National Human Rights Commission

Published on 21 Jan 2025

National Human Rights Commission (NHRC)

The National Human Rights Commission is a statutory body established in 1993 as per the Protection of Human Rights Act, 1993 for the protection and promotion of human rights. The same legislation guides the formation of the State Human Rights Commission at the state level.

Powers and Functions of NHRC

• Action against human rights violation: NHRC has the power to inquire into any case of human rights violation, either suo motu or based on a petition. They can also intervene in any proceeding pending before court if the case involves violation of human rights.

• Example: NHRC took cognizance of the killing of 12 adivasis protesting in Kalinganagar in Odisha and called for a report from the state DGP.

• Review policies: NHRC looks into constitutional and legal safeguards related to human rights protection and makes recommendations to the same

• Human rights awareness: They work towards spreading human rights awareness among the public and encourage the works of NGO’s in human right protection.

• Example: Recently NHRC conducted an awareness campaign on the impact of heat stress on the physical and mental health of workers.

• Special powers: To conduct periodic visits to jails and detention places to study the living condition of inmates and make recommendations. 

• Monetary reliefs: They also have the powers to recommend monetary reliefs as compensation to victims.

• Example: NHRC recommended monetary relief of nearly 3 crores for 89 victims of the atrocities by joint Tamil Nadu and Karnataka Task force formed to apprehend Veerappan.

• Quasi-judicial powers: NHRC investigate human rights violations, summon witnesses, examine evidence, and recommend compensation or legal action.

• Promote research in HR: NHRC studies international human rights treaties and submits an annual report to Parliament.

Issues associated with the office of NHRC

• Under representation of human rights experts: The NHRC is composed mostly of bureaucrats and judicial members who have little experience in human rights activism.

• Example: The present NHRC (2024) is chaired by a former judge and the other two members (except the ex officio members) are ex bureaucrats.

• Lack of resources: The institution lacks sufficient human, infrastructural and financial resources which affect proper functioning. This results in delay in investigation which undermine public trust in the body.

• Example: Cases filed at NHRC dropped from 1 lakh in 2015 to 80000 in 2017.

• Recommendations not binding: There is no mandate upon the government to act as per the recommendations of the commission. Thus, sometimes advice gives no result.

• Example: Despite NHRC recommendation, no action was taken against police officials involved in the Thoothukudi firing incident.

• No independent investigating officers: Police officials are sent on deputation to work for NHRC which creates unnecessary dependence that hinder independent functioning.

• Time limit to look into cases: The commission can only look into cases which occurred within a span of one year.

• Limited jurisdiction in certain cases: The commission has limited powers to look into human rights issues within the army. They cannot look into matters in the private sector.

• Overlap in jurisdiction: SHRC and NHRC have concurrent jurisdictions to deal with any of the functions assigned under section 12 of the Protection of Human Rights Act (PHRA).

• Diversity Deficit in NHRC Staff and Leadership: Insufficient diversity in staff and leadership hampers a nuanced understanding of human rights issues.+

• Example: The percentage of women among NHRC staff is mere 24% in 2023.

• Political Meddling in NHRC Appointments: Political considerations sometimes override merit-based criteria during the selection and appointment of personnel.

• Lack of collaboration with Civil Society: Strengthening collaboration with external groups is vital for a more comprehensive approach to addressing human rights concerns.

• Lack of jurisdiction over paramilitary forces: All armed forces, including the BSF and Assam Rifles, are exempted from purview of NHRC.

These inefficiencies are getting more visible in recent years as the NHRC remained mute when human rights violations were going on in Kashmir with its own chairperson calling the institution a toothless tiger.

Way forward

• Diverse representation in members: Such a move can make the body more responsive towards human rights violations and speak against any form of state misuse of power.

• Independent staff: Need to increase their budget so that NHRC can have their own investigation staff. This can address the delay in solving cases.

• Periodic review of government action: The government in power must be held accountable for their actions taken based on the NHRC report.

• Look into the private sector: The body shall be empowered to look into human rights violations in the private sector to serve justice to all.

• A.M. Ahmadi Committee recommendations:

• Extending time period of enquiry: Commission should be empowered to inquire into any matter after the expiry of one year, if there is sufficient reason for not filing the complaint within the said period.

• Removing the exception to paramilitary forces: Armed forces under the act would mean only the navy, military and air force which are exempted from scrutiny.

It is high time that this statutory body must reform itself to make them relevant again. Some of these above-mentioned changes shall be made at the earliest to restore public trust over the institution.

Tags:
Polity

Keywords:
Non constitutional bodies National Human Rights commission Issues of NHRC

Syllabus:
General Studies Paper 2

Topics:
Indian Constitution