NATIONAL HUMAN

RIGHTS
COMMISSION
CONCEPT OF HUMAN RIGHTS

• Human rights as a concept is constantly evolving. These rights are associated with
the laws, customs and religion from a long time. People's duties, rights and
responsibilities are addressed in five oldest written sources which are the Hindu
Vedas, the Babylonian Code of Hammurabi, the Bible, the Quran and the Analects
of Confucius. These rights are provided in different ways in different countries.
• In India, these rights are Incorporated in the Constitution whereas in the UK these
rights are provided through precedents.
• Human rights are the basic rights and freedoms that all people are entitled to
everywhere. Human rights also put the responsibility on the person to not to violate
another person's human rights.
 HISTORY OF NHRC

• UN Commission on Human Rights formulated the Universal Declaration of Human

Rights on 10th December, 1948.
• The international community recognized the growing importance of strengthening
national human rights institutions and arranged a meeting of representatives of
national institutions in Paris.
• A detailed set of principles on the status of national institutions was developed,
these are commonly known as the Paris Principles which became the foundation for
the establishment and operation of national human rights institutions.
• The National Human Rights Commission (NHRC) was established on October 12,
1993.
• Its law is contained in the Protection of Human Rights Act, 1993 and is in
conformity with the Paris Principles.
FUNCTIONS OF NHRC

• Conduct inquiries on its own or on the complaint received from the victim or some other person on
behalf of the victim.
• The National Human Rights Commission can intervene in the proceedings of the courts which involves
any type of allegation regarding violation of human rights, such intervention will be done after prior
approval of the court.
• Conduct research to study the living conditions of the inmates in prison and other detention places and
make suggestions to the concerned authority for the improvement.
• Reviews the factors which hinder human rights.
• It studies international instruments regarding human rights and gives suggestions to the concerned
authority for their implementation.
• Educate the people regarding human rights available to them and steps they can take to protect their
human rights by organizing seminars, workshops etc.
COMPOSITION OF NHRC – SECTION 3 OF
PROTECTION OF HUMAN RIGHTS, 1993
• The National Human Rights Commission comprises of a Chairperson.
The Chairperson should be a retired Chief Justice of India.
• There are four other members. These are:
There should be one Member who is, or has been, a Judge of the
Supreme Court.
There should be one Member who is, or has been, the Chief Justice of
the High Court.
Two other members should be there who have the knowledge or
practical experience in matters related to human rights.
APPOINTMENT OF THE MEMBER – SEC 4

• On the recommendation of a committee, the President of India appoints the chairperson and the
members of the National Human Rights Commission. The committee consists of the following
members:
1. Prime Minister of India [CHAIRPERSON]
2. Home Minister of India
3. Speaker of Lok Sabha Leader of Opposition [Lok Sabha]
4. Leader of Opposition (Rajya Sabha)
5. Deputy Chairperson of Rajya Sabha

After consulting the Chief Justice of India, the appointment of the present Judge of the Supreme Court or
the Chief Justice of the High Court is done.
REMOVAL OF THE MEMBER – SEC 5

• By Resignation
• Removal – There are five grounds provided on which President may remove the
Chairperson or any other member from his office.
1. If that person has been declared as insolvent
2. If that person engages during his term of office in any other paid employment outside
the duties of his office
3. If that person is unfit to continue because of the infirmity of the mind or body
4. If that person is of unsound mind as declared by a competent Court
5. If that person has been declared as guilty of criminal offence and is sentenced to
imprisonment and if in the opinion of the President it involves moral turpitude.
TERM OF OFFICE OF CHAIRPERSON &
MEMBERS- SEC 6
• For a period of 5 five years or until the Chairperson reaches 70 years of
age, whichever is earlier the Chairperson can hold the office.
• For a period of 5 years, the members that are appointed can hold the
office. These members are also eligible for re-appointment for another
term provided, that member should cease to hold the office after
attainment of 70 years of age.
• Under the Government of India or the State Government, the person
who holds the office of the Chairperson or a member will not be eligible
for further employment.
ROLE OF UN IN PROTECTION OF HUMAN
RIGHTS
• Charter Bodies- To fulfil UNs general purpose of promoting human rights Charter
Bodies are established under the UN Charter. In order to promote human rights
in all UN member states, the charter bodies contain broad instructions on this.
The Human Rights Council is the principal UN Charter Body responsible for the
protection of human rights.
• Treaty Bodies-Treaty Bodies are only concerned with the countries which are a
party to that treaty. So, they are responsible for monitoring as well as promoting
a particular human rights treaty. In order to supervise the implementation of the
treaty obligation by the State parties, many human rights treaties established
the treaty monitoring bodies.
THANK YOU