NATIONAL HUMAN RIGHTS COMMISSION

An overview of NHRC commission

1. NATIONAL HUMAN RIGHTS COMMISSION

2. HISTORY OF NHRC UN Commission on Human Rights formulated the Universal Declaration of Human Rights on 10th December, 1948.   The international community   recognized the growing importance of strengthening national human rights  institutions and arranged a meeting of representatives of national institutions in Paris. A detailed set of principles on the status of national institutions was developed, these are commonly known as the  Paris  Principles which became the foundation for the establishment and operation of national human rights institutions. The   National Human Rights Commission (NHRC)  was established on October 12, 1993 . Its law is contained in the Protection of Human Rights Act, 1993  and is in conformity with the Paris Principles. 

3. FEATURES OF NHRC NHRC was constituted under Section 3 of the 1993 Act for better protection of human rights. The term ‘human rights’ is defined in  Section 2(d)  of the 1993 Act, which reads as follows: “Human right” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India . The Commission takes an  independent stand since it is autonomous i.e. it has been created by an Act of Parliament. NHRC has the powers of a  civil court, has a very wide mandate, it also monitors implementation of its various recommendations.

4. DIVISION OF NHRC There are five divisions in NHRC as follows: Training Division, spreading human rights literacy among sections of the society Law Division, handles registration and disposal of around one lakh cases each year, registered on the complaints of human rights violation. Administration Division, looks after the establishment, administrative and related requirements of the Chairperson and Members of the NHRC . Policy Research and Project Division, undertakes and promotes research on human rights and organizes conferences, seminars and workshops on important human rights issues.  Investigation Division, headed by an officer of the rank of Director General of Police, assisted by one DIG and three Senior Superintendents of Police for Spot Enquiries, Custodial deaths, fact finding cases.

5. Commission shall consist of: A Chairperson One Member who is or has been a Judge of the Supreme Court of India One Member who is or has been the Chief Justice of a High Court Two Members to be appointed from among persons having knowledge of or practical experience in matters relating to human rights In addition, the Chairpersons of four National Commissions of 1.Minorities 2.SC 3.ST 4.Women serve as ex officio members. COMPOSITION OF NHRC

6. COMPOSITION OF NHRC

7. APPOINTMENT AND REMOVAL OF MEMBERS The Chairperson and the Members of the Commission are appointed by the President of India on the recommendations of a Committee consisting of : The Prime Minister The Home Minister The Leader of the Opposition in the Lok Sabha   The Leader of the Opposition in the Rajya Sabha The Speaker of the Lok Sabha The Deputy Chairman of the Rajya Sabha

8. APPOINTMENT AND REMOVAL OF MEMBERS The chairman and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier. After their tenure, the chairman and members are not eligible for further employment under the central or state government. The president can remove the chairman or any member from the office under certain circumstances. RECOMMENDATION COMMITTEE

9. FUNCTIONS AND POWERS OF COMMISSION   The Commission performs the following functions namely: a) Violation of human rights b ) Negligence in the prevention of such violation, by a public servant. c) Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court. d) Visit under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained for purposes of treatment. e) Review the safeguards provided by the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.

10. FUNCTIONS AND POWERS OF COMMISSION   f) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures. g) Study treaties and other international instruments on human rights and make recommendations for their effective implementation. h) Undertake and promote research in the field of human rights. i ) Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means. j) Encourage the efforts of non-governmental organizations and institutions working in the field of human rights .

11. MAJOR HUMAN RIGHTS ISSUES IN INDIA Some of the issues which are taken up by NHRC are listed as follows: Custodial Torture Right to Work and Labour Rights Extrajudicial Killings Arbitrary Arrest and Detention Excessive Powers of the Armed Forces and the Police Sexual Violence Conflict Induced Internal Displacement Child Labour Manual Scavenging Violence and discrimination against Women, Children Lesbian, Gay, Bisexual, Transgender Rights

12. NHRC has widely dealt with issues relating to application of human rights and has established its reputation for independence and integrity. There is increasing number of complaints addressed to the Commission seeking redressal of grievances .  NHRC has pursued its mandate and priorities with determination and considerable success. Some of the famous interventions of NHRC include 1. Campaigns against discrimination of HIV patients.  2. It ordered all State Governments to report the cases of custodial deaths or rapes within 24 hours of occur­rence failing which it would be assumed that there was an attempt to suppress the incident.  ROLE OF NHRC IN SAFEGUARDING HUMAN RIGHTS  

13. 3 . An  important intervention of the Commission was related to Nithari Village in Noida, UP, where children were sexually abused and murdered. 4 . NHRC helped bring out in open a multi crore pension scam in Haryana. 5 . It also looked up the case of sterilization tragedy of Chattisgarh . In spite of many achievements, the NHRC has been marred with controversies. For instance, the Batla House encounter case in the recent past where the Commission’s report giving clean chit to the Delhi Police came under fire from various quarters. It was said that the Commission had failed to conduct a proper inquiry as its officials never visited the site and filed a report on the basis on the police version. ROLE OF NHRC IN SAFEGUARDING HUMAN RIGHTS  

14. LIMITATIONS OF THE COMMISSION  NHRC can only make recommendations without the power to enforce decisions . This lack of authority to ensure compliance can lead to outright rejection of its decision too. It is often viewed as a post-retirement destinations for judges, police officers and bureaucrats with political clout. Bureaucratic functioning, inadequacy of funds also hamper the working of the commission. Under the Protection of Human Rights Act, 1993, human rights commissions cannot investigate an event if the complaint was made more than one year after the  incident, therefore , a large number of genuine grievances go unaddressed.

15. IMPROVEMENTS If human rights commissions are to truly protect rights in India, it needs a revamp. The efficacy of commissions will be greatly enhanced if their decisions are made enforceable by the government. If commissions are to play a meaningful role in society, they must include civil society human rights activists as members. Misuse of laws by the law enforcing agencies is often the root cause of human right violations. T he weakness of laws should be removed and those laws should be amended or repealed, if they run contrary to human rights.

16. CASES HANDLED BY NHRC Gujarat Riots : During February-March 2002, three thousand people belonging to minority Muslim community were killed and property was destroyed due to communal violence. NHRC initiated an inquiry and directed the state government to report the measures taken so far and also approached Supreme Court of India on behalf of Gujarat riots. Starvation Death In Orissa : NHRC investigated the reports of death of people due to starvation in Koraput , Bolangie , Kalahandi districts of Orissa. It appointed a team to report about the existing conditions and a special persons to look after the relief and rehabilitation work. It also periodically reviewed the measures taken by State Government to prevent deaths . Death Due To Silicosis : People from Madhya Pradesh who worked as labourers in quartz crushing factory in Gujarat died due to Silicosis/ Silicotuberculosis . Nearly 200 people died in the last 4 years after returning to their village as they were exposed to silica dust. NHRC demanded a factual report from Madhya Pradesh and Gujarat and also dispatched a team fro Investigation Division for a spot enquiry.