NATIONAL HUMAN RIGHTS COMMISSION AND STATE HUMAN RIGHTS

COMMISSION
(NHRC an SHRC)

NATIONAL HUMAN RIGHTS COMMISSION (NHRC)

National Human Rights Commission is a statutory body responsible for the

protection and promotion of human rights in the country. The National Human
Rights Commission was established in the year 1993 by the Protection of Human
Rights Act, 1993 passed by the Parliament. It must be headed by the retired chief
justice of India. The Protection of Human Rights Act, 1993 states that the
commission is the protector of "rights relating to life, liberty, equality and dignity
of the individual guaranteed by the Constitution or embodied in the International
Covenants".

Composition of NHRC:

NHRC comprises of a chairman and four members. The chairman should be a

retired chief justice of India. The other members should be

(i) One Member who is, or has been, a Judge of the Supreme Court of India
(ii) One Member who is, or has been, the Chief Justice of a High Court
(iii) two Members to be appointed from among persons having knowledge of, or
practical experience in, matters related to human rights
Apart from these members, the Chairpersons of National Commission for
Minorities, National Commission for SCs, National Commission for STs and
National Commission for Women serve as ex officio members. President appoints
the chairperson and members of the NHRC on the recommendation of a six-
member committee consisting of:

1. The Prime Minister (chairperson).

2. The Home Minister.
3. The Speaker of the Lok Sabha.
4. The Leader of the Opposition in the Lok Sabha.
5. The Deputy Chairman of the Rajya Sabha.
6. The Leader of the Opposition in the Rajya Sabha
Functions of NHRC:

According to the protection of Human Rights Act, 1993, below are the functions of
NHRC:

1. Inquire Suo motu or on a petition presented to it, by a victim, or any

person on his be into complaint of violation of human rights or negligence
in the prevention of such violation by a public servant.

2. Intervene in any proceeding involving any allegation of violation of human

rights before a Court with the approval of such Court.

3. Visit any jail or detention places to study the living conditions of the
inmates and make recommendations thereon.

4. Review the safeguards provided by or under the constitution of any law for
the time being in force for the protection of human rights and recommend
measures for their effective implementation.

5. Review the factors, including acts of terrorism that inhibit the enjoyment of
human rights and recommend appropriate remedial measures.

6. Undertake and promote research in the field of human rights.

7. Spread human rights literacy among various sections of society and

promote awareness of the safeguards available for the protection of these
rights.

8. Encourage the efforts of Non-Governmental organizations and institutions

working in the field of human rights.

9. Undertake such other functions as it may consider necessary for the

promotion of human rights.
Working of the NHRC

The Headquarter of the Commission is located at Delhi.

1. The commission is vested with the power to regulate its own procedure.

2. It has all the powers of a civil court and its proceedings have a judicial
character.

3. It may call for information or report from the central or any state
government or any other authority subordinate thereto.

4. However, the commission has its own staff to investigate into complaints of
human rights violations.

5. It is also empowered to utilize the services of any officer or investigating

agency of the central government or any state government for the purpose.
The commission also cooperates with various NGOs for the information
regarding human rights violations.

6. The commission can look into a matter within one year of its occurrence.

7. The commission may take any of the following steps during or upon the
completion of an inquiry:

(a) It may recommend to the concerned government or authority to make

payment of compensation or damages to the victim;

(b) It may recommend to the concerned government or authority the

initiation of proceedings for prosecution or any action against the guilty
public servant.

(c) It may recommend to the concerned government or authority for the

grant of immediate interim relief to the victim.

(d) It may approach to the Supreme Court or the high court concerned for
the necessary directions, orders or writs.
In order to make NHRC more effective, its powers could be increased in various
ways to increase its effectiveness and efficiency in delivering justice to the victims.

The commission should be empowered to provide interim and immediate relief

including monetary relief to the victim. In addition, the commission should be
empowered to punish the violators of the human rights, which may act as
deterrent to such acts in the future.

The interference of the government and other authorities in the working of

commission should be minimum, as it may influence the working of commission.
Therefore, the NHRC should be given power to investigate into the cases related
to human rights violation by the members of the armed forces.

STATE HUMAN RIGHTS COMMISSION (SHRC)

The Protection of Human Rights Act of 1993 provides for the creation of State
Human Rights Commission at the state level. A State Human Rights Commission
can inquire into violation of human rights related to subjects covered under state
list and concurrent list in the seventh schedule of the Indian constitution

Composition of SHRC:

Human Rights (Amendment) Act, 2006 consists of three members including a

chairperson. The chairperson should be a retired Chief Justice of a High Court.
The other members should be:
1. A serving or retired judge of a High Court or a District Judge in the state
with a minimum of seven years experience as District judge.
2. A person having practical experience or knowledge related to human rights.
The Governor of the state appoints the chairperson and other members on the
recommendations of a committee consisting of the
1. Chief Minister as its head,
2. the speaker of the Legislative Assembly,
3. the state home minister and
4. the leader of the opposition in the Legislative Assembly.
5. The chairman and the leader of the opposition of legislative council would
also be the members of the committee, in case the state has legislative
council.
The tenure of the chairperson and members is five years or until they attain the
age of 70 years, whichever is earlier. After the completion of their tenure, they
are not eligible for any further employment under the state government or the
central government. However, chairman or a member is eligible for another term
in the commission subject to the age limit.

Functions of the Commission:

According to the protection of Human Rights Act, 1993; below are the functions
of State Human Rights Commission:

(a) Inquire suo motu or on a petition presented to it, by a victim, or any person on
his be into complaint of violation of human rights or negligence in the prevention
of such violation by a public servant.

(b) Intervene in any proceeding involving any allegation of violation of human

rights before a Court with the approval of such Court.

(c) Visit any jail or any other institution under the control of the State
Government where persons are detained to study the living conditions of the
inmates and make recommendations thereon

(d) Review the safeguards provided by or under the constitution of any law for the
time being in force for the protection of human rights and recommend measures
for their effective implementation.

(e) Review the factors, including acts of terrorism that inhibit the enjoyment of
human rights and recommend appropriate remedial measures.

(f) Undertake and promote research in the field of human rights.

(g) Spread human rights literacy among various sections of society and promote
awareness of the safeguards available for the protection of these rights.

(h) Encourage the efforts of Non-Governmental organizations and institutions

working in the field of human rights.
(j) Undertake such other functions as it may consider necessary for the promotion
of human rights.

Working of the Commission

• The commission is vested with the power to regulate its own procedure.

• It has all the powers of a civil court and its proceedings have a judicial character.

• It may call for information or report from the state government or any other
authority subordinate thereto.

It has the power to require any person subject to any privilege which may be
claimed under any law for the time being in force, to furnish information on
points or matters useful for, or relevant to the subject matter of inquiry. The
commission can look into a matter within one year of its occurrence.

Criticism:
State Human Rights Commission has limited powers and its functions are just
advisory in nature. The commission does not have power to punish the violators
of human rights. It cannot even award any relief including monetary relief to the
victim.

The recommendations of State Human Rights Commission are not binding on the
state government or authority, but it should be informed about the action taken
on its recommendation within one month.

There is a requirement to increase the powers of the State Human Rights

Commission. This could be increased in various ways in delivering justice to the
victims. The commission should be empowered to provide interim and immediate
relief including monetary relief to the victim. The commission should also be
authorized to punish the violators of the human rights, which may act as
deterrent to such acts in the future. The interference of state government in the
working of commission should be minimum, as it may influence the working of
commission.