National Human Rights Commission (NHRC)

Why in News?

The Supreme Court recently acquitted a man after 11 years in prison, including five on death row, highlighting India’s lack of a statutory compensation policy for wrongful incarceration. Courts and experts urged Parliament to consider global models for victim compensation.

Description:

• Established: 12 October 1993
• Act: Protection of Human Rights Act, 1993 (amended in 2006, 2019).
• Nature: Statutory body (not constitutional).
• Based on: UN Paris Principles (1991).
• HQ: New Delhi.

Definition of Human Rights (Sec 2(1)(d), PHRA 1993):

• Rights relating to: Life, Liberty, Equality, Dignity of the individual.
  Guaranteed by Constitution / International treaties, enforceable by Indian courts.

Objectives:

• Strengthen institutional mechanisms for human rights protection.
• Independent investigation of allegations of excesses by authorities.
• Promote awareness & human rights literacy.
• Complement govt & civil society efforts.

Composition:

Full-time members:

• Chairperson: Retd. Chief Justice of India / Judge of SC.
• 1 member: Retd. /Sitting SC Judge.
• 1 member: Retd. /Sitting CJ of High Court.
• 3 members: Experts in human rights (≥1 woman).

Ex-officio members (7): Chairpersons of

• NCM, NCSC, NCST, NCBC, NCW, NCPCR, Chief Commissioner for Persons with Disabilities.

Appointment:

• By the President of India.
• Based on recommendation of a 6-member committee:
  • PM (Chairperson)
  • Speaker (Lok Sabha)
  • Deputy Chairman (Rajya Sabha)
  • Leaders of Opposition (LS & RS)
  • Home Minister
• Consultation with CJI required for appointing SC/HC judges.

Tenure & Conditions:

• 3 years or until 70 years of age (whichever earlier).
• Eligible for reappointment.
• Cannot take up further employment under Central/State Govt after tenure.

Removal:

• By President of India on grounds of: Insolvency, Paid employment during office, Unsound mind / physical incapacity, Conviction for crime, Proven misbehaviour/incapacity (after SC inquiry report).

Powers:

• Powers of a civil court: summon, evidence, reports.
• Can demand info/reports from govt authorities.
• Can use services of Central/State investigative agencies.
• Recommend:
  • Compensation/damages to victims
  • Disciplinary/legal action against public servants
  • Interim relief
• Approach SC/HC for writs/directions.
• Cannot inquire into cases older than 1 year.

Functions:

• Inquire into human rights violations (suo motu, petition, or court order).
• Intervene in pending court proceedings.
• Visit prisons/detention centres.
• Review laws & constitutional safeguards.
• Study international treaties & recommend implementation.
• Promote HR literacy & awareness.
• Encourage NGO activities in human rights.

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