National Human Rights Commission (NHRC)- Explained Pointwise

Recently, Former Supreme Court judge Justice V Ramasubramanian was appointed by the President of India Shri Droupadi Murmu as the chairperson of National Human Rights Commission (NHRC). However, the principal opposition party has issued a dissent note and has called the selection process of NHRC chairperson and members as “fundamentally flawed”. The dissent note has held the selection process as a pre-determined exercise (relying on numerical majority to finalize the names), ignoring the established tradition of mutual consultation and consensus.

In this article, we will have a look at the institution of NHRC, the procedure of appointment of NHRC members. We will look at the successes and failures of NHRC as an institution. We will also look at the way ahead for the institution.

What is NHRC? What is its Mandate?

NHRC- NHRC is a statutory body established under the Protection of Human Rights Act, 1993. The Commission is the watchdog of human rights in the country. It is a multi-member body consisting of a chairperson and five members.

Mandate of NHRC

1. Investigation- Investigating complaints or failure of any public official regarding the rights’ violation, either suo moto or after receiving a petition.

2. Prevention and Safeguard- Monitoring the living conditions of the inmates and to make recommendations thereon. Reviewing statutory safeguards or treaties for the protection of human rights.

3. Intervention- NHRC intervenes in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.

4. Human rights- NHRC review the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures.

5. Awareness- NHRC spreads human rights literacy amongst various sections of society and promotes awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means.

What are the Provisions for Protection of Human Rights in India? What are the successes and failures of NHRC in Human rights protection in India?

Human rights- Human rights are 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

Provisions for Protection of Human Rights in India

1. Universal Declaration of Human Rights- The UDHR principles have been adopted by India to guarantee human rights.

2. Right to equality (Art 14-18) of the Constitution- This guarantees equality before
law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles.

3. Right to freedom (Art 19-22)- This guarantees the freedom of speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation, right to life and liberty, protection in respect to conviction in offences and protection against arrest and detention in certain cases. 

4. Right against exploitation (Art 23 and 24)- This prohibits all forms of forced labour, child labour and traffic of human beings.

5. Bandhua Mukti Morcha V. Union of India (1984)- SC held that Art. 21 guarantees Right to Life. The meaning of life under this article means a life of not only animal existence but life with human dignity

Successes of NHRC

Since its formation, the NHRC has widely dealt with issues relating to the application of human rights. Despite its limitations, NHRC has been striving to provide human rights relief to citizens in India. Some of the success stories are mentioned below-

a. Campaigns against discrimination of HIV patients.
b. Intervention in the cases of Child sexual abuse and violence such as Nithari Village in Noida, UP.
c. Suo-moto cognisance in the case of killing of 10 people in police firing during Anti-Sterlite protest in Tuticorin in Tamil Nadu.
d. Intervention in the case of killing of Rising Kashmir editor Shujaat Bukhari after an appeal via press, by a network of editors and media practitioners.

Failures of NHRC in Human rights Protection

However, NHRC has failed in securing Human rights to all, which are evident from these examples-

1. Existence of Custodial Torture and extrajudicial killings- The recent Sathankulam case in Tamil Nadu is proof of existence of custodial torture. Extrajudicial Killings like fake encounters, mob lynching, etc. have not stopped in India.

2. Arbitrary Arrest and Detention- Both the NHRC and SHRC both have failed to control them due to their lack of powers.

3. Prevelance of Gender based Violence- Violence and discrimination against Women, Children like rape, murder, sexual abuse are also prevalent in India.

4. Prevalence of Manual scavenging- Manual Scavenging is still prevalent in India. According to the 2011 Census, there are more than 26 Lakh insanitary latrines in the country. Even though the government enacted a law and NHRC given its recommendations, the practice still exists in India.

5. Suspension of ‘A’ status by GANHRI- The suspension of ‘A’ status by GANHRI for two consecutive years (2023 and 2024) marks a significant setback for NHRC and its international standing.

What are the other Limitations/Challenges faced by NHRC in India?

1. Status of recommendatory Body- NHRC is only a recommendatory body, without the power to enforce decisions. The lack of authority to ensure compliance, can sometimes lead to the outright rejection of its decision.

2. Lack of effective investigation powers- NHRC lacks an independent investigative machinery to enquire into complaints. Further, the Protection of Human Rights Act, 1993, prohibits NHRC from pursuing investigation of an event, if the complaint was made more than one year after the incident. Therefore, many genuine grievances remain unaddressed.

3. Jurisdictional Limits- NHRC cannot address human rights violations committed by private parties. NHRC cannot investigate the violation in case of armed forces and has to rely on the report of the Centre.

4. Lack of effective enforcement powers- NHRC lacks authority to penalise the authorities that fail to implement its orders.

5. Post retirement club- NHRC has become a post-retirement destination for judges, police officers and bureaucrats with political clout. The composition of the commission which is heavily judicial has given it a court like character.

6. Lack of funds and functionaries- The inadequacy of funds, functionaries, and the bureaucratic way of functioning, hampers the effectiveness of the commission.

What Should be the Way Forward?

1. Enhanced enforcement powers- The decisions of NHRC should be made enforceable by the government. The efficacy of commissions will be greatly enhanced if their decisions are made enforceable by the government.

2. Revamping the membership structure- The members of NHRCs should include civil society, human rights activists, minorities, etc. rather than ex-bureaucrats. The search cum selection committee must ensure transparency in the selection of members.

3. Independent Staff- NHRC should have its independent investigating staff recruited by the commission directly. The present practice of deputation of staff must be stopped.

4. Developing scientific Human rights framework- NHRC must explore creating a scientific human rights framework tailored for India.