NATIONAL HUMAN RIGHTS COMMISSION (NHRC)

The composition of the National Human Rights Commission (NHRC) includes a chairperson and several members appointed by the President of India. According to the Protection of Human Rights Act, 1993, the NHRC consists of:

• Chairperson: The chairperson is appointed by the President of India and must be a retired Chief Justice of the Supreme Court or a serving or retired Judge of the Supreme Court.

• Members: The NHRC can have up to four members, including a member who is or has been a Judge of the Supreme Court, a member who is or has been the Chief Justice of a High Court, and two other members who have knowledge or practical experience in matters relating to human rights.

These appointments aim to ensure the independence, expertise, and credibility of the NHRC in addressing human rights issues effectively. The members serve fixed terms as specified by the Act, and they collectively contribute to the commission's efforts to protect and promote human rights across the country

5.Appointment of NHRC Members

The appointment of members to the National Human Rights Commission (NHRC) follows a process outlined in the Protection of Human Rights Act, 1993. Here's an overview of the appointment procedure:

• Selection Committee: A Selection Committee is constituted to recommend candidates for appointment as Chairperson and members of the NHRC. The Selection Committee is chaired by the Prime Minister of India and includes the following members:

  • The Speaker of the Lok Sabha (House of the People) or the Deputy Speaker, in case the Speaker is unable to attend.
  • The Minister in charge of the Ministry of Home Affairs in the Government of India.
  • The Leader of the Opposition in the Lok Sabha.
  • The Leader of the Opposition in the Rajya Sabha (Council of States) in the absence of the Leader of the Opposition in the Lok Sabha

• The NHRC is authorized to inquire into complaints of human rights violations received from individuals or groups. It can investigate violations committed by public servants or by any authority or person acting under the government's authority
• The Commission has the power to monitor human rights violations, including through suo moto action, where it can initiate an inquiry based on media reports, complaints, or its own knowledge
• Following investigations or inquiries, the NHRC can make recommendations to the concerned authorities for remedial action, prosecution, or compensation to victims of human rights violations
• The NHRC engages in activities to raise awareness about human rights issues through seminars, workshops, publications, and other educational programs
• It advises the government on policies and measures to promote and protect human rights effectively
• The NHRC can intervene in court proceedings related to human rights violations, either as a party or as amicus curiae (friend of the court)
• The Commission conducts research and studies on human rights issues to better understand the challenges and formulate appropriate responses
• Based on its findings and experiences, the NHRC can recommend legislative reforms to strengthen human rights protection in the country
• The NHRC collaborates with international human rights organizations and participates in international forums to promote human rights globally
• The NHRC has the authority to visit and monitor places of detention, such as prisons and juvenile homes, to ensure that inmates' human rights are respected

• The NHRC lacks direct enforcement authority. It can investigate human rights violations, make recommendations, and issue guidelines, but it cannot enforce its decisions or ensure their implementation. Its recommendations are non-binding, and compliance by government agencies or other authorities is voluntary.
• The process of investigation and resolution of complaints by the NHRC can be lengthy and time-consuming, leading to delays in providing justice to victims of human rights violations. This delay can undermine the effectiveness of the NHRC in addressing urgent and serious violations
• The NHRC operates with limited resources, including budgetary allocations and staffing. This constraint can affect its capacity to handle a large number of complaints effectively and conduct thorough investigations into human rights violations
• The NHRC's jurisdiction is limited to investigating human rights violations committed by public servants or authorities acting under the government's authority. It may not have jurisdiction over violations by non-state actors or in certain areas like the armed forces, where separate mechanisms exist
• There have been instances where political pressures or interference have affected the independence and impartiality of the NHRC. Political influence can hinder its ability to address human rights violations objectively and without bias
• Many people, especially in rural areas and marginalized communities, may not be aware of the NHRC's existence or how to access its services. This lack of awareness and accessibility can prevent victims of human rights violations from seeking redress through the commission
• Even when the NHRC makes recommendations for remedial action or compensation, there may be instances where these recommendations are not implemented fully or effectively by the concerned authorities