Human Rights Issues

National Human Rights Commission (NHRC)

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NHRC, its Composition, Functions and Powers

Why in the News?

Justice (Retd.) V Ramasubramanian has been appointed as the new chairperson of the National Human Rights Commission (NHRC). Priyank Kanoongo (former NCPCR chief) and Dr. Justice Bidyut Ranjan Sarangi (Retd.) have been appointed as NHRC Members.

About National Human Rights Commission (NHRC)

Overview  A Statutory Body formed under the Protection of Human Rights Act (PHRA), 1993.
Composition and Membership Chairperson: Must be a former Supreme Court Justice or Chief Justice; appointed by the President.

Members:

  • Four full-time members:
    • 1 ex-SC Judge (Chairperson),
    • 1 ex-SC Judge,
    • 1 ex-Chief Justice of a High Court,
    • 1 with knowledge/experience in human rights.
    • At least one woman among the members.
  • Seven ex-officio members: Chairpersons of National Commissions (e.g., SC/ST, Women, Minorities, etc.) + Chief Commissioner for Persons with Disabilities.

Appointment Process:

  • The President appoints based on a recommendation committee (PM, Speaker of Lok Sabha, Home Minister, Leaders of Opposition, etc.).
  • Judicial appointments: Consultation with the Chief Justice of India.
  • Removal: By an order of the President, after consultation with the Supreme Court.

Terms of Office:

  • 3-year term or until the age of 70.
  • Eligible for reappointment, but not for other government jobs.
  • Salaries: Determined by the Central Government.
  • Reporting: Submits reports to the Centre and concerned states; these are tabled before legislatures with an action-taken report.

Limitations:

  • No inquiry after one year from the alleged violation.
  • Functions are recommendatory; no direct power to punish or award relief.
  • Limited role in armed forces cases.
Powers and Functions Functions:

  • Inquire into alleged human rights violations.
  • Recommend interim relief to victims or families.
  • Intervene in court proceedings on human rights matters.
  • Review constitutional/legal safeguards for human rights.
  • Study international human rights instruments.
  • Promote human rights literacy.
  • Support NGOs in human rights work.

Powers:

  • Can regulate its own procedure.
  • Has all powers of a civil court, with judicial character.

 

PYQ:

[2020] Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)?

  1. Preamble
  2. Directive Principles of State Policy
  3. Fundamental Duties

Select the correct answer using the code given below:

(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

[2021] Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations, suggest remedial measures.

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