National/State Human Rights Commission (NHRC): Composition, Qualification & Tenure

Introduction

The National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) are statutory bodies established in India to safeguard and promote human rights across the nation. 

The National Human Rights Commission (NHRC) of India was established on 12 October, 1993, these bodies are established under the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006. 

These commissions investigate complaints of human rights violations, conduct inquiries, recommend measures for the prevention of violations, and advocate for the protection of human rights. They play a crucial role in upholding the principles of justice, equality, and dignity for all individuals within their jurisdiction.

Other Aspects of NHRC/SHRC

• Paris Principles: It conforms with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, These principles are endorsed by the General Assembly of the United Nations.
• NHRC/SHRC Reports: NHRC/SHRC submits its annual or special reports to the Central/State government. These reports are laid before the respective legislatures, along with a memorandum of action taken on the recommendations of the commission and the reasons for non-acceptance of any of such recommendations.
• Definition of Human Rights: As per Section 2(1)(d) of the PHRA, Human Rights as 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.

Working of the NHRC/SHRC

• Power to regulate its own procedure.
• Powers of a civil court and its proceedings have a judicial character.
• Authority to Request Information: It may call for information or reports from the Central and state governments or any other authority subordinate.
• Own investigation staff.
  • Empowered to utilize the services of a Govt. Agency.
  • NHRC/SHRC should be informed about the action taken on its recommendations within one month.
  • Functions relating to human rights in the case of UT of Delhi are to be dealt with by National Human Rights Commission (NHRC).
  • The National Human Rights Commission (NHRC) has headquarters in New Delhi.
  • Central govt. may confer upon the SHRC, the functions relating to human rights in the UT, except the Jammu and Kashmir, and Ladakh. 

Actions Following Inquiry by the Commission

• Recommendation for compensation or damages to the victim, for prosecution or action against a guilty public servant, for immediate interim relief to the victim, and Seeking judicial intervention for necessary directions or orders.

State Human Rights Commission (SHRC) 

• SHRC can inquire into violations of human rights only in respect of State List (List-II) and Concurrent List (List-III). 
• However, suppose any such case is already being inquired into by the National Human Rights Commission or any other Statutory Commission. 
• In that case, the State Human Rights Commission does not inquire into that case.

Removal Procedure of chairperson or any member of NHRC/SHRC

• The President can remove the chairperson or any member from the office of NHRC/SHRC under the following circumstances:
• Is adjudged an insolvent or;
• Engages during his term of office in any paid employment outside the duties of his office; or
• In the opinion of the president, it is unfit to continue in office by reason of infirmity of mind or body.
• If he is of unsound mind and stands so declared by a competent court; or
• If he is convicted and sentenced to imprisonment for an offence.
• The President can also remove the chairman/member for proved misbehavior and incapacities.
• The President has to refer the matter to the SC for an inquiry. 
• The SC after inquiry, upholds the cause of removal and advises so, then the president can remove the chairperson or a member.

Limitations Common to Both NHRC/SHRC

• Temporal Limitations: Not empowered to inquire into any matter after the expiry of one year.
• Nature of Recommendations: Recommendatory. But, it should be informed about the action taken on its recommendations within one month.
• Absence of Punitive Powers: No power to punish violators of human rights.
• Limitations on Relief: No power to award any relief, including monetary relief, to the victim.
• Addressing Violations by Armed Forces: Limited role, with violation of human rights by the members of the armed forces. 
  • In this sphere, the commission may seek a report from the Central government and make its recommendations. 
  • The Central government should inform the Commission of the action taken on the recommendations within three months. (only for NHRC).

Human Rights Court   

• The Protection of Human Rights Act (1993) also provides for the establishment of a Human Rights Court in every district for the speedy trial of violation of human rights.
• These courts can be set up by the state government only with the concurrence of the Chief Justice of the High Court of that state.
• For every Human Rights Court, the state government specifies a public prosecutor or appoints an advocate (who has practised for seven years) as a special public prosecutor to conduct cases in that court.

Conclusion

• National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) play vital roles in safeguarding human rights in India. 
• While they lack punitive powers, their recommendatory nature empowers them to investigate violations, provide recommendations for redressal, and promote human rights awareness. 
• Through their inquiries, recommendations, and interventions, they contribute significantly to the protection and promotion of human rights across the nation.

DOWNLOAD PDF