Wednesday, June 6, 2018

NHRC

3

National Human Rights Commission

In keeping with spirit of human rights movement all over the world, National Human Rights Commission (NHRC) came into existence in India through an Ordinance promulgated on 28th September 1993 by the President of India. However, soon the ordinance was replaced by a statute called Protection of Human Rights Act, 1993 (which came into force in 1994). This Act provides for setting up NHRC at Centre as well as one Commission each at State level.

National Human Rights Commission is designed to protect human rights, defined as “rights relating to life, liberty, equality and dignity of individual guaranteed by Constitution or embodied in International Covenant and which are enforceable by Courts in India”.

Composition
    NHRC consists of a Chairperson and four members, all of them being full-time members. The Chairperson should be a retired Chief Justice of India and members should be serving or retired judges of the Supreme Court, a serving or retired Chief Justice of a High Court and two persons having knowledge or practical experience with respect to human rights.
    Apart from these full-time members, the Commission also has four ex-officio members, the Chairpersons of National Commission for Minorities, National Commission for SCs & STs and National Commission for Women.
    Multi-membership is intended to reinforce independence and impartiality of the Commission.
    The Chairperson and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier. After their tenure, the Chairperson and members are not eligible for further employment under the Central or a State government.

Functions
    Proactively or reactively inquire into violations of human rights or negligence in the prevention of such violation by a public servant
    By leave of the court, to intervene in court proceeding relating to human rights

Student Notes:

    Visit any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for study of the living conditions of the inmates and make recommendations
    Review the Constitutional or legal safeguards in force for the protection of human rights and recommend measures for their effective implementation
    Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures
    Study treaties and other international instruments on human rights and make recommendations for their effective implementation
    Undertake and promote research in the field of human rights
    Engage in human rights education 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
    Encourage the efforts of NGOs and institutions working in the field of human rights
    Such other function as it may consider it necessary for the protection of human rights.

Appointment

The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a Committee consisting of:

    The Prime Minister (Chairperson)
    The Home Minister
    The Leader of Opposition in the Lok Sabha
    The Leader of Opposition in the Rajya Sabha
    The Speaker of the Lok Sabha
    The Deputy Chairman of the Rajya Sabha

Removal of a Member of the Commission

Section 5 of the Protection of Human Rights Act describes the procedures and ground for the removal of the any member of the Commission. . The President may remove the Chairperson or any other Member if he:

    Is adjudged an insolvent; or
    Engages during his term of office in any paid employment outside the duties of his office; or
    Is unfit to continue in office by reason of infirmity of mind or body; or
    Is of unsound mind and stands so declared by a competent court; or
    Is convicted and sentenced to imprisonment for an offence, which in the opinion of the President involves moral turpitude.

Additionally, the Chairperson or any other Member of the Commission shall only be removed from his office by order of the President on the ground of proved misbehavior 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.

Student Notes:

Working of NHRC

The Commission has all powers of a Civil Court. It has its own investigating staff for investigation into complaints of Human Rights violations. It is open to it to utilize services of any officer or investigation agency of the Central Government or any State Government. The Commission while inquiring into complaints of violations of human rights may call for information or report from the Central Government or any State Government, or any other authority or organization subordinate thereto within such time as may be specified by it.

The Commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed. In other words, it can look into a matter within one year of its occurrence.

The Commission may take any of following steps upon completion of an enquiry:

    Where enquiry discloses the Commission of violation of Human Rights or negligence in prevention of violation of Human Rights by a public servant, it may recommend to the concerned Government or authority initiation of proceedings for prosecution or such other function.
    It may recommend to the concerned government or authority to make payment of compensation or damages to the victim.
    Approach SC or HC concerned for such directions, orders, or writs as the court may deem necessary.
    Recommend to the concerned Government or authority for grant of such immediate interim relief to victim or members of his family.

Strength of NHRC
1. The selection procedure of the members of NHRC is the main factor of its strength. The composition of the Selection Committee is such that it involves members of ruling as well as opposition party and both the Houses of Parliament. Also, the composition of NHRC is such that it involves Legislative, Executive, Judiciary, academicians and NGOs. This gives the Commission a broad vision to deal with the issues of Human Rights.
2. Financial autonomy, though limited, has provided NHRC independence of Central Government. The Commission is free to make its own budget and spend it according to its own planning. The draft of the proposed budget is placed before both the Houses of Parliament and after the approval of the budget, the Government, without making any amendment, has to provide finances to the Commission.
3. The Commission has the power to conduct suo-moto inquiry into the complaints of Human Rights violations.
4. Easy accessibility to the Commission has made it one of the most popular organizations. Anyone can approach NHRC through telephone, letter, application, mobile phone and the Internet. All the documents, reports, newsletters, speeches, etc. of the Commission are also available on this website. The status of the complaint too can be known through its website. The popularity and trust on NHRC is quite evident from the fact that while it had registered only 496 complaints in 1993-94, in 2004-05 the total number of cases were 74,4019.
5. NHRC has advised the government a number of times on the issues of Human Rights. Be it the cases of custodial deaths or suicide by the farmers or health issues or POTA,

Student Notes:

child marriage, trafficking of women and children etc., the government has been taking suggestions from NHRC.
6. NHRC, in a true democratic fashion, has worked immensely to create awareness among public on Human Rights issues through seminars, workshops, lectures, literature, NGOs’ participation, universities’ collaborations, etc.
7. The Commission has extended its sphere from time to time. Support for right to information, health care issues, disables’ rights, HIV/AIDS patients’ rights etc. are some of the issues where NHRC has worked successfully.

Weaknesses of the Commission
1. In the process of selection of the members of the Commission, the Chairman is not consulted.
2. Because of certain weakness in the Act, at times the Commission feels the need for the amendments. But the Commission has constraints in doing so.
3. Another major weakness of the Commission is that it does not have powers to investigate armed forces, BSF or any other paramilitary forces.
4. Finally, NHRC is only an investigative and recommendatory body. It does not have power of prosecution.
5. It is dependent on the Government for manpower and money. The Central Government shall pay to the Commission by way of grants such sums of money as it may consider fit.

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