National Human Rights Commission (NHRC)

Statutory Guardian of Human Rights in India

Establishment

The National Human Rights Commission (NHRC) is a statutory body, not a constitutional body.
This means it was created by an Act of Parliament, not by the Constitution.

The Act responsible is:
➡️ Protection of Human Rights Act (PHRA), 1993

NHRC acts as the watchdog of human rights, that is, the rights relating to:

Life
Liberty
Equality
Dignity

These rights may come from:

The Constitution, or
International Covenants (ratified by India and enforceable by Indian courts)

Why was NHRC created?

The government had three objectives:

To strengthen institutions dealing with human rights.
To independently examine allegations of excesses by public authorities.
To complement and reinforce existing human rights efforts across the country.

Composition of NHRC

NHRC is a multi-member body:

A. Full-Time Members

Chairperson
- Must be a former Chief Justice of India or a Judge of the Supreme Court.
One Member
- Must be a serving/retired Judge of the Supreme Court.
One Member
- Must be a serving/retired Chief Justice of a High Court.
Three Members
- Persons with knowledge or practical experience in human rights
- At least one must be a woman

B. Ex-Officio Members (7)

These are the Chairpersons/Heads of:

National Commission for Minorities
National Commission for SCs
National Commission for STs
National Commission for Women
National Commission for Backward Classes
National Commission for Protection of Child Rights
Chief Commissioner for Persons with Disabilities

This structure ensures coordination across all human-rights-related statutory bodies.

Appointment Process

Appointments are made by the President of India, based on recommendations from a six-member committee:

Prime Minister (Chairperson)
Speaker of Lok Sabha
Deputy Chairman of Rajya Sabha
Leaders of Opposition in both Houses
Union Home Minister

For appointing a sitting Supreme Court Judge or sitting Chief Justice of High Court, consultation with the Chief Justice of India is mandatory.

This arrangement ensures independence, bipartisan input, and judicial oversight.

Tenure and Removal

Tenure

3 years OR
Until age 70, whichever is earlier
Eligible for reappointment

Post-Tenure Restriction

They cannot take up any further employment under Central or State Government.

Removal

The President can remove members under the following conditions:

Adjudged insolvent
Engages in paid employment outside duties
Infirmity of mind or body
Declared of unsound mind by a competent court
Convicted and imprisoned for an offence

For removal due to misbehaviour or incapacity:

President refers the case to the Supreme Court for an inquiry
If SC recommends removal → President removes the member

This judicial-filter mechanism ensures autonomy and impartiality.

Functions of NHRC

NHRC has a wide and powerful mandate. Its major functions include:

1. Inquire into violations of human rights

Suo motu (on its own)
On petitions
On court orders

2. Intervene in court proceedings

In cases involving human rights violations.

3. Visit jails and detention centres

To examine conditions and recommend improvements.

4. Review constitutional and legal safeguards

To suggest measures for better protection of human rights.

5. Examine factors inhibiting human rights

Including terrorism and other systemic issues.

6. Study international treaties

And recommend ways to implement them effectively.

7. Promote and undertake research on human rights.

8. Spread human rights awareness

Through education, training, and public outreach.

9. Encourage NGOs and civil society

Working in the field of human rights.

10. Any other function

Essential for promoting human rights.

NHRC acts as both:

A protector of rights, and
A promoter of human rights culture in society.

Practical Work: What Does the NHRC Actually Deal With?

NHRC receives complaints on a vast range of issues, such as:

Custodial deaths
Police torture
Fake encounters
Negligence by public servants
Prison conditions
Violations by security forces
Atrocities on women, children, SCs/STs
Child labour & bonded labour
Communal violence
Non-payment of retirement benefits
Negligence by public authorities

NHRC also takes suo motu cognizance of:

Media reports
Information from Special Rapporteurs
Observations made during field visits
Intimidations received regarding deaths in custody or encounters

Role of Camp Sittings & Open Hearings

To deliver “justice at the doorstep”, NHRC organizes public hearings and camp sittings across India.

This helps:

Victims present grievances without travel
States respond immediately
NHRC ensure ground-level human rights protection

In Simple Words

NHRC is India’s independent guardian of human rights, created to check the abuse of power, promote human rights awareness, and provide a platform for victims of injustice.

