Every person has some basic rights. These include the right to life, liberty, equality and dignity. Sometimes these rights are violated, often by people in power. India has special bodies to look into such cases. At the centre, it is the National Human Rights Commission (NHRC). In the states, it is the State Human Rights Commission (SHRC). Exams ask about the law, the members, the selection and the powers. This post explains them in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- The NHRC was set up on 12 October 1993.
- It works under the Protection of Human Rights Act, 1993.
- It is a statutory body, not a constitutional body.
- Its first chairperson was Justice Ranganath Misra, a former Chief Justice of India.
- Its advice is recommendatory. It is not binding on the government.
1. What are human rights?
The law gives a clear meaning. Human rights are rights relating to life, liberty, equality and dignity of a person.
These rights are guaranteed by the Constitution. Some are also part of international covenants and can be enforced by Indian courts.
The idea grew strong after the Second World War. In 1948, the United Nations adopted the Universal Declaration of Human Rights. This happened on 10 December. So 10 December is observed as Human Rights Day.
In 1991, a UN meeting in Paris set rules for national human rights bodies. These rules are called the Paris Principles. The UN General Assembly endorsed them in 1993. India's NHRC was set up in line with them.
2. How the NHRC was set up
India passed the Protection of Human Rights Act, 1993. The NHRC was created under this law. It came into being on 12 October 1993.
Since it was made by a law of Parliament, it is a statutory body. It is not mentioned in the Constitution.
The law has been amended a few times. The main changes came in 2006 and 2019.
The NHRC has its headquarters in New Delhi. A senior officer called the Secretary-General runs its office.
3. Who makes up the NHRC?
The NHRC is a multi-member body. After the 2019 amendment, it has the following members.
| Post | Who can hold it |
|---|---|
| Chairperson | A former Chief Justice of India or a former Supreme Court judge |
| One member | A former or serving Supreme Court judge |
| One member | A former or serving Chief Justice of a High Court or High Court judge |
| Three members | Persons with knowledge of human rights; at least one must be a woman |
There are also deemed members. These are the heads of other national commissions. They include the chairpersons of the commissions for Scheduled Castes, Scheduled Tribes, Women, Minorities, Backward Classes and Child Rights. The Chief Commissioner for Persons with Disabilities is also included.
4. Appointment, term and removal
The chairperson and members are appointed by the President. The President acts on the advice of a six-member committee.
| Committee member |
|---|
| Prime Minister (head of the committee) |
| Speaker of the Lok Sabha |
| Deputy Chairman of the Rajya Sabha |
| Leader of the Opposition in the Lok Sabha |
| Leader of the Opposition in the Rajya Sabha |
| Union Home Minister |
The term is three years or up to the age of 70 years. Whichever comes first ends the term. Before 2019, the term was five years. Members can be re-appointed.
Who can remove them? Only the President. The grounds include insolvency, paid work outside, and unsound mind. For proved misbehaviour or incapacity, the Supreme Court must first inquire into the matter.
5. Functions and powers of the NHRC
The NHRC does many jobs.
- It inquires into violations of human rights. It can act on a complaint or on its own (suo motu).
- It can join court cases that involve human rights.
- It can visit jails and other such places to check living conditions.
- It reviews laws and treaties about human rights.
- It spreads awareness and supports research on human rights.
During an inquiry, the NHRC has the powers of a civil court. It can call witnesses and ask for documents.
After an inquiry, it can recommend compensation for the victim. It can also recommend action against the guilty officer. But these are only recommendations. The government is not bound to follow them. The government must, however, tell the NHRC what action it took.
The NHRC sends an annual report to the central government. It is placed before Parliament.
6. Limits on the NHRC
The NHRC has some clear limits.
- It cannot look into a matter that happened more than one year before the complaint.
- For the armed forces, its role is limited. It can only ask the central government for a report and then make recommendations.
- It does not take up a case that is already before another commission or a court.
- It cannot punish anyone on its own.
Because of these limits, some people call it a body that can "bark but not bite". Still, its reports and visits create pressure for better conduct.
7. State Human Rights Commissions and Human Rights Courts
The same Act allows each state to set up a State Human Rights Commission (SHRC). It handles human rights cases on subjects of the State and Concurrent Lists.
The SHRC chairperson must be a former Chief Justice of a High Court or a former High Court judge. Members are appointed by the Governor. But they can be removed only by the President. The term is three years or up to 70 years of age.
The Governor acts on the advice of a committee. It is headed by the Chief Minister. It includes the Speaker, the state Home Minister and the Leader of the Opposition.
The Act also provides for Human Rights Courts in districts. These are existing Sessions Courts named for faster trial of human rights cases.
8. Previous year questions
- When was the National Human Rights Commission set up? – 12 October 1993
- Under which Act was the NHRC established? – Protection of Human Rights Act, 1993
- The NHRC is what kind of body? – Statutory body
- Who was the first chairperson of the NHRC? – Justice Ranganath Misra
- Who appoints the chairperson and members of the NHRC? – The President
- Who heads the committee that recommends NHRC members? – The Prime Minister
- What is the term of the NHRC chairperson after the 2019 amendment? – 3 years or up to 70 years of age
- Human Rights Day is observed on which date? – 10 December
- The Universal Declaration of Human Rights was adopted in which year? – 1948
- Where is the headquarters of the NHRC? – New Delhi
- Who appoints the members of a State Human Rights Commission? – The Governor
- Who can remove the members of a State Human Rights Commission? – The President
- Can the NHRC inquire into a matter older than one year? – No
- Are the recommendations of the NHRC binding on the government? – No, they are recommendatory
- The rules for national human rights institutions are known as what? – Paris Principles
9. How to revise this topic
Start with the dates: 1948 for the UDHR, 10 December for Human Rights Day, 1993 for the Act and 12 October 1993 for the NHRC.
Next, learn the composition table and the six-member selection committee.
Then remember the 2019 changes: SC judge can be chairperson, three expert members with one woman, and a three-year term.
Finally, learn the SHRC difference: appointed by the Governor, removed by the President.
10. Frequently Asked Questions
What is the NHRC?
The National Human Rights Commission is an independent body that looks into violations of human rights in India. It was set up on 12 October 1993 under the Protection of Human Rights Act, 1993.
Is the NHRC a constitutional body?
No. The NHRC is a statutory body. It was created by an Act of Parliament, the Protection of Human Rights Act, 1993, and is not mentioned in the Constitution.
Who can be the chairperson of the NHRC?
After the 2019 amendment, the chairperson can be a former Chief Justice of India or a former judge of the Supreme Court.
Are NHRC recommendations binding?
No. The NHRC can recommend compensation or action against officers, but the government is not bound to accept it. The government must inform the NHRC about the action taken.
What is the difference between the NHRC and an SHRC?
The NHRC works at the national level and its members are appointed by the President. A State Human Rights Commission works at the state level and its members are appointed by the Governor, though only the President can remove them.
For more Polity topics in simple language, see our Fundamental Rights, Constitutional Bodies and Writs posts, or browse the Polity section. Preparing for a specific exam? Start with the UPSC CSE guide or join the 100 Hour GS Course.