Protection of Human Rights Act, 1993

Background and evolution

In the early 1990s, India faced international criticism over human rights violations in insurgency-affected areas such as Punjab, Jammu and Kashmir and the Northeast. The UN adopted the Paris Principles in 1991 and 1993, setting standards for independent national human rights institutions. India promulgated the Protection of Human Rights Ordinance in September 1993, and the NHRC was set up on 12 October 1993. The Act replaced the ordinance in January 1994, with retrospective effect.

The Act was amended in 2006 and 2019. The 2019 amendment allowed a former Supreme Court judge, not only a former Chief Justice, to be the NHRC chairperson, reduced the term to three years, increased the number of members and allowed reappointment. It also allowed any former High Court judge to chair State Human Rights Commissions.

Key features and provisions

• Definition of human rights (Section 2(d)): rights relating to life, liberty, equality and dignity guaranteed by the Constitution or embodied in international covenants and enforceable by Indian courts.
• Composition of NHRC: a chairperson, a member who is or was a Supreme Court judge, a member who is or was Chief Justice of a High Court, and three members with knowledge of human rights, of whom at least one must be a woman; ex officio members include chairpersons of national commissions for SCs, STs, women, minorities, backward classes, child rights and the Chief Commissioner for Persons with Disabilities.
• Appointment: by the President on recommendation of a committee chaired by the Prime Minister, with the Lok Sabha Speaker, Home Minister, leaders of opposition in both Houses and the Deputy Chairman of the Rajya Sabha.
• Functions (Section 12): inquire into violations by public servants or negligence in preventing them, intervene in court proceedings, visit jails, review safeguards, study treaties, promote research and awareness.
• Powers: of a civil court in inquiries; may recommend compensation, prosecution and interim relief.
• Armed forces (Section 19): the NHRC can only seek a report from the Union government in complaints against armed forces.
• Human Rights Courts: each district may have a Sessions Court designated for speedy trial of human rights offences.