National Human Rights Commission

National Human Rights Commission is a statutory body established under the Protection of Human Rights Act, 1993, and forms an important part of Indian Polity. It is entrusted with the responsibility of protecting and promoting human rights relating to life, liberty, equality, and dignity of individuals. The Commission acts as a watchdog by inquiring into violations, recommending remedial measures, and spreading human rights awareness in society.

National Human Rights Commission

National Human Rights Commission : Establishment and legal status

  • Basis of formation: This was done under the Protection of Human Rights Act, 1993 passed by the Parliament.
  • Initial ordinances: The Ordinance on Protection of Human Rights was issued by the President on 28 September 1993.
  • Assent to the Bill: The Human Rights Bill, 1993 was passed by Parliament and received the President’s assent on 8 January 1994.
  • Effective Date: This Act came into force with retrospective effect from 28 September 1993.
  • Installation: The Commission was established on 12 October 1993.
  • Nature: It is a statutory body, not a constitutional body.
  • Motto-‘Let everyone be happy:’

Act

  1. Protection of Human Rights Act, 1993
  2. Protection of Human Rights (Amendment) Act, 2006
  3. The Protection of Human Rights (Amendment) Act, 2019

Role and definition of the Commission

  • The National Human Rights Commission is called the “watchdog of human rights” in the country.
  • It protects rights that:
    • guaranteed by the Indian Constitution,
    • are described in international treaties, and
    • Can be enforced by Indian courts.
  • This includes:
    • right to life,
    • Freedom,
    • Equality,
    • Personal dignity etc.

Vision and Mission

  • The National Human Rights Commission of India is established by the Parliament under the Protection of Human Rights Act, 1993, to protect and promote human rights.
  • The functions of the Commission are described in Section 12 of the Act.
  • The Commission investigates complaints of human rights violations or negligence in preventing such violations by a public servant.
  • The Commission studies treaties and international instruments on human rights.
  • The Commission makes recommendations to the Government for their effective implementation.
  • The Commission is responsible for spreading human rights awareness among the general public.
  • The Commission encourages the efforts of all stakeholders in the field of human rights literacy.
  • This responsibility lies at the national and international levels.
  • The NHRC is one of the few National Human Rights Institutions (NHRIs) in the world headed by a former Chief Justice of the country.
  • The world looks up to India’s NHRC as a role model in the effective implementation of the promotion and protection of human rights.
  • Section 2(1)(d) of the PHR Act defines human rights as rights relating to life, liberty, equality and dignity of the individual.
  • These rights are guaranteed by the Constitution or included in international constitutions and are enforceable by courts in India.
  • The NHRC plays an active role in coordinating with other NHRIs around the world to raise awareness from a human rights perspective.
  • The Commission has hosted delegations from UN bodies and other national human rights commissions, civil society, lawyers and political and social activists.

Objectives of establishment

  1. Strengthening institutional mechanisms to ensure appropriate resolution of human rights violations.
  2. Independent monitoring of the government to ensure the government’s commitment to human rights protection.
  3. Strengthening human rights protection efforts to ensure their systematic, effective, and comprehensive reach.

Composition of NHRC (Section 3)

As per the Protection of Human Rights (Amendment) Act, 2019 

  • Nature of the Commission:
    • It is a multi-member body.
    • Total Members: 1 Chairman + 5 Full-time Members + 7 Ex-Officio Members
  • 01 Chairman – Retired Chief Justice or other Judge of the Supreme Court
    • Initially, only retired Chief Justices of the Supreme Court could become Chairman.
    • After the 2006 amendment, other retired judges of the Supreme Court are also eligible to become the Chairman.
  • 5 full-time members-
    • 01 Member –A serving or retired judge of the Supreme Court
    • 01 Member –A serving or retired Chief Justice of a High Court
    • 03 members –Three members, of whom at least one shall be a woman, appointed from amongst persons having knowledge of or experience in human rights.
      • Earlier the number was 02. There was no provision for women.
  • 07 Ex-officio Members:
    • These include the chairpersons of the following commissions:
      1. National Commission for Scheduled Castes
      2. National Commission for Scheduled Tribes
      3. National Commission for Minorities
      4. National Commission for Women
      5. National Commission for Backward Classes
      6. National Commission for Protection of Child Rights
      7. Chief Commissioner for Persons with Disabilities
        • (Before amendment 4 members, now 7 ex-officio members)
    • The Commission will have a Secretary General, who will be the Chief Executive Officer.
    • The headquarters of the Commission will be in Delhi.
      • Offices can be opened at other places with the prior permission of the Central Government.

Appointment – (Section 4)

  • The Chairman and members of the Commission are appointed by the President on the recommendation of a six-member committee headed by the Prime Minister.
  • Members of the Selection Committee:
    1. Prime Minister as Chairman
    2. Speaker of the Lok Sabha
    3. Deputy Chairman of the Rajya Sabha
    4. Leader of the Opposition in the Lok Sabha
    5. Leader of the Opposition in the Rajya Sabha
    6. Minister in charge of the Ministry of Home Affairs
  • If the members are retired judges of the Supreme Court or a High Court, they are appointed on the advice of the Chief Justice of India.

