Q1. Explain the composition, powers and functions of National Human Rights Commission?

(7 Marks)

Introduction

Human rights are fundamental freedoms and protections inherent to all individuals, regardless of their
background or status. They are based on principles of dignity, equality, and mutual respect, and are
often protected by both national and international laws. These rights encompass a wide range of
aspects, including civil, political, economic, social, and cultural rights.

National Human Rights Commission

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.

Composition of NHRC

The National Human Rights Commission (NHRC) of India is composed of a Chairperson and five other
full-time members, with the President of India being the appointing authority. Additionally, seven ex-
officio members, who are the chairpersons of various national commissions, also contribute to the
commission.

Full-Time Members:

Chairperson: Must be a former Chief Justice of India or a judge of the Supreme Court.

One Member: Must be a judge of the Supreme Court of India, either serving or retired.

One Member: Must be the Chief Justice of a High Court, either serving or retired.

Three Members: Must have knowledge or practical experience in human rights, with at least one being
a woman.

Ex-Officio Members:

Chairpersons of the following national commissions: National Commission for Scheduled Castes,
National Commission for Scheduled Tribes, National Commission for Minorities, National Commission
for Women, National Commission for Backward Classes, National Commission for Protection of Child
Rights, and the Chief Commissioner for Persons with Disabilities.
The members are appointed by the President on the recommendation of a 6-member committee
consisting of Prime Minister, Union Home Minister, speaker, Deputy Chairman of Rajya Sabha, Leaders
of the main opposition parties of both houses of Parliament.

Tenure of NHRC members

 30 years or 70 years
 eligible for reappointment
 After completion of their tenure, they are not eligible for any post in the Center or State.
 He can be removed by the President on the grounds of misbehavior or incompetence on the
report of the Supreme Court.

Powers of the National Human Rights Commission

1. The National Human Rights Commission has all the powers of a civil court under the Code of
Public Procedure, 1908.

2. He can also ask for records of all proceedings from the police and issue summons to any person.

3. The Commission itself functions as a civil court through which it protects human rights.

4. Prison inspections are also conducted by the National Human Rights Commission to eliminate
child labour, which inspects factories where human rights violations are likely to occur.

5. The Commission assists in human rights cases pending in the Supreme Court.

6. The head office of the National Human Rights Commission is located in Delhi and it can also
open its offices at other places in India.

7. It also has its investigation team to investigate complaints related to human rights violations.

8. Apart from this, it can also take the services of any officer or investigating agency of the Central
and State Governments.

9. The Commission has good coordination with NGOs.

Core Functions of NHRC

1. Investigates violations of human rights by the government or its agencies. This includes
instances of torture, illegal detention, and discrimination based on factors like caste, religion, or
gender.

2. Recommends appropriate remedies to victims of human rights violations. This can involve
compensation, legal assistance, or even prosecution of perpetrators.
 3. Issues guidelines and recommendations to improve human rights practices in the country. The
NHRC regularly reviews and suggests changes to laws and policies to ensure better protection of
human rights.

4. Spreads awareness about human rights through education and advocacy. The NHRC organizes
seminars, workshops, and campaigns to sensitize the public and government officials about their
human rights obligations.

Limitations of the National Human Rights Commission

1. The recommendations given by the Commission are advisory.

2. Due to this the Commission neither has the right to punish any person nor to provide financial
assistance to any person.

3. That means it is in the hands of the government to accept its recommendations or not.

4. The Government is not bound to accept the advice of the National Human Rights Commission,
yet there is a provision that the Government shall inform the Commission within one month as
to what action has been taken on the issue.

5. The Commission cannot investigate human rights violations by the armed forces, For example,
allegations of human rights violations are made in Jammu and Kashmir, eastern states and
actions were taken against Naxalites, but the Commission directs the government to investigate
these cases.

6. The Commission cannot investigate any case in which more than 1 year has passed.

7. The Commission also does not have sufficient officers of its own, so the Commission has to
depend on those departments of the government against which there are allegations of human
rights violations for investigation.

