The National Human Rights Commission (NHRC) is a statutory body established in 1993 under the Protection of Human Rights Act, 1993. It functions as the watchdog for the protection and promotion of human rights in India, particularly those relating to life, liberty, equality, and dignity guaranteed by the Constitution and international human rights covenants enforceable by Indian courts.

Objectives

The commission was created to:

• Strengthen institutional mechanisms for addressing human rights issues effectively.
• Investigate allegations of violations or excesses, especially those involving public servants, in an independent manner.
• Support and complement existing institutions working toward human rights protection.

Composition

NHRC is a multi-member body consisting of:

• Chairperson: Former Chief Justice of India or a judge of the Supreme Court.
• Members:
  • A serving or retired judge of the Supreme Court.
  • A serving or retired Chief Justice of a High Court.
  • Three members with knowledge or practical experience in human rights (at least one woman).

Ex-officio members: Chairpersons of the following national commissions:

• National Commission for Minorities
• National Commission for Scheduled Castes
• National Commission for Scheduled Tribes
• National Commission for Women
• National Commission for Backward Classes
• National Commission for Protection of Child Rights
• Chief Commissioner for Persons with Disabilities.

Members are appointed by the President based on recommendations of a six-member committee headed by the Prime Minister and including leaders of Parliament and the Union Home Minister.

Tenure and Removal

• Tenure: 3 years or until 70 years of age (whichever is earlier); eligible for reappointment.
• After tenure, members are not eligible for further government employment.
• Members may resign to the President.
• Removal by the President on grounds such as misbehaviour, incapacity, insolvency, infirmity, conflict of interest, or conviction, usually after a Supreme Court inquiry.

Functions

Key functions of NHRC include:

Investigation and Monitoring

• Inquire into human rights violations or negligence by public servants.
• Intervene in court proceedings involving human rights issues.
• Visit prisons and detention centres to examine living conditions.

Legal and Policy Review

• Review constitutional and legal safeguards for human rights.
• Study factors such as terrorism that inhibit human rights.
• Examine international treaties and recommend effective implementation.

Promotion and Awareness

• Promote human rights literacy and awareness among the public.
• Encourage the work of NGOs and civil society in human rights protection.
• Conduct research and education programs.

Recommendations after Inquiry

The commission may:

• Recommend compensation or damages to victims.
• Suggest prosecution or disciplinary action against officials.
• Approach the Supreme Court or High Courts for directions or writs.
• Recommend interim relief to victims.

Nature and Role

NHRC mainly performs an advisory and recommendatory role. Its recommendations are not legally binding, but governments are expected to respond within one month. Despite this limitation, the commission plays a significant role in protecting human rights, spreading awareness, and influencing policy and governance reforms in India.