Meaning:

Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. These are entitled to everyone, without any discrimination. NHRC of India is an independent statutory body established on 12 October, 1993 as per provisions of Protection of Human Rights Act, 1993, Afterwards it was amended by the Protection of Human Rights (Amendment) Act, 2006.

Originated from UN Declaration of Human Rights Convention, which was adopted by the United Nation General Assembly in 1948.The National Human Rights Commission is responsible for the safeguard and promotion of human rights, it’s defined by the Act as “rights connecting to life, liberty, equality, and dignity of the individual guaranteed by the Constitution and embodied in the International Conventions”

Section 2(1)(d) of the Act defines “human rights” as “individual rights to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in international covenants and enforceable by Indian courts.”

Appointment:

A Chairperson who is a retired Chief Justice of India

One Member who is or has been a Judge of the Supreme Court

One Member who is or has been the Chief Justice of a High Court

Two persons having knowledge or practical experience in matters relating to Human Rights.

The President appoints the chairperson and the members of National Human Rights Commission, for which a committee nominates the names. This committee consists of Chairperson, the Prime Minister and the members including Home Minister, Leader of the Opposition in Lok Sabha, Leader of the Opposition in Rajya Sabha, Speaker and the Rajya Sabha Deputy Chairman. Further in addition to this, the Chairperson of the National Commission for Minorities, the National Commission for the Scheduled Castes and Scheduled Tribes and the National Commission for Women are deemed to be members of the National Human Rights Commission for the discharge of specific functions laid down.

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.

Removal of a Member of the Commission:

Section 5 of the Protection of Human Rights Act, 1993, lays down the procedures and ground for the removal of any member of the Commission. Further, the President can remove the Chairperson or any other member if he:

1. Is adjudged an insolvent; or

2. Engages during his term of office in any other paid employment outside the duties of his office;

3. Is unfit to continue in office by reason of infirmity of mind or body; or

4. Is of unsound mind and stands so declared by a competent court; or

5. Is convicted and sentenced to imprisonment for an offence, which in the opinion of the President involves moral turpitude[1].

Additionally, the Chairperson or any other member of the Commission can only be removed from his office by the order of the President on the ground of proved misbehavior or incapacity. However, in these cases, the President is supposed to refer the matter to the Supreme Court for conducting an inquiry. And if the Supreme Court, after the inquiry, upholds the

Functions & Powers of NHRC

The functions of the National Human Rights Commission (NHRC) as stated in Section 12 of the Protection of Human Rights Act,1993 includes enquiry into complaints of violation of human rights or negligence in the prevention of such violation by a public servant. The Commission also studies treaties and international instruments on human rights and makes recommendations for their effective implementation to the Government.

• NHRC can investigate any complaints related to violations of Human Rights in India either suo-moto or after receiving a petition.
• NHRC can interfere in any judicial process that involves any allegation of violation of Human Rights.
• It can visit any prison/institute under the control of the state governments to observe the living conditions of inmates. It can further make recommendations based on its observations to the authorities.
• NHRC can review the provisions of the Constitution that safeguard Human Rights and can suggest necessary restorative measures.
• Research in the field of Human Rights is also promoted by the NHRC.
• Human Rights awareness and literacy through different media are promoted by NHRC in various sectors of society.
• NHRC has the power to recommend suitable steps that can prevent violation of Human Rights in India to both Central as well as State Governments.
• The  President of India gets an annual report from NHRC which is laid before both the Houses of the Parliament.

Limitations of NHRC 

It is important to know the limitations of NHRC  for the UPSC exam. They are mentioned below:

• The Recommendations made by the NHRC are not binding.
• Violation of Human rights by private parties cannot be considered under NHRC Jurisdiction.
• NHRC doesn’t have the power to penalise the authorities that don’t implement its recommended orders.
• 3 of the NHRC members are judges which give the functioning of the Commission a judicial touch.
• The other members that are recommended by the Selection Committee may not necessarily be Human Rights experts.
• The NHRC does not consider the following cases:
  • Cases that are older than one year. 
  • Cases that are anonymous, pseudonymous or vague.
  • Frivolous cases.
  • Cases pertaining to service matters.
• The NHRC has limited jurisdiction over cases related to armed forces.
• The NHRC faces other issues like excess cases/complaints, insufficient funds, bureaucratic functioning style, etc.

Conclusion:

It is the watchdog of human rights in the country, i.e. the rights related to life, liberty, equality and dignity of the individual guaranteed by Indian Constitution or embodied in the international covenants and enforceable by courts in India. National Human Rights Commission has been made significant contributions to essential functions and major responsibilities to protect the human rights at Nationwide. It has received the complaints and takes the necessary action towards the complaints related to human rights violation at the national level. NHRC has been recognized as the framework towards rights-based approach at a national, as well as international level. In this backdrop, this paper will be concluded that NHRC is not only functioning
proper manner without appropriate support from the government concerns stakeholders and all other organizations and the public