Conclusion

The NHRC has played a pivotal role in upholding human rights in India, addressing numerous violence,
discrimination, and injustice cases. Its interventions have led to positive outcomes for victims, including
compensation, release from illegal detention, and policy changes. While challenges remain, the NHRC
stands as a symbol of hope and accountability, ensuring that fundamental rights are not merely
enshrined in the Constitution but also translated into reality for all citizens.
 Q2. International covenant on civil and political rights? (3 Marks)

Introduction

An "international covenant" is a formal agreement or treaty between nations, often focusing on specific
issues like human rights or environmental protection. It's a binding promise of far-reaching importance,
similar to a convention that outlines obligations and commitments for the participating states.

Meaning of civil and political rights

Civil and political rights are fundamental human rights that protect individuals from government
interference and ensure their ability to participate in society. These rights are often grouped together
because they both relate to individual liberty and freedom. They are crucial for a functioning democracy
and are recognized in international law.

International Covenant on Civil and Political Rights (ICCPR)

The International Covenant on Civil and Political Rights (ICCPR) is a United Nations treaty that obligates
countries to respect the civil and political rights of individuals. It's a key part of the International Bill of
Human Rights, alongside the Universal Declaration of Human Rights and the International Covenant on
Economic, Social and Cultural Rights. The ICCPR, adopted in 1966 and in force since 1976, outlines rights
like freedom of religion, speech, assembly, and the right to a fair trial.

Salient features of International Covenant on Civil and Political Rights (ICCPR)

1. Protection of Civil Liberties:

 Freedom of Thought, Conscience, and Religion: Individuals have the right to hold any beliefs
and to practice their religion freely.
 Freedom of Expression: This includes freedom of opinion, speech, and the press, as well as the
right to hold opinions without interference.
 Freedom of Peaceful Assembly and Association: People have the right to gather peacefully and
form associations.
 Freedom of Movement: Individuals can move freely within a state and have the right to choose
their residence.

2. Political Rights:

 Right to Self-Determination: Peoples have the right to freely determine their political status and
pursue their economic, social, and cultural development.
 Right to Participate in Political Life: This includes the right to vote and participate in elections.
 Equality before the Law: Everyone is equal before the law and is entitled to equal protection
under the law.

3. Protection of Personal Security:

4. Fair Trial Rights:

 Right to a Fair and Public Hearing: Individuals have the right to a fair and impartial hearing by
an independent and impartial tribunal.
 Presumption of Innocence: Everyone is presumed innocent until proven guilty according to law.
 Right to Defense: Accused individuals have the right to defend themselves and to have legal
counsel.

5. Equality and Non-Discrimination:

 Equality before the Law: Everyone is equal before the law and is entitled to equal protection
and benefits under the law.
 Non-Discrimination: The treaty prohibits discrimination on the basis of race, sex, religion,
language, or social origin.

6. Enforcement and Monitoring:

 The Human Rights Committee: This committee is responsible for monitoring the
implementation of the ICCPR by its member states.
 Individual Complaints Mechanism: The First Optional Protocol to the ICCPR allows individuals to
file complaints with the Human Rights Committee if they believe their rights have been violated
by a state.
 Reporting Obligations: State parties are required to submit regular reports to the Human Rights
Committee on their efforts to implement the treaty.

India and ICCPR

India is a state party to the International Covenant on Civil and Political Rights (ICCPR). India became a
signatory to the ICCPR on April 10, 1979. While India's legal framework provides some protection for
human rights, there can be a gap between the law and its practical application, especially in areas like
freedom of expression and assembly.

Conclusion:

The purpose of the International Covenant on Civil and Political Rights (ICCPR) is to establish and protect
a wide range of civil and political rights for individuals worldwide. It's a binding international treaty that
commits countries to respecting and upholding these rights within their jurisdictions. However the
implementation is not a simple task.