Procedure for removal of Chairperson and Members – (Section 5)

  1. Removal method:
    • Only the President can remove the Chairman or any member of the Commission.
    • If there are allegations of misconduct or incapacity:
      • The President gets the investigation done by the Supreme Court.
      • He can be removed from the post only after getting the consent of the Supreme Court.
  2. Other grounds on which the Chairperson or a Member may be removed:
  • They are declared insolvent
  • Is found to be engaged in any other job or business activity while holding the post.
  • Suffer from a mental or physical disability.
  • Be declared mentally unsound by the court.
  • Be convicted of a crime.

Tenure of office – (Section 6)

  • Tenure of the Chairman and Members of the Commission:
    • 3 years or 70 years of age (whichever is earlier)
      • (Earlier this tenure was 5 years, which was revised in 2019)
    • Eligible for reappointment, but cannot hold office after age 70.
    • After ceasing to hold office, the Chairman or a Member shall not be eligible for any other employment under any Government.

Functions of Member as Chairman (Section 7)

  • In case of death, resignation or vacancy of the Speaker, the President may appoint any member as Acting Speaker.
  • In the absence of the Speaker, the President shall, by notification, authorise a member to perform the duties as Acting Speaker.

Salary, allowances and conditions of service – (Section 8)

  • The salaries, allowances and other conditions of service of the Chairperson and Members shall be determined by the Central Government.
  • But no adverse change can be made after appointment.

Validity of proceedings of the Commission – (Section 9)

  • No act or decision of the Commission shall be invalid by reason of the existence of a vacancy in, or defect in, its constitution.

Procedure and regulations – (Section 10)

  • The Commission shall meet at such time and place as may be fixed by the Chairman.
  • The Commission may regulate its own procedure.
  • All orders and decisions shall be authenticated by the Secretary-General or the Chairman.

Officers and other employees – (Section 11)

  • The Central Government shall make available to the Commission:
    • Secretary General – An officer of the rank of Secretary to the Government of India.
    • Police and investigation staff, administrative and other necessary officers.
  • The Commission may appoint other administrative, technical and scientific staff.
  • The salaries, allowances and service conditions of these employees will be determined as prescribed.

Annual and special reports of the Commission – Section 20

  • Annual report –
    • The Commission will submit its annual report every year to the Central Government and the concerned State Government.
  • Special Report –
    • If there is any matter which is very urgent or important and which cannot be postponed till the annual report, then the Commission can also send a special report on it to the Government at any time.
  • Laying of reports to Parliament and Legislature –
    • The Central Government will place the report of the Commission before both the Houses of Parliament (Lok Sabha and Rajya Sabha).
    • The State Government shall place the report of the Commission before the concerned State Legislature.
  • Along with this, the government will also have to submit –
    • What action has been taken or what will be taken next on the recommendations of the Commission.
    • If any recommendation is not accepted, the reasons for the same will also have to be given.

Departmental Structure of NHRC (Main Departments):

  • The Commission has the following five major departments for the effective performance of its functions:
    1. law Department – Legal advice, investigation of complaints and work related to legal process.
    2. Investigation Department – Investigation and verification of facts of human rights violations
    3. Department of Policy Research and Programmes – Work related to policy making, study and analysis.
    4. Training department – To spread awareness about human rights and organize training programmes.
    5. Administration Department – Internal administrative set-up and management of the Commission.

Functions of the Commission (Section 12)

  • The NHRC performs the following functions to protect and promote human rights:
  1. Investigation work
    • Investigate complaints of human rights violations, whether:
      • been done by any person.
      • been ignored by a public servant.\
      • suo motu or on the direction of the court.
  2. Intervention in court
    • Intervening in human rights cases pending in courts.
  3. Inspection of jails/prisons
  4. Review of constitutional and legal provisions
  5. Review of terrorism and other causes
  6. Study of international documents
  7. Research and studies
  8. public awareness
  9. NGO support
  10. Other supporting functions

Functioning of the National Human Rights Commission (NHRC)

Headquarters and Office
  • The head office of the Commission is located in New Delhi.
  • It may also open offices at other places in India.
Judicial structure and powers
  • summoning witnesses,
  • to demand evidence,
  • ordering the production of documents, etc.
  • Its work is of judicial nature.
Power to call for information
  • The Commission may call for reports or information from the Central/State Governments.
  • It can take the services of any public officer or investigating agency
Detection Mechanism
  • The Commission has its own independent investigation team.
  • If necessary, help of government investigation agencies can also be taken.
  • The Commission collaborates with NGOs to provide early information on human rights violations.
Time limit for investigation
  • The Commission can only investigate cases that occurred within a year.
  • The Commission cannot investigate cases that are more than one year old.
    • On the Commission’s recommendation, the A.M. Ahmadi Committee was formed, which stated that the Commission should be empowered to investigate a case even after the expiry of one year.
    • If there is any valid reason for not filing the complaint within the stipulated time.

