National Human Rights Commission of India

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NHRC logo
National Human Rights Commission
राष्ट्रीय मानवाधिकार आयोग
Agency overview
Formed 12th October 1993
Legal personality Governmental: Government agency
Jurisdictional structure
Federal agency India
General nature
Operational structure
Headquarters New Delhi, India
Agency executives
  • Justice H. L. Dattu, Chairman
  • Satynarayan Mohanty, Secretary General
Website
Official website

The National Human Rights Commission (NHRC) of India is an autonomous public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993.[1] It was given a statutory basis by the Protection of Human Rights Act, 1993 (TPHRA).[2] The NHRC is the national human rights institution, responsible for the protection and promotion of human rights, defined by the Act as "rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants".

"Human Rights" 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. "Commission" means the National Human Rights Commission constituted under section of All human beings are born free and equal in dignity and rights known as Human rights, as commonly understood, are the rights that every human being is entitled to enjoy freely irrespective of his religion, race, caste, sex and nationality, etc. (Jagdish chand, 2007) In Declaration of Independence acknowledged the fundamental human rights. Human right means different thing to different people. Human Rights are not static. New rights are recognized and enforced from time to time. Only persons fully conversant with the latest development about the expanding horizons of Human Rights can promote their awareness better than others.

Functions[edit]

TPHRA mandates the NHRC to perform the following functions:[2]

  • proactively or reactively inquire into violations of human rights or negligence in the prevention of such violation by a public servant
  • by leave of the court, to intervene in court proceeding relating to human rights
  • to visit any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates and make recommendations
  • 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 the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures
  • to study treaties and other international instruments on human rights and make recommendations for their effective implementation
  • undertake and promote research in the field of human rights
  • engage in human rights education 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
  • encourage the efforts of NGOs and institutions working in the field of human rights
  • such other function as it may consider it necessary for the protection of human rights.

Composition[edit]

The NHRC (National Human Rights Commission) consists of:

  • A Chairperson, retired Chief Justice of India
  • 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 and ST 3.Women) serve as ex officio members.

Chairperson and Members[edit]

The chairperson of the NHRC is Justice Shri H.L. Dattu and the other members are:[3]

  • Justice Shri Cyriac Joseph
  • Justice Shri D. Murugesan
  • Shri Sharad Chandra Sinha

Ex-officio members:

State Human Rights Commission[edit]

A State Government may constitute a body known as the Human Rights Commission of that State to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission. In accordance to the amendment brought in TPHRA,1993[4] point No.10 below is the list[5] of State Human Rights Commissions formed to perform the functions of the commission as stated under chapter V of TPHRA,1993 (with amendment act 2006). At present, 23 states have constituted SHRC[4]

State Commission City Date constituted
Assam Human rights Commission Guwahati 19 January 1996
Andhra Pradesh State Human rights Commission Hyderabad --
Bihar Human rights Commission Patna 3 January 2000
Chhattisgarh Human Rights Commission Raipur 16 April 2001
Gujrat State Human Rights Commission [6] Gandhinagar 12 September 2006
Goa Human Rights Commission Panaji --
Himachal Pradesh State Human rights Commission Shimla --
Jammu and Kashmir Sri Nagar
Kerala State Human Rights Commission Thiruvananthapuram 11 December 1998
Karnataka State Human Rights Commission Bangalore 28 June 2005
Madhya Pradesh Human Rights Commission Bhopal 1 September 1995
Maharashtra State Human Rights Commission Mumbai 6 March 2001
Manipur State Human Rights Commission Imphal --
Odisha Human rights Commission Bhubaneswar 27 January 2000
Punjab Human Rights Commission Chandigarh --
Rajasthan State Human rights Commission Jaipur 18 January 1999
State Human Rights Commission Tamil Nadu Chennai 17 April 1997
Uttar Pradesh Human Rights Commission Lucknow 7 October 2002
West Bengal Human Rights Commission Kolkata 8 January 1994
Jharkhand State Human Rights Commission Ranchi --
Sikkim State Human Rights Commission Gangtok 18 October 2008
Uttarakhand Human Rights Commission Dehradun 13 May 2013
Haryana Human Rights Commission Chandigarh --

Appointment[edit]

Sections 3 and 4 of TPHRA lay down the rules for appointment to the NHRC. The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of:

Former chairpersons[edit]

Sr
No
Name Tenure
1. Justice Ranganath Misra 12 October 1993 - 24 November 1996
2. Justice M N Venkatachaliah 26 November 1996 - 24 October 1999
3. Justice J S Verma 4 November 1999 - 17 January 2003
4. Justice A S Anand 17 February 2003 - 31 October 2006
5. Justice S. Rajendra Babu 2 April 2007 - 31 May 2009
6. Justice K G Balakrishnan 7 June 2010 - 11 May 2015
7. Justice H.L. Datt 29 Feb-2016

Acting Chairpersons[edit]

  • Justice Cyriac Joseph from May 11, 2015 to February 28, 2016
  • Dr. Justice Shivaraj Patil, from November 1, 2006 to April 1, 2007
  • Justice G P Mathur, from June 1, 2009 to June 6, 2010

International status[edit]

The NHRC has been accredited with "A status" by the International Coordinating Committee of National Human Rights Institutions (the ICC), indicating that it is in conformity with the Paris Principles – a broad set of principles agreed upon by a conference of experts on the promotion and protection of human rights, in Paris in October 1991, and subsequently endorsed by the UN General Assembly. The Commission is thus entitled to participate in the ICC and in its regional sub-group, the Asia Pacific Forum, and may take part in certain sessions of the UN human rights committees.

Controversy[edit]

A report concerning the manner of which the Shivani Bhatnagar murder controversy case was rejected, a case which involved high-ranking officials being implicated in the murder of a journalist, opened the organisation up to questioning over the usefulness of human rights commissions set up by the government at the national and state levels.[7]

In mid-2011, the chairman of the NHRC, ex-Chief Justice K.G. Balakrishnan came under a cloud for allegedly owning assets disproportionate to his income.[8] His son-in-law P. V. Srinijan, an Indian National Congress politician, had to resign for suddenly coming into possession of land worth Rs. 25 lakhs.[9] Many prominent jurists, including former CJ J. S. Verma, SC ex-Judge V. R. Krishna Iyer, noted jurist Fali S. Nariman, former NHRC member Sudarshan Agrawal and prominent activist lawyer Prashant Bhushan, have called on Balakrishnan's resignation pending from the HRC pending inquiry.[10] In February 2012, the Supreme Court inquired of the government regarding the status of the inquiry.[11]

HRC's recommendations[edit]

NHRC held that 16 out of 19 police encounters with suspected maoists in Guntur and Kurnool districts of Andhra Pradesh, prior to 2002 were fake and recommended to Government payment of compensation of Rs 5 lakh each to the kin of the families.[12]

References[edit]

External links[edit]