National Human Rights commission-

• National Human Rights commission came into existence in 1993 through The Protection of Human Rights Act, 1993 and this act was amended in 2006 and 2019.

• It is a statutory body.

• It was formed in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991.

What are Human rights?

• As per this act the rights relating to life , liberty , equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India are known as human rights.

Note-

• We will discuss about this commission as per amendment made in 2019.

Composition of National Human Rights commission-

The chairperson-

• She/he should be a retired chief justice of India or a judge of the Supreme Court.

Note-

• Initially (before amendment of 2019 ) The chairperson of the NHRC was a person who has been a Chief Justice of the Supreme Court.

Members-

It consists of –

• A serving or retired Supreme Court Judge.

• A serving or retired High Court Judge.

• 3 others having knowledge or practical experience with respect to human rights out of which at least one should be a woman.

Note-

• Initially (before amendment of 2019 ) there were only 2 other members.

Appointment of chairperson and members of NHRC-

They are appointed by the President on the recommendation of a six -member committee and this committee consists of –

• The Prime minister.
• The Speaker of the Lok Sabha.

• The Deputy Chairman of the Rajya Sabha.

• The Leader of the opposition of both the houses.

• The central Home minister.

Ex office members-

It includes chairpersons of various commissions such as –

• National Commission for Scheduled Castes.

• National Commission for Scheduled Tribes.

• National Commission for Women are.

• National Commission for Backward Classes.

• National Commission for the Protection of Child Rights.

• Chief Commissioner for Persons with Disabilities.

Term of office-

• The chairperson and the members hold office for a period of 3 years or until they attain the age of 70, whichever is earlier.

Note 1-

• Initially (before amendment of 2019) term was 5 year

Note 2 -

• There is no bar on reappointment of members of NHRC.

Secretary General-

• She/he exercise all the administrative and financial powers (except judicial function) subject to the control of chairperson

Removal of Chairperson and members of NHRC-

The president can remove the chairman or any member from the office under the following circumstances:

(a) adjudged an insolvent; or

(b) engages, during his term of office, in any paid employment outside the duties of his office; or

(c) unfit to continue in office by reason of infirmity of mind or body; or

(d) unsound mind and stand so declared by a competent court; or

(e) convicted and sentenced to imprisonment for an offence.

In addition to these, the president can also remove the chairman or any member on the ground of proved misbehaviour or incapacity.

However, in these cases, the president has to refer the matter to the Supreme Court for an inquiry

If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the president can remove the chairman or a member

Functions of the commission-

The Commission shall, perform all or any of the following functions, namely:-

A.Inquire, on its own initiative or on a petition presented to it by a victim or any person on his behalf, into complaint of-

i ) violation of human rights or abetment or

ii) negligence in the prevention of such violation, by a public servant;

B. intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;

C. visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living condition of the inmates and make recommendations thereon ;

D. review the safeguards by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;

E. review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;

F. study treaties and other international instruments on human rights and make recommendations for their effective implementation;

G. undertake and promote research in the field of human rights;

H. spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;

I. encourage the efforts of non - Governmental organizations and institutions working in the field of human rights;

J. such other functions as it may consider necessary for the promotion of human rights.

Other Points

Annual reports of the Commission:

• The Commission shall submit an annual report to the Central Government and to the State Government concerned

• The Central Government and the State Government, as the case may be, shall cause the annual reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, alongwith a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any

Inquiry

The commission may take any of the following steps during or upon the completion of an inquiry:

(a) recommend to the concerned government or authority to make payment of compensation or damages to the victim;

(b) recommend to the concerned government or authority the initiation of proceedings for prosecution or any other action against the guilty public servant;

(c) recommend to the concerned government or authority for the grant of immediate interim relief to the victim;

(d) approach the Supreme Court or the high court concerned for the necessary directions, orders or writ