In a democratic nation, protecting human rights is not just a moral obligation but a constitutional duty. India took a significant step in this direction when it established the National Human Rights Commission in 1993, creating an independent watchdog to safeguard the fundamental rights of all citizens. This institution represents India’s commitment to upholding the dignity and liberty of every individual, from addressing custodial deaths to reforming prison conditions.
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Constitutional mandate and establishment
The National Human Rights Commission was established on October 12, 1993, under the Protection of Human Rights Ordinance, which was later given statutory backing through the Protection of Human Rights Act, 1993. This legislation fulfilled India’s constitutional obligation to protect citizens’ fundamental rights, establishing a dedicated institutional mechanism to address human rights grievances across the country.
The Commission was created in compliance with the Paris Principles adopted by the United Nations in 1991, which set international standards for national human rights institutions. These principles, endorsed by the UN General Assembly in 1993, provide a framework for the establishment, composition, status, and functioning of national human rights bodies worldwide.
Under the Act, human rights are defined as rights relating to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in international covenants and enforceable by courts in India. This comprehensive definition ensures the Commission can address a wide spectrum of rights violations.
Structure and composition
The NHRC operates as a multi-member body with both full-time and ex-officio members. The Chairperson must be a former Chief Justice of India or a Judge of the Supreme Court, ensuring the institution benefits from extensive legal expertise and understanding of constitutional rights. Currently, Justice V. Ramasubramanian serves as the Chairperson.
The Commission includes one member who is or has been a Judge of the Supreme Court, one member who is or has been the Chief Justice of a High Court, and three members with knowledge or practical experience in human rights matters, with at least one being a woman. Additionally, the Chairpersons of seven national commissions serve as ex-officio members, including those from the National Commissions for Scheduled Castes, Scheduled Tribes, Women, Minorities, Backward Classes, Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities.
Members are appointed by the President of India based on recommendations from a high-powered committee comprising the Prime Minister, the Speaker of the Lok Sabha, the Home Minister, leaders of opposition in both houses of Parliament, and the Deputy Chairman of the Rajya Sabha. This selection process ensures the Commission’s independence and credibility.
Key functions and inquiry powers
The NHRC serves as India’s primary guardian of human rights, with broad functions that include inquiring into human rights violations either on its own motion or based on petitions. The Commission can investigate complaints related to violations by public servants or negligence in preventing such violations.
Inquiry jurisdiction: The Commission can intervene in judicial proceedings involving allegations of human rights violations, with the approval of the court. It also has the authority to visit jails and detention facilities under state government control to examine living conditions and make recommendations for improvement.
While investigating complaints, the NHRC possesses all powers of a civil court under the Code of Civil Procedure, 1908. These extensive powers include summoning and enforcing the attendance of witnesses, examining them under oath, discovering and producing documents, receiving evidence on affidavits, and requisitioning public records or copies from courts and offices.
Investigative capacity
The Commission maintains its own investigative staff headed by a Director General of Police, providing it with professional capacity to conduct thorough investigations. Additionally, under the Act, the NHRC can utilize the services of officers or investigation agencies from Central or State Governments, allowing it to leverage existing governmental resources when needed.
The Commission can call for information or reports from the Central Government, State Governments, or subordinate authorities within a specified timeframe. If the required information is not received within the stipulated period, the Commission may proceed with the inquiry independently, ensuring that investigations are not stalled by bureaucratic delays.
Roles as an agency of reform and review
Beyond investigating individual complaints, the NHRC plays a crucial role as an agency for systemic reform and policy review. The Commission actively studies treaties and international instruments on human rights and makes recommendations for their effective implementation to the government.
Prison reform initiatives: The NHRC regularly visits prisons, mental health institutions, juvenile homes, and similar facilities to observe conditions and ensure compliance with human rights standards. Based on these observations, it makes concrete recommendations to authorities for improving living conditions and treatment of inmates.
The Commission has the authority to review constitutional and legal safeguards for the protection of human rights and recommend measures for their effective implementation. In this capacity, the NHRC has reviewed existing laws and asked bodies like the Law Commission to examine controversial legislation, such as the Terrorist and Disruptive Activities (Prevention) Act.
Educational and awareness functions
The NHRC undertakes and promotes research in the field of human rights, often conducting studies through reputed academic institutions and NGOs. It spreads human rights literacy among various sections of society through publications, media, seminars, and other means.
The Commission conducts training programs for armed forces personnel, police officers, public officials, civil society organizations, and students to promote human rights education and awareness. It issues guidelines to prevent misuse of powers of arrest by police and encourages the establishment of Human Rights Cells in State and City Police Headquarters.
Powers of investigation and reporting
The NHRC’s investigative powers enable it to function effectively as a watchdog for human rights. During investigations, the Commission can seize documents, enter premises related to inquiries, and record facts in cases involving accused persons. These powers ensure that the Commission can conduct comprehensive investigations even in complex cases.
Custodial deaths and police accountability: The Commission has issued comprehensive guidelines regarding custodial deaths, requiring state governments to report such incidents within 24 hours. All reports, including post-mortem, videograph, and magisterial inquiry reports, must be sent within two months of the incident.
The Commission can directly call for reports from central or state governments and must publish its findings and recommendations. Upon completion of an inquiry, the NHRC may recommend to the concerned government or authority the initiation of prosecution or other appropriate action against any public servant found guilty of human rights violations.
Limitations and challenges
While the NHRC has extensive investigative powers, its recommendations are not legally binding on governments. The Act requires authorities to inform the Commission of action taken on its recommendations within one month for general complaints and within three months for complaints related to armed forces. However, the Commission cannot directly enforce its decisions or award relief to victims.
The NHRC has limited jurisdiction over cases involving armed forces. In such matters, it primarily seeks reports from the Central Government and offers recommendations, which the government is obliged to respond to within three months. Additionally, the Commission cannot inquire into matters that occurred more than one year prior to the complaint being filed.
Despite these limitations, the Commission’s moral and political weight ensures that its recommendations receive serious consideration. The requirement to publish reports along with government responses creates public accountability and pressure for action.
What do you think? How can India strengthen the enforcement mechanisms of the NHRC to make its recommendations more effective? What role should civil society play in supporting the Commission’s work to ensure better protection of human rights across the country?
References
- https://nhrc.nic.in/about-us/composition_of_commission
- https://nhrc.nic.in/paris-principles
- https://vajiramandravi.com/current-affairs/protection-of-human-rights-act-1993/
- https://nhrc.nic.in/faq
- https://blog.ipleaders.in/protection-of-human-rights-act-1993/
- https://nhrc.nic.in/press-release/nhrc-issues-fresh-guidelines-regarding-intimation-custodial-death
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