1. Establishment of the NHRC
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What is NHRC?
The NHRC is a statutory body. This means it was created by a law passed by the Parliament, not directly by the Constitution.
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When and How was it established?
It was set up in 1993 through a law called the Protection of Human Rights Act, 1993.
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Purpose of NHRC:
The NHRC acts as a watchdog for human rights in India.
Human rights include:
- Right to Life
- Liberty (freedom to live freely)
- Equality
- Dignity of an individual
These rights are either:
- Guaranteed by the Indian Constitution, or
- Part of international agreements (covenants) that India follows.
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Why was NHRC created? (Objectives):
a) To strengthen systems that deal with human rights in a more focused way.
b) To investigate human rights violations independently, showing the government’s commitment to protecting rights.
c) To support and improve existing efforts in protecting human rights.
2. Composition of the NHRC (Who runs it?)
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Structure:
The NHRC is a multi-member body with:
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Who can be the Chairperson?
A retired Chief Justice of India or a Judge of the Supreme Court.
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Who can be the Members?
- A current or retired Supreme Court Judge
- A current or retired Chief Justice of a High Court
- 3 experts with knowledge/experience in human rights (at least 1 must be a woman)
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Ex-officio Members (Additional Members by Position):
These are automatic members because of their roles in other commissions:
- Chairpersons of:
- National Commission for Minorities
- National Commission for Scheduled Castes (SCs)
- National Commission for Scheduled Tribes (STs)
- National Commission for Women
- National Commission for Backward Classes (BCs)
- National Commission for Protection of Child Rights
- Chief Commissioner for Persons with Disabilities
3. Appointment Process
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Who appoints them?
The President of India appoints the Chairperson and members.
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Based on whose recommendation?
A 6-member committee recommends names:
- Prime Minister (Chair of the committee)
- Speaker of the Lok Sabha
- Deputy Chairman of the Rajya Sabha
- Leaders of the Opposition (from both Lok Sabha & Rajya Sabha)
- Union Home Minister
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Special Rule for Judges:
If appointing a current Supreme Court judge or High Court Chief Justice, the Chief Justice of India must be consulted.
4. Tenure and Reappointment
5. Removal of Chairperson or Members
The President can remove them if any of the following happens:
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Automatic Removal (Direct grounds):
a) Insolvency: Declared financially bankrupt.
b) Paid Employment: Takes up another paid job while serving in NHRC.
c) Mental/Physical Unfitness: Can’t perform duties due to health issues.
d) Unsound Mind: Declared mentally unfit by a court.
e) Criminal Conviction: If convicted and sentenced to jail for a crime.
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Misbehavior or Incapacity:
If there’s an allegation of misconduct or inability to perform duties, the process is:
- The President refers the case to the Supreme Court.
- The Supreme Court investigates.
- If the Court confirms the charges, the President can remove them.
6. Salary, Allowances, and Job Security
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Who decides their salary?
The Central Government.
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Can their salary be reduced later?
No, once appointed, their salary and benefits cannot be reduced.
7. Why These Rules?
All these rules are made to ensure that the NHRC:
- Stays independent from government influence.
- Works with full autonomy.
- Functions in an impartial (fair and unbiased) way.
Functions of the NHRC (What Does the NHRC Do?)
The NHRC performs several important duties to protect and promote human rights in India:
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(a) Investigate Human Rights Violations:
It can inquire into any case of human rights violation or even if a public servant failed to prevent such violations.
- This can be done:
- On its own (suo motu)
- Based on a petition/complaint from someone
- On the orders of a court
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(b) Intervene in Court Cases:
It can intervene in legal cases where there are allegations of human rights violations, even if the case is already in court.
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(c) Visit Jails and Detention Centers:
The NHRC can inspect jails and detention centers to check the living conditions of prisoners and suggest improvements.
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(d) Review Legal Safeguards:
It reviews laws and constitutional provisions related to human rights and suggests ways to make them more effective.
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(e) Analyze Factors Affecting Human Rights:
It studies various factors (like terrorism) that can harm human rights and recommends solutions.
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(f) Study International Agreements:
It reviews international treaties and agreements related to human rights and advises the government on how to implement them effectively.
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(g) Promote Research:
The NHRC conducts and supports research in the field of human rights to find better ways to protect them.
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(h) Spread Awareness:
It works to educate people about their human rights and the safeguards available to protect these rights.
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(i) Support NGOs:
It encourages the work of Non-Governmental Organizations (NGOs) that are active in the field of human rights.
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(j) Other Necessary Functions:
The NHRC can perform any other functions it considers necessary for the promotion and protection of human rights.
Working of the NHRC (How Does It Function?)
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Headquarters:
Located in Delhi, but it can open offices in other parts of India.
