution or other action against the erring public servant.
- Recommend grant of compensation or interim relief to the victim.
- Recommend the payment of relief or rehabilitation measures to the victim.
Nature: These recommendations are advisory in nature and not binding on the concerned government or authority. The government is required to inform the Commission of the action taken within one month.
Key Limitations on Functions
- Time Limit: Cannot inquire into any matter after the expiry of one year from the date on which the act constituting violation is alleged to have been committed.
- Sub-judice Matters: Cannot inquire into any matter which is sub-judice before a State Human Rights Commission or any other court.
- Armed Forces: In cases of alleged human rights violations by members of the armed forces, the Commission's power is limited. It can only seek a report from the Central Government and make recommendations. It cannot itself investigate such complaints.
9.2.9: Limitations and Challenges
The NHRC faces several criticisms and hurdles in its effective functioning, leading to its "toothless tiger" perception.
"Toothless Tiger" Criticism
Often criticized as a "toothless tiger" or a "paper tiger" due to its lack of direct enforcement powers.
Non-binding Recommendations
The primary limitation is that its recommendations are advisory and not legally binding on governments or authorities.
Limited Powers w.r.t Armed Forces
The restriction on direct investigation of human rights violations by armed forces significantly curtails its effectiveness in sensitive areas.
Resource Constraints
Faces challenges regarding adequate financial and human resources, impacting its investigative capacity and outreach.
Pendency of Cases
High number of pending cases can lead to delays in redressal, undermining timely justice.
Compliance by Governments
Lack of adequate compliance by governments on its recommendations remains a key challenge.
9.2.10: PHRA Amendments (2006, 2019)
Key changes and their impact on the structure and functioning of NHRC and SHRCs.
| Feature | PHRA (Amendment) Act, 2006 | PHRA (Amendment) Act, 2019 |
|---|---|---|
| NHRC Composition (Chairperson) | No change to NHRC Chairperson eligibility (retired CJI only). | Enabled a person who has been a Judge of the Supreme Court (in addition to former CJI) to be the Chairperson of NHRC. |
| SHRC Composition (Chairperson) | Allowed a retired High Court Chief Justice to be a Chairperson of a State Human Rights Commission (SHRC). | Enabled a person who has been a Judge of a High Court (in addition to former HC CJ) to be the Chairperson of a State Human Rights Commission (SHRC). |
| NHRC Ex-Officio Members | Made Chairpersons of NCPCR and CCPD ex-officio members. | Added Chairperson of NCBC as ex-officio member. |
| NHRC/SHRC Other Members | No significant change in composition of other members. | Increased the number of members (having knowledge of human rights) from two to three, with at least one woman. |
| Tenure of Chairperson & Members | Reduced the tenure of Chairperson and members of NHRC/SHRC from 5 to 3 years (while retaining maximum age of 70). | Maintained the term of 3 years or 70 years (whichever earlier) for NHRC/SHRC. |
| Reappointment | No provision for reappointment. | Made Chairperson and members eligible for reappointment. |
Prelims-ready Notes
- Nature: Statutory body. Established under Protection of Human Rights Act (PHRA), 1993.
- Rationale: Protect & promote human rights, address violations. Paris Principles compliant.
- Composition (as per PHRA, 2019 Amdt):
- Chairperson: Retired CJI OR SC Judge.
- Members: One SC Judge (sitting/retired); One HC Chief Justice (sitting/retired); Three members (at least one woman) with HR knowledge/experience.
- Ex-officio Members: Chairpersons of NCSC, NCST, NCBC (2019 Amdt), NCM, NCPCR (2006 Amdt), CCPD.
- Appointment: By President on recommendation of 6-member committee (PM (head), Speaker LS, Dy. Chairman RS, LoP (LS & RS), Union Home Minister).
- Tenure: 3 years or 70 years (whichever earlier) (2019 Amdt). Eligible for reappointment.
- Removal: By President on grounds of proved misbehaviour/incapacity (after SC inquiry); or insolvent, paid employment, unfit, unsound mind, moral turpitude conviction.
