National Human Rights Commission

Reference:

Recently, former Supreme Court judge Justice V Ramasubramanian took charge as the Chairman of the National Human Rights Commission (NHRC) and Justice Dr. Vidyut Ranjan Sarangi and Priyank Kanungo took charge as members. Justice V Ramasubramanian has replaced Justice Arun Kumar Mishra.

About NHRC:

• NHRC is a statutory body which was constituted on 12 October 1993 under the Protection of Human Rights Act, 1993.
  • Some other provisions have been included in the Protection of Human Rights Act, 1993 by amending it in the years 2006 and 2019.

Composition of the Commission:

• The Commission is a multi-member body consisting of a Chairman, five full-time members and seven ex-officio members.
  • Chairman: The Chairman of the Commission is a retired Chief Justice of India or any other judge.
    • After the amendment in the year 2019, other than the Chief Justice of the Supreme Court, a retired judge can also be appointed as the Chairman of the NHRC.
  • Full-time members:
    • One member, a serving or retired judge of the Supreme Court
    • One member, a serving or retired judge of a High Court
    • Two members will be those who have knowledge and practical experience of subjects related to human rights
    • Apart from this, after the amendment in the year 2019, a woman member was also included, after which the number of full-time members has increased from four to five.
  • Ex-officio Members: In the original Act, the Chairpersons of the National Commission for Minorities, National Commission for Scheduled Castes, National Commission for Scheduled Tribes and National Commission for Women were included as members of the NHRC.
    • However, after the amendment, provision was made to include the National Commission for Backward Classes, National Commission for Protection of Child Rights and Chief Commissioner for Persons with Disabilities as members of the NHRC.
• Appointment: The appointment of the Chairperson and members of the Commission is done by the President on the recommendation of a six-member high-level committee constituted under the chairmanship of the Prime Minister.
  • Apart from the Prime Minister, the committee includes the Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, Leader of Opposition of both the Houses of Parliament and the Union Home Minister.
• Tenure of Chairperson and Members: Three years or till the age of 70 years, whichever is earlier.
  • In the original Act, the tenure of the Chairperson and Members was 5 years or 70 years (whichever is earlier), which was amended to 3 years in the year 2019. 
• Reappointment: The original Act allows reappointment of NHRC members for a period of five years.
  • However, after the amendment made in the year 2019, the five-year limit for reappointment has been removed.
• Removal and Resignation: The Chairperson and Members of the Commission can resign at any time by addressing their resignation to the President.
  • The Chairperson and Members can be removed from their posts by the President under the following circumstances –
    • If he becomes insolvent or
    • If he, during his tenure, engages in any paid employment outside his jurisdiction or
    • If he is unable to work due to mental and physical reasons, or
    • If he is mentally unsound and a competent court declares so, or
    • If he is convicted of any offence by the court.
  • Apart from this, the President can also remove the Chairperson and any member from office due to his misconduct or incapacity. 
    • However, in this situation, the President will send the matter to the Supreme Court for investigation. If after the investigation, the Supreme Court finds these allegations to be true, then on its advice, the President can remove these members and the Chairman from their posts.
• Salary and allowances of the Chairman and members: The salary, allowances and other service conditions of the Chairman and members of the Commission are determined by the Central Government.
  • However, after appointment, no disadvantageous change can be made in them. 

Powers and Functions of the Commission:

Powers:

Under the Act, the Commission shall have all the powers as are available to a civil court under the Code of Civil Procedure, 1908 in respect of the following matters in respect of the investigation of complaints, including:

• Summoning and enforcing the attendance of witnesses and examining them on oath
• Requiring the production and production of any document
• Receiving evidence on affidavits
• Retrieving any public record or copy thereof from any court or office
• Issuing commissions for the examination of witnesses or documents
• Any other matter as may be prescribed.

Functions:

• To inquire into the violation of human rights on any matter presented either suo motu or by any person on his behalf or on the direction of the court.
• To intervene in any human rights proceedings pending in a court
• To inspect jails and prisons and make recommendations in this regard.
• To review the constitutional and legal provisions made for the protection of human rights and to recommend measures for their effective implementation.
• To review all the reasons including terrorism, which lead to violation of human rights and to recommend measures to prevent them.
• To study the international treaties and documents related to human rights and to make recommendations for their effective implementation.
• To do research in the field of human rights and to encourage it.
• To spread information related to human rights among the people and to make them aware of the measures available for their protection.
• To appreciate the efforts of non-governmental organizations working in the field of human rights.
• To do such necessary work which is necessary for the promotion of human rights.

Other important points

• The Commission is not authorized to investigate any such case which has occurred more than one year ago.
• The Commission neither has the right to punish the person guilty of human rights violation, nor does it have the right to give any kind of financial assistance to the victim.
• The role of the Commission is mainly advisory in nature. Its recommendations are not binding on the concerned government or officer.
  • But the Commission has to inform within one month about the action taken on its advice.
• The Commission sends its annual report to the Central Government and the concerned State Governments and the governments place the report sent by the Commission before the legislature.