National Human Rights Commission of India: Role and Functions

Overview of the National Human Rights Commission (NHRC)

The National Human Rights Commission (NHRC) of India is an independent statutory body established to protect and promote human rights. It addresses violations of rights guaranteed by the Constitution or embodied in international covenants, such as the right to life, liberty, and dignity. The NHRC plays a crucial role in fostering a human rights culture in India’s diverse and complex socio-political landscape.

Key Fact: The NHRC was established on October 12, 1993, under the Protection of Human Rights Act, 1993.

[](https://nhrc.nic.in/about-us/about-the-Organisation)

Establishment of the NHRC

The NHRC was constituted under the Protection of Human Rights Act, 1993, in response to India’s commitment to international human rights standards, including the Paris Principles (1991). The Act was amended in 2006 and 2019 to strengthen the NHRC’s framework and address emerging challenges.

Statutory Basis: Section 3 of the Protection of Human Rights Act, 1993, provides for the constitution of the NHRC.
Objective: To protect and promote human rights, defined as rights relating to life, liberty, equality, and dignity, as guaranteed by the Constitution or international covenants (Section 2(1)(d)).
Paris Principles Compliance: The NHRC is designed to align with the UN’s Paris Principles, ensuring independence, pluralism, and effectiveness, though concerns have been raised about its autonomy.

Statutory Provision: Section 3(1) of the Protection of Human Rights Act, 1993, states, “The Central Government shall constitute a body to be known as the National Human Rights Commission to exercise the powers conferred upon it.”

Composition of the NHRC

The NHRC comprises a chairperson and members appointed by the President of India, with a structure designed to ensure expertise and diversity. The composition is governed by Section 3 and Section 4 of the Protection of Human Rights Act, 1993:

Chairperson: A retired Chief Justice of India or a retired Supreme Court judge (Section 3(2)(a)).
Members: Includes one member who is or has been a Supreme Court judge, one who is or has been a High Court Chief Justice, and two members with knowledge or experience in human rights (Section 3(2)(b-d)).
Ex-Officio Members: Chairpersons of the National Commission for Minorities, National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women, National Commission for Backward Classes, National Commission for Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities (Section 3(3)).
Appointment Process: Appointed by the President on the recommendation of a committee comprising the Prime Minister (chair), Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, Leaders of Opposition in both Houses, and the Home Minister (Section 4).
Tenure: Members serve a term of three years or until age 70, whichever is earlier, and are eligible for reappointment (Section 6, as amended in 2019).

UPSC Tip: Note the 2019 amendment reducing the tenure from five to three years and allowing reappointment, which has raised concerns about independence.

[](https://m.thewire.in/article/rights/indias-national-human-rights-commission-faces-historic-downgrade-as-un-linked-body-flags-govt-interference?utm=relatednews)

Functions and Powers

The NHRC’s functions and powers are outlined in Section 12 of the Protection of Human Rights Act, 1993, and include both investigative and advisory roles:

Inquiry into Violations: Inquire into complaints of human rights violations or negligence by public servants (Section 12(a)).
Suo Motu Action: Take cognizance of human rights violations on its own initiative, such as cases of custodial deaths or rape.
Inspection: Visit jails or other institutions to study living conditions and recommend reforms (Section 12(c)).
Research and Awareness: Promote human rights literacy, conduct research, and spread awareness through programs and publications (Section 12(g-h)).
Recommendations: Recommend compensation for victims, prosecution of offenders, or remedial measures to the government (Section 18).
Judicial Powers: Exercise powers of a civil court, such as summoning witnesses, enforcing attendance, and requiring document production (Section 13).

Note: The NHRC can only recommend actions; it lacks the authority to enforce its recommendations or prosecute offenders directly.

Limitations of the NHRC

Despite its mandate, the NHRC faces several limitations that impact its effectiveness:

Non-Binding Recommendations: The NHRC’s recommendations are advisory, not mandatory, limiting its enforcement power.
Jurisdictional Restrictions: Cannot investigate cases involving armed forces or matters pending before other commissions (Section 19).
Time Limit: Cannot inquire into complaints filed after one year of the incident (Section 36(2)).
Dependence on Government: Relies on the central government for funding and staffing, raising concerns about autonomy.
Criticism of Inaction: Reports have highlighted failures to address rights violations of marginalized communities effectively.

UPSC Tip: Compare the NHRC’s powers with those of State Human Rights Commissions (SHRCs) under the same Act for a comprehensive understanding.

UPSC Relevance

The NHRC is a key topic in the UPSC syllabus under Indian Polity (GS Paper II) and Governance. Aspirants should focus on:

Provisions of the Protection of Human Rights Act, 1993 (Sections 3, 4, 12, 18, etc.).
NHRC’s role in promoting human rights and its alignment with the Paris Principles.
Key cases handled by the NHRC, such as suo motu actions on custodial deaths or atrocities.
Contemporary issues, including debates on NHRC’s independence and its accreditation status with GANHRI.

"The NHRC stands as a guardian of human dignity, striving to uphold justice in a diverse democracy." – Studynoteshub