- Functions & Powers: Inquire suo motu/on petition, intervene in court, visit jails, review safeguards/treaties, promote HR literacy, encourage NGOs. Powers of a Civil Court. Can recommend compensation, prosecution, interim relief. Recommendations are ADVISORY, NOT binding. Govt must report action within 1 month.
- Limitations: Cannot inquire after 1 year of occurrence. Matters sub-judice. Limited powers w.r.t armed forces (can only seek report from Central Govt, no direct investigation).
- Criticism: "Toothless tiger" (non-binding), limited armed forces powers, resource constraints.
Summary Table: National Human Rights Commission (NHRC)
| Feature | Description | Key Act/Amendments / Powers |
|---|---|---|
| Nature | Statutory body, under Protection of Human Rights Act (PHRA), 1993 | Compliant with Paris Principles |
| Composition | Chairperson (Retired CJI or SC Judge); 4 full-time members (SC Judge, HC CJ, 3 HR experts (1 woman)); Ex-officio members (6 NCMs) | PHRA (Amdt) 2019; NCBC added as Ex-officio |
| Appointment | By President on recommendation of 6-member committee (PM-led) | PM, Speaker, Dy. Chairman RS, LoP LS/RS, Home Min |
| Tenure | 3 years or 70 years (whichever earlier); Eligible for reappointment | PHRA (Amdt) 2019 (earlier 5 years) |
| Removal | By President (like SC Judge); or for insolvency, unsound mind etc. | - |
| Functions | Inquire suo motu/petition; visit jails; review safeguards/treaties; promote HR literacy; research. | PHRA, 1993 |
| Powers | Powers of a Civil Court; Can recommend compensation, prosecution. | Recommendations are ADVISORY, NOT binding |
| Limitations | 1-year time limit for inquiry; matters sub-judice; limited powers w.r.t. armed forces (can only seek report). | Criticized as "toothless tiger" |
Mains-ready Analytical Notes
- NHRC as a Watchdog for Human Rights: Plays a crucial role in safeguarding human rights, acting as an independent watchdog against violations by public servants. Its broad mandate allows investigation, review, promotion, and advising government. Significant step towards fulfilling India's international HR obligations (Paris Principles).
- Impact of PHRA Amendments (2006, 2019): Reflects ongoing effort to strengthen NHRC. 2019 Amendment expanded eligibility for Chairperson and increased HR experts (with woman member), broadening composition. However, reduced tenure (5 to 3 years) criticized for potentially undermining independence.
- Powers vs. Limitations: The "Toothless Tiger" Debate: Most significant criticism is non-binding recommendations and limited powers concerning armed forces. Lack of enforcement authority limits capacity for justice delivery and accountability, especially in sensitive cases. Restriction on investigating armed forces directly is a major constraint.
- Role in Promoting Human Rights Culture: Beyond investigative role, vital in promoting HR literacy and awareness, sensitizing public and state functionaries. Encourages NGOs, fostering broader human rights culture.
- Challenges in Functioning: Non-compliance with recommendations, resource constraints, delays (high pendency), public perception ("toothless tiger"), potential overlapping jurisdictions.
- NHRC's Contribution to Accountability: Instrumental in exposing custodial deaths, police atrocities, violations against vulnerable sections. Reports serve as valuable information source and pressure on government for corrective action, contributing to accountability.
- Contemporary Relevance: Continuous focus on custodial deaths and police brutality; active advocacy for migrant workers/vulnerable groups during crises; emerging role in cybercrime and digital surveillance implications; ensures India's compliance with international HR standards.
Current Affairs & Recent Developments
NHRC's Interventions in Specific Cases
Frequently takes suo motu cognizance or receives complaints regarding alleged human rights violations (e.g., custodial deaths, police excesses, farmer suicides, manual scavengers, protest issues). Inquiries and recommendations often feature in news.
Human Rights in Jails and Detention Centres
Continues focus on prison reforms and detention conditions. Visits to jails and recommendations for improving living conditions and reducing overcrowding are ongoing activities, highlighting its function of "visiting jails/detention places."
Recommendations on Police Reforms
Consistently advocated for police reforms to prevent human rights violations, including recommendations on proper training, accountability mechanisms, and adherence to due process during arrests and investigations.