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Power to Set Its Own Rules:
The NHRC can decide its own procedures for how it works.
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Powers Like a Civil Court:
Its proceedings have a judicial character, meaning it has powers similar to a civil court, such as:
- Summoning people
- Collecting evidence
- Requiring documents
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Getting Information:
It can demand reports or information from:
- Central and State Governments
- Other government authorities
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Investigation Team:
The NHRC has its own investigation staff to handle complaints of human rights violations.
- It can also use officers or agencies from the Central or State governments for investigations.
- It works closely with NGOs that have firsthand information about human rights issues.
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Time Limit for Inquiries:
The NHRC cannot investigate cases older than one year from the date the violation occurred.
Actions the NHRC Can Take After an Inquiry
After completing an inquiry, the NHRC can:
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(a) Recommend Compensation:
Suggest the government pay compensation or damages to the victim.
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(b) Recommend Prosecution:
Advise the government to start legal proceedings against the guilty public servant.
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(c) Recommend Immediate Relief:
Suggest immediate help or relief for the victim, even before the final judgment.
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(d) Approach Courts:
The NHRC can go to the Supreme Court or High Court to get directions, orders, or writs necessary for justice.
Role of the NHRC (How Effective Is It?)
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Mainly Recommendatory:
The NHRC’s role is mostly to make recommendations. It:
- Cannot punish human rights violators.
- Cannot award compensation directly to victims.
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Are Its Recommendations Binding?
No, the recommendations are not legally binding. However:
- The government must inform the NHRC about the action taken on its recommendations within one month.
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Is the NHRC Powerless?
No, despite not having enforcement powers:
- It has strong moral authority.
- Governments usually take its recommendations seriously because ignoring them can attract public and international criticism.
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NHRC and the Armed Forces:
The NHRC has limited powers when it comes to human rights violations by the armed forces.
In such cases:
- It can only ask the Central Government for a report.
- Based on the report, it can make recommendations.
- The Central Government has to respond within 3 months on the action taken.
Reporting to the Government
✅ Key Takeaways:
- NHRC is an advisory body, not an enforcement agency.
- It investigates, advises, recommends, and raises awareness about human rights.
- Its recommendations are influential, though not legally binding.
- It plays a vital role in protecting human rights through moral authority and public accountability.
- Its powers are limited regarding cases involving the armed forces.
Problems Faced by NHRC in Terms of Administrative, Financial, and Manpower Constraints
1️⃣ Administrative Constraints
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Lack of Autonomy:
The NHRC is dependent on the Central Government for administrative matters, which limits its independence in decision-making.
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Bureaucratic Delays:
There are frequent delays in approvals related to administrative activities, such as recruitment, infrastructure development, and operational processes.
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Limited Investigation Powers:
The NHRC often relies on state machinery (like police officers) for investigations, which can compromise neutrality and lead to biased reports.
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Inefficient Case Management:
There’s no robust case-tracking system, causing delays and inefficiencies in the handling of complaints.
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Overburdened System:
The high volume of cases with limited administrative support leads to delays in inquiry and justice delivery.
2️⃣ Financial Constraints
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Insufficient Budget:
The NHRC’s budget is allocated by the government, and often it is inadequate to meet its growing responsibilities, including awareness campaigns, research, and infrastructure development.
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No Financial Autonomy:
The commission cannot generate or manage its own funds. It is completely dependent on the government, limiting its independence in conducting activities.
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Funding Delays:
Even the allocated budget is sometimes released late, causing delays in important projects, investigations, and administrative functions.
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Limited Resources for State Commissions:
State Human Rights Commissions (SHRCs) also face similar financial issues, affecting the coordination between national and state bodies.
3️⃣ Manpower Constraints
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Shortage of Staff:
There is an acute shortage of qualified staff, including investigators, legal experts, and human rights specialists, leading to delays in case handling.
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Overburdened Workforce:
Existing staff are often overworked, having to deal with a large number of cases without sufficient support.
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Lack of Specialized Training:
Many officials lack specialized training in human rights laws, investigation techniques, and legal procedures, affecting the quality of inquiries.
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Vacancies in Key Positions:
Key posts like members, investigators, and legal advisors often remain vacant for long periods, further weakening the commission’s effectiveness.
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Dependency on External Agencies:
Due to limited manpower, the NHRC relies heavily on police and government officials for investigations, which may affect the impartiality of the process.
⚡ Conclusion: Way Forward
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Administrative Reforms:
Grant more autonomy to NHRC, improve case management systems, and reduce bureaucratic hurdles.
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Financial Empowerment:
Ensure adequate and timely funding, along with financial independence for operational flexibility.
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Manpower Development:
Fill vacancies promptly, recruit specialized professionals, and conduct regular training programs for staff.
