NATIONAL HUMAN RIGHTS COMMISSION- NHRC

The Government of India, to ensure a free and fair Redressal of human rights violation, enacted
the Human Rights Protection Act, 1993. It thus made efforts to fulfil its Constitutional obligation
to protect each and every citizen and in consonance with the said Act, the National Human Rights
Commission, henceforth addressed as NHRC, came into existence. 
The Commission has a Chairman (usually a retired Chief Justice of Supreme Court) and seven
other members belonging to the judiciary branch. The members are appointed by the President of
India and could be removed only on grounds that are serious in nature like convicted or adjudged
as insolvent. The Commission is assisted by a Secretary General, Police, Administrative,
Technical and Scientific staff.

The Commission’s functions include the following: 

1. To inquire into the violation of human rights or abetment thereof either on its own or on a
petition submitted by an affected party or on his behalf by any person, or negligence shown by a
public servant in the prevention of such a violation.

2. To intervene in any of the proceedings pending before a court with the permission of such court
on any complaint of violation of human rights.

3. To visit any jail, or any institution where persons are detained or lodged for purposes of
treatment, reformation or protection under the control of a state government with an advance
notice to study the living conditions of the inmates and to make recommendations.

4. To review the safeguards for the protection of human rights provided by the

Constitution or any of the existing law and to suggest measures to Central and State Governments
for their effective implementation.

5. To review all the aspects that inhibit the enjoyment of human rights including acts of terrorism
and recommend the remedial measures to the Government.

6. To study the treaties and other international instruments on human rights and make
recommendations to the central government for their effective implementation.

7. To undertake and promote research in the field of human rights.
8. To propagate the concept of human rights and to promote the awareness for their protection
among various sections of the society, it can undertake publication of
books or pamphlets or conduct seminars, or use the media or any other meansavailable to it.

9. To promote and support the non-governmental organizations and institutions working in the
field of human rights.

Powers of the Commission 

1. The Commission exercises the same powers of a civil court under the Civil Procedure Code,
can give summons, enforce or request any public record examination of witnesses, etc.,
 2. It can direct any person to submit such information as required by it; the person(s)is bound
legally to furnish the same.

3. It can seize any document or enter any building concerning any matter of inquiry subject to the
provisions of Criminal Procedure Code.

4. In case of accused persons, the Commission is empowered to record facts, as specified under
the Criminal Procedure Court and can also transmit the case to a Magistrate for conducting the
trial.

5. The Commission may adopt different procedures such as calling for information or report
either from central or state government concerned within a time frame or if it deems needs
immediate action, it need not even consult relevant government or authority.

6. The Commission may authorise Central Government to submit any required report; the
government is bound to inform the Commission about the action taken; and the Commission has
to publish related report giving its recommendations.

7. The Commission also exercises investigative powers, utilise services of any officer or
investigative agency and examine their statements.

8. The Commission may enquire into the conduct of any person but with certain limitations; it
cannot do so if the inquiry affects the reputation of any person.

The existence of NHRC clearly expresses the government’s commitment to ensure human rights,
international accountability and treaty obligations to the UDHR. The NHRC has different roles to
fulfil, which are given as follows:  as an inquiry agency- where it can inquire into the incidence of human rights violations like
custodial deaths, encounter killings, police atrocities, reports of starvation, and so on.

 As an agency of reform- it can also study the issue of overcrowding of prisons,
recommend the introduction of vocational courses, provide medical care, and ensure
humane and just conditions.

 As an agency of reviewing existing laws and international obligations- the Commission asked
the Law Commission to review the Terrorist Disruptive Activities (Prevention) Act (TADA). It
can also contribute significantly to issues relating to child labour andchild prostitution.

 As an agency to promote Human Rights Education- the Commission plays a key role
in promoting human rights education and increase awareness among large sections of people about such rights. This would include groups like ministers, civil servants, Human
Resource Development Ministry, NCERT, police, military, academicians, NGOs etc.