Awareness Campaigns & Human Rights Literacy
Regularly organizes seminars, workshops, and awareness campaigns on various human rights themes (e.g., child labor, bonded labor, human trafficking, rights of elderly, mental health) to promote "HR literacy and awareness."
UPSC Previous Year Questions (PYQs)
Prelims MCQs
1. UPSC CSE 2023: Consider the following statements:
- The National Human Rights Commission (NHRC) is a statutory body.
- The Chairperson of the NHRC is a retired Chief Justice of India or a retired Judge of the Supreme Court.
- The NHRC has the power to inquire into matters after the expiry of one year from the date on which the act constituting human rights violation is alleged to have been committed.
Which of the statements given above are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (a)
Hint: Statement 1 is correct (under PHRA 1993). Statement 2 is correct (as per 2019 amendment). Statement 3 is incorrect (NHRC cannot inquire into matters after one year).
2. UPSC CSE 2022: With reference to the Election Commission of India, consider the following statements:
- The Chief Election Commissioner and other Election Commissioners have equal powers but receive unequal salaries.
- The Chief Election Commissioner can be removed from office in the same manner and on the same grounds as a Judge of the Supreme Court.
- The Governor of a State appoints the State Election Commissioner.
Which of the statements given above are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (b)
Hint: This question tests constitutional bodies. NHRC Chairman/members removal process is similar to SC Judge/CEC (Statement 2).
3. UPSC CSE 2017: Which of the following statements is/are correct regarding the National Commission for Scheduled Castes (NCSC)?
- It is a constitutional body.
- It monitors and investigates all matters relating to safeguards provided for SCs.
- It has the powers of a civil court.
Select the correct answer using the code given below:
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer: (d)
Hint: NHRC also has powers of a civil court, similar to NCSC.
Mains Questions
1. UPSC CSE 2021 (10 marks): "What are the Fundamental Duties provided in the Constitution of India? Examine the significance of these duties in a democratic society."
Direction: This question can be linked to NHRC's role. FDs like promoting harmony (Art 51A(e)) or protecting environment (Art 51A(g)) relate to human rights. NHRC investigates violations of HRs, which sometimes stem from a lack of adherence to FDs.
2. UPSC CSE 2018 (15 marks): "Constitutional morality is rooted in the Constitution itself and is founded on the essential principles of the constitutional structure. Explain the doctrine of 'constitutional morality' with the help of relevant court cases."
Direction: NHRC's work of upholding human rights (e.g., dignity, equality) can be seen as a practical manifestation of constitutional morality. Cases where NHRC intervenes against state excesses (custodial deaths, police atrocities) directly relate to protecting core constitutional values.
3. UPSC CSE 2015 (12.5 marks): "The process of decentralization in India has been a mixed bag, with successes in empowering local bodies but persistent challenges in ensuring their effective functioning."
Direction: While focusing on local bodies, you can argue that NHRC's investigations into human rights violations (e.g., related to displacement from development projects, issues of manual scavenging in urban areas) often involve local administrations. The NHRC's work aims to ensure that decentralization leads to rights-based governance at the grassroots.
Trend Analysis
Prelims Trends
- Statutory Status: Crucial to remember it's a statutory body (under PHRA, 1993), not constitutional.
- Composition (Post-2019 Amendment): Highly important to know the updated composition for Chairperson (CJI or SC Judge), number of HR members (3, at least 1 woman), and newly added ex-officio members (NCBC).
- Tenure (Post-2019 Amendment): Knowing the updated tenure (3 years or 70 years).
- Powers & Limitations: Frequently tested areas include 'Civil Court powers', non-binding recommendations, and the '1-year time limit' and 'limited powers w.r.t armed forces' limitations.
- Appointment Committee: Knowing the members of the high-powered appointment committee is important.
Mains Trends
- Role as Human Rights Watchdog: Analytical questions focus on NHRC's significance in promoting and protecting human rights.
- "Toothless Tiger" Criticism: A recurring theme, requiring critical discussion of its limitations (non-binding, limited powers over armed forces) vs. achievements.
- PHRA Amendments: Understanding how amendments (especially 2019) aimed to strengthen/reform the NHRC and their impact.
- Challenges to Effectiveness: Discussion on resource constraints, pendency, and compliance by governments.
