National Human Rights Commission (NHRC)
09.09.2025
National Human Rights Commission (NHRC)
Context
The National Human Rights Commission (NHRC) recently issued a notice to the Madhya Pradesh government following the deaths of two infants from rat bites at Indore’s government-run hospital, underscoring its role in safeguarding human rights.
Establishment and Legal Status
- Purpose: Formed to implement commitments from the Vienna Declaration.
- The NHRC was set up in 1993 under the Protection of Human Rights Act, 1993.
- Nature: It is a statutory and autonomous body.
- Function: Works to protect and promote human rights across India.
- Jurisdiction: Operates at both central and state levels.
Composition
- Chairperson (usually a retired Chief Justice of India or Supreme Court Judge) and up to four members.
- Members: Include retired judges and experts in human rights.
- Appointment: Done by the President of India to ensure credibility, expertise, and impartiality.
Appointment Process
- Selection Committee: Chaired by the Prime Minister.
- Members: Include Speaker of Lok Sabha, Home Minister, and Leaders of Opposition.
- Purpose: Ensures bipartisan representation and transparent appointments.
Tenure and Conditions
- Tenure: Chairperson and members serve for 3 years or until 70 years of age, whichever comes first.
- Reappointment: Eligible for reappointment after term completion.
- Post-tenure restriction: Cannot take further employment with Central or State governments.
NHRC Performance
The NHRC has actively engaged in addressing a wide range of human rights issues across India. Its efforts aim to promote and protect the rights of various marginalized groups and ensure adherence to human rights standards. Some notable issues taken up by the Commission include:
- Abolition of Bonded Labour
- Abolition of Child Labour
- Rights of the Disabled Persons
- Rights of Persons Affected by HIV / AIDS
- Steps to Check Custodial Deaths, Rape and Torture, etc.
NHRC Challenges:
- Delayed Appointments: Late appointment of Chairperson and members hampers timely action.
- Accreditation Issues: GANHRI deferred NHRC’s accreditation due to lack of transparency and poor representation of women and minorities.
- Non-Binding Recommendations: NHRC can only recommend actions; it cannot enforce them.
- No Punitive Power: Cannot punish violators or directly provide relief to victims.
- Limited Investigative Authority: Relies on state and central agencies, risking bias in cases involving government actors.
Way Forward:
- Grant Enforcement Powers: Empower NHRC to enforce its recommendations for better compliance.
- Expand Investigative Authority: Allow independent investigation of cases involving armed forces and non-state actors.
- Time-bound Investigations: Set deadlines for investigations to ensure swift justice.
- Increase Financial Autonomy: Provide a dedicated budget independent of government control.
- Diverse Composition: Include civil society members, human rights activists, and experts to improve credibility.
Conclusion
The NHRC stands as a vital guardian of human rights in India, balancing investigative powers and advocacy amidst limitations. Strengthening its capabilities and public outreach is essential for ensuring justice, dignity, and protection for all citizens, reinforcing the democratic fabric.