Understanding the National Human Rights Commission (NHRC) of India
The National Human Rights Commission (NHRC) of India is a statutory body established under the Protection of Human Rights Act, 1993. It plays a crucial role in safeguarding human rights in the country, acting as a watchdog against violations and promoting awareness about these rights.
Genesis and Constitutional Basis
While the Constitution of India guarantees fundamental rights, the NHRC was established to provide an independent mechanism for addressing human rights violations. It draws inspiration from international covenants like the Universal Declaration of Human Rights (UDHR) and is in conformity with the Paris Principles.
Composition and Appointment
The NHRC consists of a Chairperson and other Members. The Chairperson is usually a retired Chief Justice of India or a retired Judge of the Supreme Court. The appointment process involves a recommendation by a high-powered committee, ensuring impartiality and expertise.
| Component | Details |
|---|---|
| Chairperson | Retired Chief Justice of India or retired Judge of Supreme Court |
| Members (Judicial) | Retired Chief Justice of a High Court or retired Judge of a High Court |
| Members (Non-Judicial) | Two persons having knowledge or experience in matters relating to human rights |
| Ex-officio Members | Chairpersons of National Commissions for Scheduled Castes, Scheduled Tribes, Minorities, Women, Backward Classes, etc. |
Powers and Functions
The NHRC has broad powers to investigate human rights violations, either on its own initiative or upon receiving a complaint. It can summon witnesses, demand documents, and visit jails or any other institution under the control of the government.
The NHRC's powers are akin to a civil court under the Code of Civil Procedure, 1908. This means it can:
- Summon and enforce attendance of witnesses and examine them on oath.
- Discover and produce documents.
- Receive evidence on affidavits.
- Requisition public records or copies thereof from any court or office.
- Issue commissions for the examination of witnesses or documents.
- Review its decisions.
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Key Functions:
- Inquire into any complaint of violation of human rights or abetment thereof, or 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 any court, with the approval of such court.
- Visit any jail or any other institution under the control of the State Government, where persons are detained or kept for purposes of treatment, reformation or rehabilitation, for the purpose of studying 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 recommend measures for their effective implementation.
- Review factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures.
- Study treaties and other international instruments on human rights and make recommendations for their due implementation.
- Undertake and promote research in the field of human rights.
Limitations of NHRC
Despite its significant role, the NHRC has certain limitations. It cannot inquire into any matter which is pending before a State Commission or any other statutory authority. Also, its recommendations are advisory in nature, and it does not have the power to punish offenders directly. The NHRC also cannot inquire into allegations of human rights violations that occurred more than one year prior to the date of the complaint.
Remember: The NHRC's power is primarily recommendatory. While influential, it relies on the government to implement its suggestions.
Role in UPSC Prelims
For the UPSC Civil Services Prelims, understanding the NHRC's composition, powers, functions, and limitations is crucial. Questions often revolve around its statutory basis, appointment procedures, and the scope of its inquiries. Familiarity with its relationship with State Human Rights Commissions and its role in promoting human rights awareness is also important.
The Protection of Human Rights Act, 1993.
Its recommendations are advisory in nature and not binding on the government.
Learning Resources
The official portal for the NHRC, providing comprehensive information on its mandate, functions, reports, and activities.
The foundational legal document that establishes and governs the National Human Rights Commission of India.
Official YouTube channel of the NHRC, featuring awareness campaigns, lectures, and updates on human rights issues.
A compilation of previous years' UPSC Prelims questions related to the National Human Rights Commission, helping understand exam patterns.
Detailed explanation of the NHRC's structure, powers, and functions from a popular UPSC coaching institute.
An analytical overview of the human rights landscape in India, including the role of statutory bodies like the NHRC.
A comprehensive overview of the NHRC, its history, structure, and key activities, providing a broad understanding.
The international standards that guide the establishment and functioning of national human rights institutions, including the NHRC.
Concise and exam-oriented notes on the NHRC, covering its key aspects relevant for UPSC preparation.
A video explanation detailing the role and significance of the National Human Rights Commission in safeguarding human rights in India. (Note: Replace 'example_video_id' with an actual relevant video ID if available from StudyIQ's channel on NHRC).