- Contemporary Relevance: Linking NHRC's work to current human rights issues (e.g., custodial violence, rights of vulnerable groups, impact of technology on HRs).
- Comparison/Contrast: Often implicitly or explicitly compared with other commissions or judicial bodies.
Original MCQs for Prelims
1. Which of the following statements about the National Human Rights Commission (NHRC) is/are correct?
- The Chairperson of the NHRC must be a retired Chief Justice of India.
- At least one of the members of the NHRC must be a woman.
- The Chairperson of the National Commission for Backward Classes (NCBC) is an ex-officio member of the NHRC.
Select the correct answer using the code given below:
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer: (c)
Explanation:
- Statement 1 is incorrect. As per the 2019 amendment, the Chairperson can be a retired CJI OR a retired Judge of the Supreme Court.
- Statement 2 is correct. The 2019 amendment mandates that among the three members appointed for their knowledge/experience in HRs, at least one shall be a woman.
- Statement 3 is correct. The 2019 amendment added the Chairperson of NCBC as an ex-officio member of NHRC.
2. The National Human Rights Commission (NHRC) can inquire into human rights violations and make recommendations. However, its powers are limited in certain specific circumstances. Which of the following is one such limitation?
- (a) It cannot inquire into matters after the expiry of three years from the date of occurrence of the violation.
- (b) It cannot directly investigate human rights violations alleged to have been committed by members of the armed forces.
- (c) Its recommendations for compensation to victims are binding on the concerned government.
- (d) It cannot visit jails or other places of detention to study living conditions of inmates.
Answer: (b)
Explanation:
- Statement (a) is incorrect. The time limit for inquiry is one year, not three.
- Statement (b) is correct. This is a major limitation; NHRC can only seek a report from the Central Government in such cases, not investigate directly.
- Statement (c) is incorrect. NHRC's recommendations are advisory and not binding.
- Statement (d) is incorrect. Visiting jails and detention places is one of its explicit functions.
Original Descriptive Questions for Mains
1. "The National Human Rights Commission (NHRC) stands as an independent watchdog for human rights in India, yet its effectiveness is often debated given its 'toothless tiger' reputation." Critically analyze the mandate and powers of the NHRC, discussing the various limitations that constrain its ability to ensure accountability for human rights violations and suggesting measures to strengthen its role. (15 marks)
Key Points/Structure:
- Introduction: Introduce NHRC as a statutory body safeguarding human rights, acknowledging both its crucial role and criticisms regarding its effectiveness.
- Mandate and Powers: Broad mandate, investigation (suo motu/petition), civil court powers, recommendations (compensation, prosecution), oversight (jails, laws/treaties, NGOs).
- Limitations Constraining Effectiveness ("Toothless Tiger" Criticism): Non-binding recommendations, limited powers w.r.t. Armed Forces, one-year time limit, resource constraints, compliance issues, lack of definitive action.
- Measures to Strengthen Role: Make recommendations binding, expand powers over armed forces, enhance financial autonomy, increase awareness/accessibility, streamline processes, stronger follow-up mechanisms.
- Conclusion: Conclude that while NHRC has made significant contributions, addressing inherent limitations is crucial for it to become a truly effective guardian of human rights.
2. "The National Human Rights Commission (NHRC) plays a vital role in balancing individual human rights with broader societal interests and state security concerns in India." Analyze the key functions of the NHRC that reflect this balancing act, and discuss how its reports contribute to upholding human rights standards in the country. (10 marks)
Key Points/Structure:
- Introduction: Introduce NHRC's role as a human rights watchdog, acknowledging the delicate balance it maintains.
- Functions Reflecting Balancing Act: Investigation of violations (balancing individual liberty and collective security), review of safeguards (laws related to public order), visits to jails (humane treatment vs. necessity of detention), study of treaties (global standards vs. national frameworks), recommendations for policy (individual rights vs. law enforcement/public health).
- Contribution of Reports to Upholding HR Standards: Transparency & accountability, evidence-based policy, benchmarking, international image, advocacy for reforms.
- Conclusion: Conclude that NHRC, through its functions, navigates complex human rights terrain, balancing individual freedoms with societal imperatives, indispensable for strengthening HR standards and accountability.