Module 8 Unit 3

Module Detail
Programme Name B. A.
Course Name Development of Indian Constitution
Course Code OBAT330
Module Name Human Rights and India Human Rights Commission
Module code 008
Learning Outcomes After going through the content, the students shall
be able to:
1. To understand the Human Rights
2. To understand the Indian Nation Human Right
Commission
3. To understand Indian Nation Human Right
Commission structure and function
4. To understand the mechanism of resolving the
violation of Human rights

Keywords National, Human Rights, structure, functions

Role Name Affiliation

Faculty of Arts and Social
Subject Dr. Davinderpal Science, Guru Kashi University,
Matter Singh Talwandi Sabo
Expert
(SME)

Table of content

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Sr. No. Particulars Page
No.
1 Introduction 3
2 Meaning and Definition 3
3 National Human Rights Commission (NHRC) 3
4 Composition of NHRC 4
5 Key Functions of the NHRC 4
6 Importance 5
7 There are some restrictions of the NHRC 5
8 Some reforms can be implemented to improve the 6
NHRC's effectiveness
9 Conclusion 6
10 Suggested Readings 7
11 Self-assessment 7
MCQ
Short term Questions
Long Term Questions

1. Introduction

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Human rights are not provided by any state; rather, we have them only by virtue
of being human. Regardless of nationality, sex, national or ethnic origin, color,
religion, language, or any other status, we all possess these fundamental rights.
They include the most basic, the right to life, as well as those that give life
meaning, like the rights to liberty, food, education, employment, and health.
The Universal Declaration of Human Rights (UDHR), adopted by the United
Nations General Assembly in 1948, was the first legal text to outline the
fundamental human rights that should be universally preserved. The Universal
Declaration of Human Rights, was celebrated its 75th anniversary on December
10, 2023 and remains the foundation of all international human rights law. Its
30 articles establish the concepts and foundations for present and future human
rights conventions, treaties, and other legal instruments. In addition to the
UDHR, the International Bill of Rights is composed of the International Covenant
for Civil and Political Rights and the International Covenant for Economic,
Social, and Cultural Rights. Human dignity laid down in the United Nations
Charter, Universal Declaration of Human Rights and several international
covenants, similarly incorporated in the India Constitution which mentioned
dignity of individual.
2. Meaning and Definition
Human rights are a collection of ideals that promote equality and fairness. They
value our freedom to make decisions about our life and to reach our full potential
as human beings. They are about leading a life free of fear, harassment, and
prejudice.
The Protection of Human Rights (amendment act 2006) defines human rights as
the rights relating to Life, Liberty, Equality and dignity of the individual
guaranteed by the Constitution or embodied in the international conventions
and enforceable by Courts in India.
3. National Human Rights Commission (NHRC)
The National Human Rights Commission (NHRC) is a body of law set up to
promote and protect human rights for the citizens of India. Human rights include
the rights related to life, liberty, equality, and dignity of each individual. These
are the rights that the Constitution has guaranteed or the International
Covenants have embodied and are hence enforceable by courts in India. The
National Human Rights Commission was established on 12 October 1993 under
the Protection of Human Rights Act legislative law. In 2006, the laws of the
National Human Rights Commission of India were amended as per the Protection
of Human Rights (Amendment) Act.
4. Compositions of NHRC

