Provision: The National Human Rights Commission (NHRC) of India is a statutory body under the provisions of the Protection of Human Rights Act of 1993.

National Human Rights Commission (NHRC): Its Origin

• Mandate: The National Human Rights Commission (NHRC) is responsible for the protection and promotion of “rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants”.
• Set up: The National Human Rights Commission (NHRC) came into existence after India enacted the Protection of Human Rights Act in 1993.

National Human Rights Commission (NHRC): Its Structure

• Selection Committee: The President of India appoints members of the National Human Rights Commission (NHRC) based on a recommendation of the selection committee, which includes:
  • Prime Minister (Chairman)
  • Speaker of Lok Sabha
  • Union Home Minister
  • Deputy Chairman of Rajya Sabha
  • Leaders of the Opposition in both Houses of the Parliament
• Membership: It consists of a chairperson, five full-time Members, and seven deemed Members.
  • A person who has been the Chief Justice of India or a judge of the Supreme Court will be a chairman.
  • Two Members: One who is, or has been, a Judge of the Supreme Court of India and one member who is, or has been, the Chief Justice of a High Court.
  • Three Members: One shall be a woman from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
  • Chairpersons of the National Commission for SC/ST/Minorities/Backward Classes/Women/Protection of Child Rights and the Chief Commissioner for Persons with Disabilities serve as ex officio members.

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• Service and Removal: They serve for a term of three years or until they attain the age of 70 years, whichever is earlier.
  • The members can be removed by the President under specific circumstances:
    • If he/she is an insolvent;
    • If he/she engages in paid employment outside the duties of his office;
    • If he/she is unfit to continue in office by reason of infirmity of mind;
    • If he/she is convicted and sentenced to imprisonment.

National Human Rights Commission (NHRC): Its Functions

• Investigation: The National Human Rights Commission (NHRC) investigates complaints or failure of any public official regarding the rights violation, either suo motu or after receiving a petition.
• Prevention and Safeguard: The National Human Rights Commission is responsible for investigating the inmates’ living conditions in prisons and making recommendations thereon. 
• Research in Human Rights: The commission promotes research and encourages NGOs in the field of human rights. While making investigations, the commission enjoys the powers of a civil court. 
• Effective Implementation of Treaties: The National Human Rights Commission also studies treaties and other international instruments on human rights and makes recommendations for their effective implementation.
• Intervention: It can intervene in proceedings involving any allegation of violation of human rights pending before a court after getting the approval of such court.
• Visit Jails: The commission has to visit the jails and detention centers to study the living conditions of inmates and make recommendations.
• Factors Causing Terrorism: The National Human Rights Commission reviews factors that cause terrorism and suggests remedial measures.
• Encourage Efforts of NGOs: The National Human Rights Commission also encourages efforts of NGOs working in the field of human rights.

National Human Rights Commission (NHRC): Its Significance 

• Watchdog of Human Rights: The National Human Rights Commission (NHRC) acts as a watchdog of human rights in the country, thereby protecting civilian interests.
• Human Rights Implementation: It ensures implementation of rights related to life, dignity, liberty and equality of the individual that is defined in Section 2(1) of the PHR Act. 
• Material Authority: Even though National Human Rights Commission does not have powers to ensure implementation, its recommendations cannot be ignored by the government.

National Human Rights Commission (NHRC): Its Criticism

• Non-Binding: The recommendations of the National Human Rights Commission (NHRC) are not binding on the government.
• Powers of Implementation: The NHRC does not have the power to penalize the authorities that don’t implement its recommended orders.
• Excess Judicial in Nature: The commission is headed by judges and hence it functions like a judicial authority.
• Limited Scope of Investigation: The National Human Rights Commission does not investigate cases that are older than one year, which are anonymous, pseudonymous or vague, frivolous cases and those pertaining to service matters.
• Civilian Cases: The NHRC does not have any jurisdiction over cases related to armed forces. Their jurisdiction covers only civilian cases.

About the State Human Rights Commission (SHRC)

• Origin: The State Human Rights Commission (SHRC) was formed under the Protection of Human Rights Act of 1993. Based on the law, about 26 states have constituted the State Human Rights Commission.
• Mandate: The SHRC has the power to inquire into violation of human rights only in respect of subjects mentioned in the State List and the Concurrent List of the Seventh Schedule of the Constitution of India.
• Appointment: The SHRC members are appointed by the Governor of the state based on the recommendations of a committee headed by the Chief Minister.
• Removal: The chairperson and members of a State Human Rights Commission can only be removed by the President of India.
• Remuneration: The state government decides on the salaries, allowances, and other conditions of service of the chairperson or a member.
• Powers: The SHRC is vested with the power to regulate its own procedure. SHRC has all the powers of a civil court and its proceedings have a judicial character.
  • The SHRC can ask for information or report from the state government or any other subordinate authority.
  • It can only look into a matter within one year of its occurrence.
• Functions:
  • Recommend Compensation: The SHRC may recommend the state government or authority to make payment of compensation or damages to the victim.
  • Prosecution of Perpetrators: The SHRC can recommend the initiation of proceedings for prosecution or any other action against a state government employee.
  • Interim Relief: The SHRC can recommend the state government or relevant authority to grant interim relief to the victim.
  • Submission of Report: The commission submits its annual or special reports to the state government, which is then laid before the state legislature.

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