National Human Rights
NHRC looks over the rights that are related to life, dignity, liberty and equality of the individual that is defined in Section 2(1) of the PHR Act. They are guaranteed by the Constitution of India, embodied in the international covenants and are enforceable by the courts of India as well. NHRC History NHRC Composition – Members of NHRC Appointment of NHRC Members Functions & Powers of NHRC The functions of the National Human Rights Commission (NHRC) as stated in Section 12 of the Protection of Human Rights Act,1993 includes enquiry into complaints of violation of human rights or negligence in the prevention of such violation by a public servant. The Commission also studies treaties and international instruments on human rights and makes recommendations for their effective implementation to the Government. • NHRC can investigate any complaints related to violations of Human Rights in India either suo-moto or after receiving a petition. • NHRC can interfere in any judicial process that involves any allegation of violation of Human Rights. • It can visit any prison/institute under the control of the state governments to observe the living conditions of inmates. It can further make recommendations based on its observations to the authorities. • NHRC can review the provisions of the Constitution that safeguard Human Rights and can suggest necessary restorative measures. • Research in the field of Human Rights is also promoted by the NHRC. • Human Rights awareness and literacy through different media are promoted by NHRC in various sectors of society. • NHRC has the power to recommend suitable steps that can prevent violation of Human Rights in India to both Central as well as State Governments. • The President of India gets an annual report from NHRC which is laid before both the Houses of the Parliament. Limitations of NHRC • The Recommendations made by the NHRC are not binding.• Violation of Human rights by private parties cannot be considered under NHRC Jurisdiction.• NHRC doesn’t have the power to penalise the authorities that don’t implement its recommended orders.• 3 of the NHRC members are judges which give the functioning of the Commission a judicial touch.• The other members that are recommended by the Selection Committee may not necessarily be Human Rights experts.• The NHRC does not consider the following cases:• Cases that are older than one year.• Cases that are anonymous, pseudonymous or vague.• Frivolous cases.• Cases pertaining to service matters.• The NHRC has limited jurisdiction over cases related to armed forces.• The NHRC faces other issues like excess cases/complaints, insufficient funds, bureaucratic functioning style, etc. Major Issues related to NHRC India faces Human Rights violations on a large scale due to various reasons. The National Human Rights Commission (NHRC) takes up most of the issues around the country. Some of them are mentioned below:• Arbitrary arrest and detention• Custodial torture• Child labour• Violence and discrimination against women and children• Extrajudicial killings• Excessive powers• Sexual violence and abuse• LGBTQ community rights• SC/ST, disabled people and other religious minority issues• Labour rights and right to work• Conflict induced internal displacement• Manual scavenging Term & Removal of Chairperson of NHRC The Chairperson or the Members of the National Human Rights Commission holds office for a term of three years or until they attain the age of 70 years, whichever is earlier.Earlier the tenure of office was 5 years or 70 years whichever is earlier but the Protection of Human Rights (Amendment) Bill 2019 brought in certain changes.