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The NHRC is consist of a chairperson, five full-time Members and seven deemed
Members. The Chairperson appointed a person who has served (retired) as Chief
Justice of India or a Supreme Court judge is eligible to become chairman.
Appointment: The President appoints the chairman and members based
on the recommendations of a six-member committee that includes the
Prime Minister, the Speaker of the Lok Sabha, the Deputy Chairman of the
Rajya Sabha, Opposition leaders from both Houses of Parliament, and the
Union Home Minister. The tenure of the chairman and members hold office
for a term of three years or until they attain the age of 70 years.
Tenure: The chairman and members serve for three years or until the age
of 70, whichever occurs first.
In certain circumstances, the President has the authority to remove the
chairman or any other member from office.
Removal: They can only be removed on the basis of proven misbehavior
or incapacity, as determined by a Supreme Court Judge.
Divisions: The Commission also includes five specialized divisions: Law
Division, Investigation Division, Policy Research & Programs Division,
Training Division, and Administrative Division.
5. Key Functions of the NHRC
The Commission has a wide mandate including civil and political rights,
economic, social and cultural rights, and group rights. Section 12 lays down that
the Commission shall perform all or any of the following functions, namely
Investigation of Human Rights Violations: The NHRC has the authority
to inquire into complaints of human rights violations, whether by the
government, its agencies, or individuals. It investigates violations related
to civil and political rights, social, economic, and cultural rights.
Recommendations: It can make recommendations to the government
regarding measures to prevent human rights violations and improve the
situation of victims. It can suggest improvements in laws, policies, or
practices related to human rights.
Intervention in Court: The NHRC has the power to intervene in judicial
proceedings related to human rights violations, either on its own or by
requesting permission from the Supreme Court or High Courts.
Research and Awareness: The Commission works to promote human
rights awareness by conducting research, publishing reports, and
organizing training programs and workshops.

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 Protection of Rights of Specific Groups: It works specifically on
safeguarding the rights of vulnerable groups such as women, children,
minorities, Dalits, tribals, and people with disabilities.
Recommendations to the Government: The NHRC advises the
government on measures to promote human rights standards in the
country, including reviewing existing legislation and making necessary
amendments.
6. Importance
The NHRC plays a vital role in ensuring the protection of human rights in India.
It serves as a forum for victims to seek justice, addresses systemic issues, and
contributes to strengthening India's human rights framework.
However, there have been critiques regarding the effectiveness and independence
of the NHRC, particularly in cases where the government’s actions are involved.
Critics argue that the Commission sometimes faces limitations in addressing
issues due to its lack of enforcement power and dependence on government
resources for implementation. Despite this, it continues to be an essential
institution for upholding human rights in India.
7. There are some restrictions of the NHRC
● The NHRC does not have a process for investigation. In most cases, it urges
the involved Central and State Governments to investigate cases of
violations of human rights.
● Soli Sorabjee (former Attorney-General of India) referred to it as 'India's
tickling illusion' because of its inability to provide any tangible assistance
to the aggrieved party.
● The NHRC can only offer recommendations; it cannot enforce decisions.
● Many times, the NHRC is perceived as a post-retirement destination for
judges and officials with political affiliations; also, insufficient funding
impedes its operations.
● A significant number of grievances go unresolved since the NHRC cannot
review complaints filed after one year of the incident.
● The government frequently rejects NHRC recommendations outright or
complies with them only partially.
● State human rights commissioners cannot request information from the
national government, which implies that they lack the authority to probe
armed forces under national administration.
● The National Human Rights Commission's authority over abuses of
human rights by the armed forces have been significantly limited.

8. Some reforms can be implemented to improve the NHRC's effectiveness

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 ● The NHRC needs to be completely revamped in order to be more effective
and truly a watchdog on human rights violations in the country.
● The government can improve the effectiveness of the NHRC by making its
judgments more enforceable.
● There is a need to reform the structure of the commission by integrating
civil society members and activists.
● The NHRC needs to build an independent cadre of people with relevant
experience.
● Many laws in India are quite ancient and archaic in character, and by
altering them, the government can increase transparency in regulations.
● To improve and develop the human rights situation in India, state and
non-state actors must work together.

9. Conclusion
The protection and promotion of human rights in India is of paramount
importance in ensuring the dignity, liberty, and equality of all its citizens. The
National Human Rights Commission (NHRC) plays a significant role in this
regard, acting as a guardian for human rights by investigating violations,
recommending remedial actions, and raising awareness about human rights
issues. However, despite its important functions, the NHRC faces several
challenges that hinder its effectiveness. These include a lack of enforceable
power, insufficient resources, and limitations in its authority over certain
sectors, particularly the armed forces.
To improve the NHRC’s ability to safeguard human rights, several reforms are
necessary. These include empowering the NHRC with stronger enforcement
capabilities, restructuring the commission to include civil society
representatives, and enhancing transparency in its operations. The cooperation
of both state and non-state actors is essential in creating a more effective
framework for human rights protection in India. In conclusion, while the NHRC
plays a vital role in the human rights landscape of India, its true potential can
only be realized through systemic reforms that enhance its independence,
resources, and enforcement powers. The collective efforts of the government, civil
society, and the NHRC are essential for addressing human rights violations and
creating a more just and equitable society for all.

