National Human Rights Commission was established under Protection of Human Rights Act,1993 to promote and protect the human rights provided under the constitution of India and various international conventions and UN.
2. INTRODUCTION
National Human Rights Commission is a Statutory Public Body constituted on
October 12, 1993 under the Protection of Human Rights Ordinance of September
28, 1993.
Given a statutory basis by the Protection of Human Rights Act, 1993.
Constituted under Section 3 of the Protection of Human Rights Act, 1993.
Responsible for the protection and promotion of human rights.
Section 2(d) of the act defines human rights as- “ rights relating to life, liberty,
equality and dignity of the individual guaranteed by the Constitution of India or
embodied in the International Covenants and enforceable by courts in India. “
3. CONSTITUTION OF NHRC (Section-3)
The Central Government constitute a body known as NHRC to exercise the powers conferred upon
and functions assigned to it under the act.
The commission consist of the following members-
Commission
Chairperson
who has been a
Chief Justice of
Supreme Court
One member
who is of has
been a Judge of
Supreme Court
One member
who is or has
been a Judge of
High Court
Two members to
be appointed
having knowledge
or experience in
the field of human
rights
Secretary
General who
shall be the
Chief Executive
Officer
4. APPOINTMENT OF CHAIRPERSON AND
MEMBERS (Section-4)
The chairperson and the members shall be appointed by the President.
The President shall appoint the chairperson and the members after obtaining the
recommendation of the committee.
The committee shall consist of the following members-
Committee
Chairperson
Prime
Minister
Members
Speaker
of the
house
of
people
Minister-in-
charge of
Ministry of
Home affairs
Leader of
opposition in
House of
People
Leader of
opposition
in council
of states
Deputy Chairman
of Council of
States
5. RESIGNATION AND REMOVAL OF
CHAIRPERSON AND MEMBERS
Section 5 of the act talks about the resignation and removal of chairperson and members.
The chairperson or any member by notice in writing to the President can resign his office.
The president by order may remove the chairperson or any member on the following
grounds-
Is adjudged an insolvent
Unfit to continue in office by reason of infirmity of mind or body
Is of unsound mind
Is convicted and sentenced to imprisonment for an offence which in the opinion of the President
involves moral turpitude.
6. TERM OF OFFICE OF CHAIRPERSON
AND MEMBERS
A person appointed as chairperson shall hold office for a term of five years from the date
on which he enters upon his office or until he attains the age of seventy years whichever is
earlier.
A person appointed as member shall hold office for a term of five years from the date on
which he enters upon his office.
A person appointed as member shall be eligible for re-appointment for another term of five
years provided that no member shall hold office after he has attained the age of seventy
years.
7. FUNCTIONS OF COMMISSION
Section 12 of Protection of Human Rights Act, 1993 specifies the function to exercised by the
commission-
Inquire on a petition presented to it by victim or any person into complaint of –
Violation of human rights
Negligence in the prevention of such violation by a public servant
Intervene in proceeding involving allegation of violation of human rights
Visit jail or other institution where persons are detained or lodged for purposes or treatment,
reformation or protection for study of living conditions of the inmates
Review safeguards for protection of human rights
Study treaties and other international instruments to make recommendations for effective
implementation
Promote research in field of human rights
Spread human right literacy and promote awareness about the safeguards
Encourage efforts of NGOs and institutions working in the field of human rights.
8. POWERS OF COMMSSION
The commission shall have all the powers of civil court under Code of Civil Procedure,1908.
Summoning and enforcing the attendance of witnesses and examining them on oath.
Discovery and production of any document
Receiving evidence on affidavits
Requisitioning and public record or copy thereof from any court or office
Issuing commissions for examination of witnesses or documents
Enter any building or place where any document relating to subject matter of the inquiry may be
found and seize the document.
The commission shall be deemed to be a civil court when any offence under section 175, 178,
180 or 228 of Indian Penal Code in committed in presence of the commission.
Have power to require any person to furnish information which may be useful or relevant to the
subject matter of inquiry.
If the commission considers it necessary, it may by order transfer any complaint filed or pending
before it to the State Commission of the State from where such complaint arises for disposal in
accordance with the provisions of the Act.