Recommendations of the Commission after the investigation

  • Upon completion of the investigation, the Commission may take the following steps:
    • Recommendation for compensation to the victim.
    • Recommendation for action against the guilty public servant.
    • Recommendation for providing interim assistance to the victim.
    • Can file a petition in the High Court or the Supreme Court.

Role of the Commission: Advisory, not binding

  • The Commission only provides recommendations or advice; it cannot impose penalties or provide financial assistance.
  • Governments may ignore the Commission’s recommendations, but:
    • They have to respond to the Commission within 1 month.
    • In most cases the government considers the Commission’s views.

Matters related to the armed forces

  • In such cases the powers of the Commission are limited.
    • It can give its opinion only after receiving reports from the Central Government.
    • The Central Government has to inform the Commission about the action taken on the basis of the report within 3 months.

Reporting Arrangements

  • The Commission sends its annual and special reports to the Central and State Governments.
    • These reports are presented before the respective legislatures.
    • The report also states that:
      • What action was taken on the recommendations of the Commission?
      • Or why it was not done.

The Supreme Court of India called the National Human Rights Commission (NHRC) a “Toothless Tiger” because:

  • Lack of power to punish
  • Conflicts of interest 
  • Recommendatory format
  • Limited powers over the armed forces

Protection of Human Rights (Amendment) Act, 2006

  1. The number of members of the State Human Rights Commission was reduced from 5 to 3.
  2. The eligibility criteria for membership were amended.
  3. The research system of the Commission was strengthened.
  4. During the investigation, it was empowered to recommend compensation.
  5. The state government got the right to inspect prisons without informing them.
  6. The process of recording witness testimony was strengthened.
  7. It was clarified that the position of the Chairman would be different from that of other members.
  8. The Commission got the right to transfer the complaint to the State Commission.
  9. The procedure for submitting resignation to the concerned President or Governor was clarified.
  10. The absence of any member of the Selection Committee will not affect the selection process.
  11. The Chairperson of the National SC/ST Commission will be a member of the NHRC.
  12. Power of the Central Government to notify international rules.

The Protection of Human Rights (Amendment) Bill, 2019

  • In addition to a person who has been the Chief Justice of India, a person who has been a Judge of the Supreme Court shall also be eligible to be appointed as the Chairman of the Commission;
  • Increasing the number of members of the Commission (persons with knowledge or experience of human rights) from two to three, one of whom shall be a woman;
  • Inclusion of the Chairperson of the National Commission for Backward Classes, the Chairperson of the National Commission for Protection of Child Rights and the Chief Commissioner for Persons with Disabilities as honorary members of the Commission; (earlier 4 members, now 7 ex-officio members)
  • Reducing the tenure of the Chairperson and Members of the Commission and State Commissions from five years to three years or till the age of 70 years, whichever is earlier, and making them eligible for reappointment;
  • It has been provided that not only the Chief Justice of the High Court but also a person who has been a Judge of the High Court will be eligible to become the Chairman of the State Commission.
  • To assign to the State Commissions the functions relating to human rights being performed by the Union Territories other than the Union Territory of Delhi, which will be dealt with by the Commission.

List of Chairpersons of the National Human Rights Commission

S. No.Name tenurefact 
Justice Ranganath Mishra1993 -1996 First 
Justice M.N. Venkatachaliah1996 – 1999 
Justice J. S. Verma1999 – 2003 
Justice A. S. Anand2003 – 2006
Justice Shivraj Patil2006 – 2007 (Acting)
Justice S. Rajendra Babu2007 – 2009 
Justice G. P. Mathur2009 – 2010 (Acting)
Justice K. G. Balakrishnan2010 – 2015 
Justice Cyriac Joseph 2015 – 2016 (Acting)
Justice H.L. Dattu2016 – 2020 
Justice Prafulla Chandra Pant2021 – 2021 (Acting)
Justice Arun Kumar Mishra2021 – 2024 
Ms. Vijaya Bharti Sayani2024 – 2024 (Acting)
Justice V.S. Ramasubramanian30 December 2024 to present

Former Chief Members of the Commission

S. No.Name fact
Shri Sudarshan AgarwalFormer Position: Secretary General, Rajya Sabha
Shri P.C. SharmaFormer Position: Director, CBI
Shri Satyavrat PalFormer position: High Commissioner of India to Pakistan
Shri Sharad Chandra SinhaFormer Position: Director General, NIA

Current Chairman and Members

S. No.NameWork allottedDate of assuming charge
1Justice Shri V.K. RamasubramanianChairman30/12/2024
2Dr. Justice Vidyut Ranjan SarangiMember30/12/2024
3Mrs. Vijaya Bharti SayaniMember28/12/2023
4Shri Priyank KanungoMember24/12/2024

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