10. Suggested readings

1. Sripati, V. (2000). India's National Human Rights Commission: A Shackled
Commission. BU Int'l LJ, 18, 1.
2. Ray, A. (2003). National Human Rights Commission of India: Formation,
Functioning and Future Prospects (Vol. 1). Atlantic Publishers & Dist.

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 3. Laxmikanth, M. (2017). Indian polity. McGraw Hill Education (India)
Private Limited.

11. Self-assessment
MCQ
1. Who adopted the Universal Declaration of Human Rights (UDHR)?
a) The United Nations Security Council
b) The United Nations General Assembly
c) The World Health Organization
d) The International Court of Justice
2. What year did the Universal Declaration of Human Rights (UDHR) come
into existence?
a) 1945
b) 1948
c) 1950
d) 1960
3. Which Article of the Indian Constitution provides for the protection of
human rights?
a) Article 14
b) Article 21
c) Article 25
d) Article 32
4. The National Human Rights Commission (NHRC) was established under
which Act?
a) Protection of Human Rights Act, 1993
b) Indian Penal Code, 1860
c) Indian Constitution, 1949
d) National Constitution Act, 1950
5. What is the maximum tenure for the Chairman of the NHRC?
a) 5 years
b) 4 years
c) 3 years
d) 2 years
6. Who appoints the Chairman of the NHRC?
a) The President of India
b) The Chief Justice of India
c) The Prime Minister of India
d) The Lok Sabha Speaker
7. Which of the following is NOT a function of the NHRC?
a) Issuing court orders

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 b) Investigating human rights violations
c) Recommending measures to prevent human rights violations
d) Conducting awareness programs
8. Which group of people does the NHRC particularly aim to protect?
a) Only the affluent
b) Women, children, minorities, Dalits, and people with disabilities
c) Political leaders
d) Foreign nationals
9. The NHRC's jurisdiction over human rights violations by which entity is
limited?
a) Central Government
b) Armed Forces
c) State Governments
d) Non-Governmental Organizations
10. What is one of the criticisms of the NHRC's effectiveness?
a) It has no specific mandate
b) It can only offer recommendations, not enforce decisions
c) It operates independently without government support
d) It has unlimited funding
11. Which of the following is a reform suggested to improve NHRC’s
effectiveness?
a) Reducing the tenure of its members
b) Integrating civil society members and activists into the
commission
c) Giving NHRC more political power
d) Increasing governmental control over NHRC
12. Which of the following rights is guaranteed by the Protection of Human
Rights (Amendment) Act, 2006?
a) Right to Employment
b) Right to Equality
c) Right to Liberty and Dignity
d) Right to Education
13. The NHRC was established on which date?
a) 1st January 1993
b) 12th October 1993
c) 15th August 1995
d) 26th January 1993
14. What is one limitation of the NHRC regarding time?
a) It can only investigate incidents that occurred within a year
b) It can only investigate incidents that occurred within a month

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 c) It cannot investigate any incident
d) It can investigate for a period of 5 years
15. Who can remove a member of the NHRC from office?
a) The Chief Justice of India
b) The Prime Minister of India
c) The President of India
d) The Lok Sabha Speaker
Short Term Questions
1. Explain the significance of the Universal Declaration of Human Rights
(UDHR) in global human rights law.
2. Describe the composition and the appointment process of the members of
the National Human Rights Commission (NHRC).
3. Discuss the key functions of the NHRC in the protection of human rights
in India.
4. What are the major limitations faced by the NHRC in enforcing its
recommendations?
5. What reforms could be implemented to enhance the effectiveness of the
NHRC in India?

Long Term Questions

1. Evaluate the role of the National Human Rights Commission (NHRC) in
promoting and protecting human rights in India.
2. Discuss the concept of human dignity as outlined in the Universal
Declaration of Human Rights and its incorporation into the Indian
Constitution.
3. How does it reflect the values of justice, liberty, and equality in India?