Working of NHRC

Understanding how NHRC operates helps us appreciate both its strengths and limitations.

1. Headquarters and Powers

NHRC’s headquarters is located in New Delhi.
It can create regional offices anywhere in India to expand its reach.
It has the power to regulate its own procedure — meaning it decides how it will function, inquire, summon, and report.

Judicial Nature of Powers

NHRC has the powers of a civil court, such as:

Summoning individuals
Enforcing attendance
Examining witnesses on oath
Receiving evidence
Asking for public records
Conducting inquiries with judicial character

This gives the Commission a quasi-judicial stature.

2. Investigative Machinery

The NHRC has:

A. Its own investigating staff

A dedicated team to probe human rights complaints.

B. Power to use Central/State investigating agencies

For example, it can request assistance from:

Police
CBI
State intelligence
District administration

C. Strong cooperation with NGOs

NGOs often provide direct, ground-level information on violations, which helps NHRC conduct speedy inquiries.

3. Limitation: The One-Year Rule

NHRC cannot inquire into any human rights violation that occurred more than one year ago.

This is a statutory limitation under the Protection of Human Rights Act, 1993.

So, the Commission can act only within a 1-year timeframe from the date of the incident.

4. Steps NHRC Can Take After Inquiry

After examining a complaint, NHRC may:

1. Recommend Compensation

Ask the government to pay compensation or damages to the victim.

2. Recommend Prosecution

Suggest legal action against the guilty public servant.

3. Recommend Interim Relief

Provide temporary assistance to the victim immediately.

4. Approach Courts

Seek directions/orders/writs from:

Supreme Court
High Court

This gives NHRC a pathway to enforce its findings indirectly.

Role of NHRC: What It Can and Cannot Do

This is the most important area for UPSC.

NHRC Is Primarily a Recommendatory Body

It cannot punish, cannot enforce, and cannot award compensation directly.
It can only recommend.

But the government must inform NHRC within one month about the action taken on these recommendations.

Why is this still important?

Because NHRC enjoys strong moral and material authority.
Governments rarely ignore its recommendations due to:

Public pressure
Media coverage
Judicial oversight
Legislative scrutiny

A former NHRC member famously remarked:

“The Commission is not powerless — no government can ignore its recommendations.”

Limited Powers Regarding Armed Forces

Human rights abuses by armed forces (Army, paramilitary forces) fall under a restricted jurisdiction.

In such cases, NHRC can only:

Seek a report from the Central Government
Make recommendations

The Central Government must respond within three months.

But NHRC cannot investigate directly, which weakens its effectiveness in conflict zones.

Reporting to Legislatures

NHRC submits:

Annual Reports
Special Reports

These are laid before:

Parliament
State Legislatures

Along with:

Action Taken Memorandum
Reasons for non-acceptance of recommendations

This ensures transparency and accountability.

Problems Faced by NHRC

The NHRC itself has documented major challenges that limit its functioning. Let’s understand them:

1. Administrative Constraints

NHRC follows the Paris Principles, which require:

Adequate funding
Independent staff
Independent premises
Freedom from government control

However:

NHRC handles nearly 1 lakh complaints per year.
But administrative powers of the Chairperson are limited.
This slows down decision-making and reduces operational flexibility.

To function effectively, NHRC must receive greater administrative autonomy.

2. Financial Constraints

NHRC receives annual grants-in-aid from the Ministry of Home Affairs.
It has freedom to spend the money, but no authority to make independent financial decisions like purchasing vehicles.

Thus, despite financial independence in theory, in practice it lacks full financial autonomy.

3. Manpower Constraints (Most Serious Problem)

NHRC faces chronic staff shortages:

A. Never filled its sanctioned strength

Since 1993, the Commission has never worked with full manpower.

B. Heavy dependence on retired officials

Due to rising caseload, NHRC is forced to hire retired government officers as consultants.

C. Investigative Staff Shortage

This affects:

Spot inquiries
Custodial death investigation
Illegal detention cases
Torture-related cases

Investigations become slow and delayed.

D. Weak Law Division

The Law Division handles huge volumes of complaints but suffers major staff shortages.

Supreme Court Intervention (2017)

The Supreme Court expressed concern over manpower shortage and directed the Government to:
“Address the concerns of the Commission with a positive outlook.”
Despite this, issues persist.