2. HISTORY OF NHRC
UN Commission on Human Rights formulated the Universal Declaration
of Human Rights on 10th December, 1948.
The international community recognized the growing importance of
strengthening national human rights institutions and arranged a meeting
of representatives of national institutions in Paris.
A detailed set of principles on the status of national institutions was
developed, these are commonly known as the Paris Principles which
became the foundation for the establishment and operation of national
human rights institutions.
The National Human Rights Commission (NHRC) was established on
October 12, 1993.
Its law is contained in the Protection of Human Rights Act, 1993 and is in
conformity with the Paris Principles.
3. FEATURES OF NHRC
NHRC was constituted under Section 3 of the 1993 Act for better protection
of human rights. The term ‘human rights’ is defined in Section 2(d) of the
1993 Act, which reads as follows:
“Human right” means the rights relating to life, liberty, equality and
dignity of the individual guaranteed by the Constitution or embodied in
the International Covenants and enforceable by courts in India.
The Commission takes an independent stand since it is autonomous i.e. it has
been created by an Act of Parliament.
NHRC has the powers of a civil court, has a very wide mandate, it also
monitors implementation of its various recommendations.
4. DIVISION OF NHRC
There are five divisions in NHRC as follows:
Training Division, spreading human rights literacy among sections of the
society
Law Division, handles registration and disposal of around one lakh cases each
year, registered on the complaints of human rights violation.
Administration Division, looks after the establishment, administrative and
related requirements of the Chairperson and Members of the NHRC.
Policy Research and Project Division, undertakes and promotes research on
human rights and organizes conferences, seminars and workshops on important
human rights issues.
Investigation Division, headed by an officer of the rank of Director General of
Police, assisted by one DIG and three Senior Superintendents of Police for Spot
Enquiries, Custodial deaths, fact finding cases.
5. Commission shall consist of:
A Chairperson
One Member who is or has been a Judge of the Supreme Court of India
One Member who is or has been the Chief Justice of a High Court
Two Members to be appointed from among persons having knowledge of or
practical experience in matters relating to human rights
In addition, the Chairpersons of four National Commissions of
1.Minorities
2.SC
3.ST
4.Women
serve as ex officio members.
COMPOSITION OF NHRC
7. APPOINTMENT AND REMOVAL OF MEMBERS
The Chairperson and the Members of the Commission are appointed by the
President of India on the recommendations of a Committee consisting of:
The Prime Minister
The Home Minister
The Leader of the Opposition in the Lok Sabha
The Leader of the Opposition in the Rajya Sabha
The Speaker of the Lok Sabha
The Deputy Chairman of the Rajya Sabha
8. APPOINTMENT AND REMOVAL OF MEMBERS
The chairman and members hold office for a term of five years or until they
attain the age of 70 years, whichever is earlier.
After their tenure, the chairman and members are not eligible for further
employment under the central or state government.
The president can remove the chairman or any member from the office under
certain circumstances.
RECOMMENDATION COMMITTEE
9. FUNCTIONS AND POWERS OF COMMISSION
The Commission performs the following functions namely:
a) Violation of human rights
b) Negligence in the prevention of such violation, by a public servant.
c) Intervene in any proceeding involving any allegation of violation of human
rights pending before a court with the approval of such court.
d) Visit under intimation to the State Government, any jail or any other
institution under the control of the State Government, where persons are
detained for purposes of treatment.
e) Review the safeguards provided by the Constitution or any law for the time
being in force for the protection of human rights and recommend measures for
their effective implementation.
10. FUNCTIONS AND POWERS OF COMMISSION
f) Review the factors, including acts of terrorism that inhibit the enjoyment of
human rights and recommend appropriate remedial measures.
g) Study treaties and other international instruments on human rights and make
recommendations for their effective implementation.
h) Undertake and promote research in the field of human rights.
i) 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.
j) Encourage the efforts of non-governmental organizations and institutions
working in the field of human rights.
11. MAJOR HUMAN RIGHTS ISSUES IN INDIA
Some of the issues which are taken up by NHRC are listed as follows:
Custodial Torture
Right to Work and Labour Rights
Extrajudicial Killings
Arbitrary Arrest and Detention
Excessive Powers of the Armed Forces and the Police
Sexual Violence
Conflict Induced Internal Displacement
Child Labour
Manual Scavenging
Violence and discrimination against Women, Children
Lesbian, Gay, Bisexual, Transgender Rights
12. NHRC has widely dealt with issues relating to application of human rights
and has established its reputation for independence and integrity.
There is increasing number of complaints addressed to the Commission
seeking redressal of grievances.
NHRC has pursued its mandate and priorities with determination and
considerable success.
Some of the famous interventions of NHRC include
1. Campaigns against discrimination of HIV patients.
2. It ordered all State Governments to report the cases of custodial deaths or
rapes within 24 hours of occurrence failing which it would be assumed that
there was an attempt to suppress the incident.
ROLE OF NHRC IN SAFEGUARDING HUMAN RIGHTS
13. 3. An important intervention of the Commission was related to Nithari Village
in Noida, UP, where children were sexually abused and murdered.
4. NHRC helped bring out in open a multi crore pension scam in Haryana.
5. It also looked up the case of sterilization tragedy of Chattisgarh.
In spite of many achievements, the NHRC has been marred with
controversies.
For instance, the Batla House encounter case in the recent past where the
Commission’s report giving clean chit to the Delhi Police came under fire
from various quarters. It was said that the Commission had failed to conduct
a proper inquiry as its officials never visited the site and filed a report on the
basis on the police version.
ROLE OF NHRC IN SAFEGUARDING HUMAN RIGHTS
14. LIMITATIONS OF THE COMMISSION
NHRC can only make recommendations without the power to enforce
decisions.
This lack of authority to ensure compliance can lead to outright rejection of
its decision too.
It is often viewed as a post-retirement destinations for judges, police officers
and bureaucrats with political clout.
Bureaucratic functioning, inadequacy of funds also hamper the working of
the commission.
Under the Protection of Human Rights Act, 1993, human rights commissions
cannot investigate an event if the complaint was made more than one year
after the incident, therefore, a large number of genuine grievances go
unaddressed.
15. IMPROVEMENTS
If human rights commissions are to truly protect rights in India, it needs a
revamp.
The efficacy of commissions will be greatly enhanced if their decisions are
made enforceable by the government.
If commissions are to play a meaningful role in society, they must include
civil society human rights activists as members.
Misuse of laws by the law enforcing agencies is often the root cause of
human right violations.
The weakness of laws should be removed and those laws should be amended
or repealed, if they run contrary to human rights.
16. CASES HANDLED BY NHRC
1. Gujarat Riots : During February-March 2002, three thousand people belonging to
minority Muslim community were killed and property was destroyed due to
communal violence. NHRC initiated an inquiry and directed the state government
to report the measures taken so far and also approached Supreme Court of India on
behalf of Gujarat riots.
2. Starvation Death In Orissa: NHRC investigated the reports of death of people
due to starvation in Koraput, Bolangie, Kalahandi districts of Orissa. It appointed a
team to report about the existing conditions and a special persons to look after the
relief and rehabilitation work. It also periodically reviewed the measures taken by
State Government to prevent deaths.
3. Death Due To Silicosis: People from Madhya Pradesh who worked as labourers in
quartz crushing factory in Gujarat died due to Silicosis/ Silicotuberculosis. Nearly
200 people died in the last 4 years after returning to their village as they were
exposed to silica dust. NHRC demanded a factual report from Madhya Pradesh
and Gujarat and also dispatched a team fro Investigation Division for a spot
enquiry.
