National and State Human Rights Commissions

Origin

The National Human Rights Commission (NHRC) is a statutory body set up on 12 October 1993 under the Protection of Human Rights Act (PHRA), 1993 – originally an ordinance of September 1993. It reflects the Paris Principles (1991, endorsed by the UN General Assembly in 1993) on national human rights institutions, which require independence, a broad mandate, pluralism and adequate resources. The Act defines human rights as rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in international covenants and enforceable by courts in India.

Composition (after the 2019 amendment)

• Chairperson: a person who has been Chief Justice of India or a judge of the Supreme Court (the 2019 amendment added "or a judge" – earlier only a former CJI could be chairperson).
• Members: one member who is or has been a Supreme Court judge; one who is or has been a High Court Chief Justice; and three members (at least one a woman) with knowledge or practical experience of human rights.
• Ex-officio members: chairpersons of the National Commissions for SCs, STs, Women, Minorities, Backward Classes and Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities.

Appointment: by the President on the recommendation of a six-member committee: the Prime Minister (chair), the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the Leaders of the Opposition in both Houses, and the Union Home Minister. A sitting Supreme Court judge or High Court Chief Justice can be appointed only after consulting the CJI.

Term: three years or until 70 years of age (reduced from five years by the 2019 amendment); eligible for re-appointment. After their term, they are not eligible for further employment under the Central or state governments. Removal by the President on grounds of insolvency, paid employment outside, infirmity, unsound mind or conviction; for proved misbehaviour or incapacity, the President must refer the matter to the Supreme Court, and can remove the person if the Court upholds it after inquiry.

Functions and powers

• Inquire into violations of human rights or negligence in preventing them by a public servant – suo motu, on a petition, or on a court's order.
• Intervene in court proceedings involving allegations of human rights violations.
• Visit jails and detention places to study living conditions of inmates.
• Review constitutional and legal safeguards and recommend measures; review factors inhibiting enjoyment of human rights, including terrorism.
• Study treaties and international instruments; undertake and promote research; spread human rights literacy; and encourage NGOs.

Powers: it has the powers of a civil court and its proceedings have a judicial character. It can require any person to provide information and can use the investigation services of the Central or state governments. It can recommend compensation to victims, initiation of prosecution or other action against guilty public servants, and interim relief. It can approach the Supreme Court or High Courts for directions or writs.

Limitations:

• It cannot inquire into a matter more than one year after the alleged violation.
• Its recommendations are not binding – the government must report action taken within one month, but need not comply. (The Supreme Court and High Courts have said its recommendations should not be lightly ignored.)
• For violations by the armed forces, it can only seek a report from the Central government and make recommendations; it cannot investigate independently.
• It cannot deal with violations by private parties (except through the State's failure).
• It depends on government investigators, and its chairpersons have mostly been retired judges, which critics say makes it court-like and slow.

The NHRC's accreditation status with the Global Alliance of National Human Rights Institutions (GANHRI) was deferred in 2023 and again in 2024, with concerns about appointments, the role of police officers in investigations and pluralism.

State Human Rights Commissions

The PHRA, 1993 also provides for a State Human Rights Commission (SHRC) in each state. Most states have one.

• Composition: a chairperson who has been Chief Justice or a judge of a High Court, and two members (a serving or retired High Court judge or district judge with seven years' experience, and a person with knowledge of human rights).
• Appointment: by the Governor on the recommendation of a committee headed by the Chief Minister, with the Speaker of the assembly, the state Home Minister, the Leader of the Opposition in the assembly, and – where a council exists – its Chairman and Leader of the Opposition.
• Removal: only by the President (not the Governor), on the same grounds as NHRC members.
• Term: three years or until 70; eligible for re-appointment.
• It can inquire only into subjects in the State List and Concurrent List; if the NHRC or another commission is already inquiring into a matter, the SHRC does not.
• The 2019 amendment allowed the Centre to confer functions relating to human rights in UTs on an SHRC (except Delhi, handled by the NHRC).

Human Rights Courts: the Act provides for a Human Rights Court in each district, a Sessions Court specified by the state government with the concurrence of the High Court Chief Justice, with a special public prosecutor, for speedy trial of human rights offences.

Human rights issues often discussed

• Custodial deaths and torture: the NHRC requires that every custodial death be reported within 24 hours. India signed the UN Convention against Torture in 1997 but has not ratified it; the Prevention of Torture Bill (2010) lapsed. The Law Commission's 273rd report (2017) recommended a law on torture.
• Encounter killings: the NHRC issued guidelines (1997, revised 2003 and 2010), and the Supreme Court in PUCL v State of Maharashtra (2014) laid down a 16-point procedure, including an independent investigation, a magisterial inquiry and informing the NHRC.
• Armed Forces (Special Powers) Act, 1958: the Jeevan Reddy Committee (2005) recommended repeal; in Extra Judicial Execution Victim Families Association (2016), the Court held that there is no absolute immunity for excessive force even in AFSPA areas. AFSPA has been progressively withdrawn from large parts of the North-East since 2022.
• Bonded labour, manual scavenging, trafficking and prison conditions (overcrowding and a high share of undertrials – over 70% of prisoners are undertrials according to Prison Statistics India).

Practice: Mains question

*"The NHRC is a toothless tiger." Do you agree? Suggest measures to make it more effective. (250 words)* Balance its achievements (custodial death reporting, compensation awards, interventions in Gujarat 2002, bonded labour, silicosis) against limitations (non-binding recommendations, armed forces exclusion, one-year limit, dependence on police for investigation, vacancies and composition). Suggest binding recommendations subject to appeal, an independent investigation cadre, inclusion of civil society members, and compliance with the Paris Principles.

Common traps

• NHRC is a statutory body (1993 Act), not constitutional.
• Chairperson: former CJI or Supreme Court judge (since 2019); term three years or 70.
• The selection committee is chaired by the PM and includes the Speaker, Deputy Chairman of the RS, both LoPs and the Home Minister.
• SHRC members are appointed by the Governor but removed by the President.
• NHRC cannot inquire into matters older than one year.