National human rights commission

National Human Rights Commission was established under Protection of Human Rights Act,1993 to promote and protect the human rights provided under the constitution of India and various international conventions and UN.

1. NATIONAL HUMAN RIGHTS COMMISSION Srishti Bansal 35713403817 4 th Year - B

2. INTRODUCTION National Human Rights Commission is a Statutory Public Body constituted on October 12, 1993 under the Protection of Human Rights Ordinance of September 28, 1993. Given a statutory basis by the Protection of Human Rights Act, 1993. Constituted under Section 3 of the Protection of Human Rights Act, 1993. Responsible for the protection and promotion of human rights. Section 2(d) of the act defines human rights as- “ rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution of India or embodied in the International Covenants and enforceable by courts in India. “

3. CONSTITUTION OF NHRC (Section-3) The Central Government constitute a body known as NHRC to exercise the powers conferred upon and functions assigned to it under the act. The commission consist of the following members-

4. APPOINTMENT OF CHAIRPERSON AND MEMBERS (Section-4) The chairperson and the members shall be appointed by the President. The President shall appoint the chairperson and the members after obtaining the recommendation of the committee. The committee shall consist of the following members-

5. RESIGNATION AND REMOVAL OF CHAIRPERSON AND MEMBERS Section 5 of the act talks about the resignation and removal of chairperson and members. The chairperson or any member by notice in writing to the President can resign his office. The president by order may remove the chairperson or any member on the following grounds- Is adjudged an insolvent Unfit to continue in office by reason of infirmity of mind or body Is of unsound mind Is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.

6. TERM OF OFFICE OF CHAIRPERSON AND MEMBERS A person appointed as chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years whichever is earlier. A person appointed as member shall hold office for a term of five years from the date on which he enters upon his office. A person appointed as member shall be eligible for re-appointment for another term of five years provided that no member shall hold office after he has attained the age of seventy years.

7. FUNCTIONS OF COMMISSION Section 12 of Protection of Human Rights Act, 1993 specifies the function to exercised by the commission- Inquire on a petition presented to it by victim or any person into complaint of – Violation of human rights Negligence in the prevention of such violation by a public servant Intervene in proceeding involving allegation of violation of human rights Visit jail or other institution where persons are detained or lodged for purposes or treatment, reformation or protection for study of living conditions of the inmates Review safeguards for protection of human rights Study treaties and other international instruments to make recommendations for effective implementation Promote research in field of human rights Spread human right literacy and promote awareness about the safeguards Encourage efforts of NGOs and institutions working in the field of human rights.

8. POWERS OF COMMSSION The commission shall have all the powers of civil court under Code of Civil Procedure,1908. Summoning and enforcing the attendance of witnesses and examining them on oath. Discovery and production of any document Receiving evidence on affidavits Requisitioning and public record or copy thereof from any court or office Issuing commissions for examination of witnesses or documents Enter any building or place where any document relating to subject matter of the inquiry may be found and seize the document. The commission shall be deemed to be a civil court when any offence under section 175, 178, 180 or 228 of Indian Penal Code in committed in presence of the commission. Have power to require any person to furnish information which may be useful or relevant to the subject matter of inquiry. If the commission considers it necessary, it may by order transfer any complaint filed or pending before it to the State Commission of the State from where such complaint arises for disposal in accordance with the provisions of the Act.

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