Law and You > Legal Concepts > Human Rights > The National Human Rights Commission

Human rights attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. They specify the minimum conditions for human dignity and a tolerable life. Human rights are those which are inherent to all human beings whatever be nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or status in society. Human rights encompass a wide variety of rights. Human rights are universal and moral. All individuals entitled to these rights without any discrimination on any ground. All these rights are interdependent, interrelated and indivisible. In India, the National Human Rights Commission acts as the protector of human rights.

The National Human Rights Commission: 

The Protection of Human Rights Act, 1993 provides that the central government shall constitute a body known as National Human Rights Commission to exercise the powers and functions assigned to it under the Act and in exercise of this power the central government constituted the present National Commission.

Constitution of Commission:

Section 3 of the Protection of Human Rights Act, 1993 deals with the constitution of the National Human Rights Commission. According to this section the Commission shall consist of:

1. A chairperson who has been the chief Justice of the Supreme Court;
2. One member who is, or has been, the judge of the Supreme Court;
3. One member who is, or has been, the chief Justice of a High Court:
4. Two members to be appointed from amongst persons having knowledge of, or practical experience in matter relating to human rights.

In addition to this, there are three ex-officio members. They are the Chairpersons of the National Commission for Minorities, the National Commission for Scheduled Caste and scheduled Tribes and the National Commission for Women. They shall also discharge all the functions of the National Human Rights Commission except that they will not inquire, suo moto or on a petition presented by a victim or any person on his behalf, into complaint of violation of human rights or abetment thereof or negligence in the prevention of such violation.

An officer of the rank of the secretary to the Government of India is to be the secretary-General of the commission and he shall exercise such powers and discharge such functions of the Commission as it may delegate to him.

Method of Appointment:

Section 4 of the Protection of Human Rights Act, 1993 deals with the appointment of chairperson and other members of the National Human Rights Commission. According to this section the appointments of Chairperson and other members of the Commission are made by the President of India on the recommendations of a Committee which consists of following persons:

1. The Prime Minister -Chairperson
2. Speaker of the people – Member
3. Minister in charge of the Ministry of Home Affairs in the Government of India – Member
4. Leader of the opposition in the House – Member
5. Leader of the opposition in the Council of States – Member
6. Deputy Chairman of the Council of States – Member

If a sitting judge of the Supreme Court or sitting Chief Justice of the High Court is to be appointed to the Commission then it can be done only after consultation with the Chief Justice of India. No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Committee.

Removal of Member from the Commission:

Section 5 of the Protection of Human Rights Act, 1993 deals with the removal of a member of the National Human Rights Commission. According to this section the Chairperson or any other Member of the Commission shall only be removed from his office by order of the President on the grounds of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such other Member, as the case may be. on any such ground be removed. Notwithstanding this, the President may by order remove from office the Chairperson or any other member if the Chairperson or such other Member, as the case may be –

1. is adjudged an insolvent; or
2. engage during his term of office in any paid employment outside the duties of his office; or
3. is unfit to continue in office by reason of infirmity of mind or body; or
4. is of unsound mind and stands so declared by a competent court; or
5. is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.

The Term in Office of NHRC:

Section 6 of the Protection of Human Rights Act, 1993 deals with the terms of office of members of the National Human Rights Commission. According to this section

• The term of office of the Chairperson and other members of the Commission has been fixed.
• The Chairperson shall hold the 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.
• Other Members of the commission shall hold the office for a term of five years from the date on which they enter the office and shall be eligible for re-appoinment for another term of five years but subject to the condition that no member shall hold the office after attaining the age of seventy years.
• On ceasing to hold office, the Chairperson as well as Members of the Commission are not eligible for further employment under the government of India or under the Government of any state.
• In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the President may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.

Remuneration:

Section 8 of the Protection of Human Rights Act, 1993 deals with the terms and conditions of service of members of the National Human Rights Commission. According to this section the salaries and allowances payable to, and other terms and conditions of service of the Members shall be such as may be prescribed. To ensure independence in their working, the terms and conditions of service of Members including their salary and allowances cannot be varied to their disadvantages after their appointment.

Functions of Commission:

Section 12 of the Protection of Human Rights Act, 1993 deals with the functions of the National Human Rights Commission. According to this section the Commission shall perform all or any of the following functions:

• Inquire, Suo moto, or on a petition presented to it by a victim or any person on his behalf or on a direction or order of any court into complaint of (i) violation of human rights or abetment thereof; or (ii) negligence in the prevention of such violation by a public servant;
• Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such Court;
• Visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the government.
• Review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommended measures for their effective implementation.
• Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommended appropriate remedial measures.
• Study treaties and other international instruments on human rights and make recommendations for their effective implementation.
• Undertake and promote research in the field of human rights.
• 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.
• Encourage the efforts of non-governmental organisations and institutions working in the field of human rights.
• Such other functions as it may consider necessary for the promotion of human rights.

Which Complaints are not entertained by NHRC:

The complaints relating to following matters shall not be entertained by the Commission:

• Complaint in regard to events which happened more than one year before the making of the complaint;
• Complaint with regard to the matter which are sub-judice or pending before a state Commission or any other Commission duly constituted under any law for the time being in force;
• Complaints which are of frivolous nature;
• The complaints which are outside the purview of the Commission.

Powers of NHRC:

Section 13 of the Protection of Human Rights Act, 1993 deals with the powers of the National Human Rights Commission relating to inquiries. Section 13 of the Act confer NHRC with all the powers of a civil court to try a suit under the Code of Civil Procedure and, particularly in respect of the following matters namely;

• Summoning and enforcing the attendance of witnesses and examining them on oath;
• Discovery and production of any document;
• Receiving evidence on affidavits;
• Requisitioning any public record or copy thereof from any court or office;
• Issuing Commissions for the examinations of witnesses or documents;
• Any other matter which may be prescribed.

Section 14 of the Protection of Human Rights Act, 1993 deals with the powers of the National Human Rights Commission relating to investigation.

• The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be.
• For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under subsection (1) may, subject to the direction and control of the Commission:- (a) summon and enforce the attendance of any person and examine him; (b) require the discovery and production of any document; and (c) requisition any public record or copy thereof from any office.
• The provisions of section 15 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub-section (1) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission.
• The officer or agency whose services are utilised under subsection (1) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Commission within such period as may be specified by the Commission in this behalf.
• The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the report submitted to it under sub-section (4) and for this purpose the Commission may make such inquiry (including the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit.

Conclusion:

The human rights are very precious and valuable rights. These rights include the fundamental rights of people without which mental, physical and spiritual development of a human being is not possible. It is the primary and paramount duty of every state to protect human rights of every individual within its territory. Almost every legal system of the globe has been protecting their individuals by promoting human rights. In this respect, the Parliament of India established monitoring bodies at national, state and district level by enacting the Protection of Human Rights Act 1993.

The National Human Rights Commission of India is a human rights monitoring institution constituted by an Act of Parliament, “The Protection of Human Rights Act 1993”. From its inception, the National Human Rights Commission of India has been playing a very significant role in developing a healthy atmosphere of human rights in India. It has built an edifice of human rights accountability on the foundations of transparency and autonomy. The National Human Rights Commission of India has been performing its vast and comprehensive functions entrusted to it under the Protection of Human Rights Act 1993, in a methodological and systematic manner. In discharging its duties, the Commission has mostly covered up the terrible occurrence of custodial deaths, rapes and tortures.

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