Human Rights Issues

[pib] National Human Rights Commission (NHRC)

Note4Students

From UPSC perspective, the following things are important :

Prelims level: National Human Rights Commission

Why in the News?

The NHRC India has taken suo motu cognizance of the two alleged incidents of food poisoning related deaths in an orphanage in Andhra Pradesh.

About National Human Rights Commission (NHRC)

Details
Establishment As a Statutory Body and established under the Protection of Human Rights Act, 1993.
Functions
  • Inquire into any violation of human rights
  • Recommend immediate interim relief to victims or their families
  • Intervene in court proceedings involving human rights violations
  • Review constitutional and legal safeguards for human rights
  • Study international instruments on human rights
  • Support the efforts of NGOs working in the field of human rights
Powers
  • Regulate its own procedure
  • Possess all the powers of a civil court
  • Proceedings have a judicial character
  • May take any of the following steps upon the completion of an inquiry:
    • To recommend to the concerned government or authority to make payment of compensation or damages to the victim.
    • To recommend to the concerned government/authority the initiation of proceedings for prosecution or any other action against the guilty public servant.
    • To recommend to the concerned government/authority for the grant of immediate interim relief to the victim.
    • To approach the SC or the HC concerned for the necessary directions, orders, or writs.
Chairperson
  • Must be a former Justice of the Supreme Court or CJI(appointed by the President of India)
Members Four full-time members;

  • Chairperson: former Supreme Court Justice or Chief Justice;
  • Other Member: former Judge of the Supreme Court;
  • Other Member: former Chief Justice of a High Court;
  • Three Members: with knowledge or experience in human rights, including at least one woman –
    • Seven ex-officio members:  Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities.
Appointment
  • Appointed by the President based on a committee recommendation including the Prime Minister, Speaker of Lok Sabha, Home Minister, Leaders of the Opposition in Lok Sabha and Rajya Sabha, and others
  • Consultation with the Chief Justice of India for judicial appointments
Removal
  • By order of the President of India
  • Consultation with the Supreme Court before removal
Terms of Office
  • Hold office for a term of three years or until the age of 70
  • Ineligibility for further government employment after office
  • Eligible for reappointment
Salaries
  • Determined by the Central government
Reporting
  • Submits annual or special reports to the Central government and the concerned State government
  • Reports laid before the respective legislatures, along with a memorandum of action taken on the recommendations and reasons for non-acceptance of any recommendations
Limitations
  • The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed
  • Functions are recommendatory in nature, with no power to punish or award relief to violators
  • Limited role concerning armed forces violations

 

PYQ:

[2011] Consider the following:

  1. Right to education.
  2. Right to equal access to public service.
  3. Right to food.

Which of the above is/are Human Right/Rights under “Universal Declaration of Human Rights”?

(a) 1 only

(b) 1 and 2 only

(c) 3 only

(d) 1, 2 and 3

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