NHRC stands for the National Human Rights Commission, which is an independent organization of the Government of India responsible for the protection and promotion of human rights in the country. It was established on 12 October 1993 in response to increasing international awareness of human rights.
After all, human rights are the basic rights related to life, liberty, equality, and dignity of an individual living in the country. The Indian constitution of India guarantees the rights and these are enforceable by the judiciary. Further, the NHRC works on the basis of the Protection of Human Rights Act.
What is the Significance of NHRC?
The National Human Rights Commission was established in compliance with the Paris Principles of Human Rights 1991, which emphasized the promotion and protection of Human Rights. Again, it received endorsement by the United Nations at its General Assembly of 1993.
NHRC has the authority and responsibility to ensure the fulfilment of human rights and address any human rights violations. Above all, it plays a significant role in promoting a culture of human rights awareness and protecting the human rights of people in India. It has authority and power to make recommendations and implement measures for the protection of the rights of all individuals within the territory of India.
In addition, NHRC also investigates violations of human rights. Moreover, it has the power to intervene in judicial proceedings involving human rights issues. In other words, the NHRC works to ensure that all individuals in India are treated with respect and dignity, and can enjoy their rights.
The Structure of NHRC
NHRC consists of a chairperson, four full-time members, and four ex-officio members. The structure of NHRC is given as follows:
- Chairperson: Retired chief justice of India
- Member 1: A present or retired judge in the Supreme Court of India
- Member 2: A present or retired chief justice of a high court
- Two members: Persons with sound knowledge and practical experience in dealing with issues related to human rights
- Ex-officio members: They are the former chairpersons of the National Commission for minorities, scheduled castes, scheduled tribes, and women.
Appointment of NHRC Members
The President of India appoints members of NHRC including the Chairman. There is a committee that recommends the name of members and comprises the following eminent personalities:
- The Prime Minister (chairman of the committee)
- The Home Minister
- Opposition's leader in the Lok Sabha
- Lok Sabha Speaker
- The Deputy Chairman of the Rajya Sabha
The Vision of National Human Rights Commission
To clarify, the National Human Rights Commission of India has a broad vision for the promotion and protection of human rights in India. These are as follows:
- Ensure that the government of India and all its agencies respect and protect the human rights of all individuals without making any discrimination of any kind.
- Develop a culture of respect for human rights in India through education, awareness, and engagement in meaningful activities.
- Work with international human rights organizations to implement suitable measures and consequently, addressing human rights issues in India.
- Create a forum where individuals can report human rights violations and further, seek remedial action against such violations.
- Promote research and studies on human rights issues in India and also make recommendations for improvement.
- Work towards improving the legal and policy framework to ensure the protection of the human rights of individuals in India.
The Purpose of NHRC
The purpose of forming the National Human Rights Commission (NHRC) is to first promote awareness and then, implement measures for the protection of the human rights of individuals in India.
It includes the rights to life, liberty, equality, and dignity. It also takes care of the rights to education, healthcare, and a clean environment. The basic objectives of NHRC are mentioned as follows:
- Protect and promote the human rights of all individuals in India, especially the rights of vulnerable and marginalized groups.
- Inquire into allegations of human rights violations and then, take suitable actions to address such violations.
- Generate awareness and consciousness about human rights within the general community and organizations including government and law enforcement agencies.
- Review and recommend amendments in laws, policies, and practices that have an impact on human rights in the country.
- Work in collaboration with national and international human rights organizations and institutions to promote and protect human rights in India.
- Undertake and encourage activities that promote human rights and as a result, maintain harmonious relations between different sections of society.
The Functions and Power of NHRC
The functions of the National Human Rights Commission are in compliance with the Section 12 of the Protection of Human Rights Act 1993. Further, the Commission takes all necessary steps to protect human rights by addressing violations and recommending corrective measures. The important functions of NHRC are as follows:
- NHRC can investigate any complaints related to violations of Human Rights in India either by itself or after receiving a complaint.
- NHRC can interfere in the judicial process that deals with any allegation of violation of human Rights.
- It can visit any institute under the control of the state governments to observe the living conditions of inmates and subsequently, make recommendations to authorities based on the observations.
- NHRC can visit detention centers or prisons where persons are detained or imprisoned and review the conditions and treatment of the inmates.
- NHRC can review the provisions given in the constitution regarding the safeguard of human rights and subsequently, suggest necessary measures for improvement.
- It promotes and funds studies and research in the field of human rights.
- NHRC takes measures to create awareness of human rights across various sectors of society through promotions in different media.
- It recommends suitable steps to be taken by the central and state governments of India to prevent violation of human rights.
- NHRC makes arrangements for the relief and rehabilitation of victims suffering from human rights abuses and further, recommends procedures for the prevention of such instances.
- It can award compensation to victims of human rights violations for which the state or its agencies are found to be responsible.
- It involves handling treaties and other international instruments on human rights and subsequently, making recommendations for their effective implementation at the national level.
Limitations of NHRC
There are certain limitations to the authority and power of NHRC. It is important to know the limitations of NHRC as mentioned below:
- The Recommendations made by the NHRC are not binding and it doesn’t have the power to penalize the authorities that don’t implement its recommended orders.
- NHRC doesn’t deal with Human rights violations by private parties.
- Most of the members of the National Human Rights Commission are from the judiciary and as a result, it gives the functioning a judicial angle.
- The NHRC does not consider cases that are older than one year.
- The NHRC has limited jurisdiction over human rights cases related to the armed forces.
Conclusion
Human rights violations are a very important and sensitive global issue. India faces human rights violations at different levels of society. Therefore, the significance of the National Human Rights Commission (NHRC) becomes highly relevant. Again, NHRC takes up most of the human rights issues around the country and consequently, facilitates building an environment of awareness and respect for human rights for the citizens of India.
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