LLM Notes: National Human rights Commission and its working

 Section 2(1) (d) of the Protection Of Human Rights Act 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 Covenants and enforceable by courts in India. Indeed in India constitutional and judicial importance attached to the human rights.

National Human Rights Commission (the NHRC)

The National Human Rights Commission or NHRC is autonomous body /statutory body established under the ‘Protection of Human Rights Act 1993.’(amended in 2006.) The Protection of Human Rights Act 1993 also allow state governments to establish the State Human Rights Commission.

NHRC Composition – (NHRC) is composed of a Chairperson and eight other members. NHRC acts as a watchdog of human rights in the country. NHRC looks over the rights that are related to life, dignity, liberty and equality of the individual that is defined in Section 2(1) of the PHR Act.

NHRC is a high-powered body whose Chairman is a retired Chief Justice of India. NHRC is mandated to investigate human rights abuses and recommend punishment of the guilty. In all cases of death in police action NHRC is mandated to investigate & recommend guidelines.

The functions of the National Human Rights Commission (NHRC) as stated in Section 12 of the Protection of Human Rights Act,1993 includes enquiry into complaints of violation of human rights or negligence in the prevention of such violation by a public servant.

NHRC can investigate any complaints related to violations of Human Rights in India either suo-moto or after receiving a petition.

• NHRC can interfere in any judicial process that involves any allegation of violation of Human Rights.

• It can visit any prison/institute under the control of the state governments to observe the living conditions of inmates. It can further make recommendations based on its observations to the authorities.

• NHRC can review the provisions of the Constitution that safeguard Human Rights and can suggest necessary restorative measures.

  Human Rights awareness and literacy through different media are promoted by NHRC in various sectors of society.

• NHRC has the power to recommend suitable steps that can prevent violation of Human Rights in India to both Central as well as State Governments.

• The President of India gets an annual report from NHRC which is laid before both the Houses of the Parliament.

  Limitations of NHRC.

• The Recommendations made by the NHRC are not binding.

• Violation of Human rights by private parties cannot be considered under NHRC Jurisdiction.

• NHRC doesn’t have the power to penalise the authorities that don’t implement its recommended orders.

The Apex Court dwelt upon the constraints of the NHRC in fulfilling its mandate under the Protection of Human Rights.

The grievance of the NHRC that it has become a toothless tiger.

Supreme Court called the NHRC a “toothless tiger”,as it does not have powers to penalise the offenders.

“it was helpless in taking any coercive measures since it has no power to take action against persons or authorities who do not follow the guidelines laid down by it [NHRC] nor does it have power to give directions or pass orders but can only make recommendations.”

The nature of the guidelines issued by the NHRC though binding but are only advisory.

There is a conflict of interest, as the Police officials on deputation, investigating for the NHRC remain attached to their home cadre.

The Court can intervene if the NHRC has failed to perform its statutory functions to safeguard vital fundamental rights.

A report be sent to the NHRC in a format prescribed in the guidelines in all cases of death in police action within 48 hours of the death occurring.

Magisterial Enquiry must be compulsorily conducted and completed in preferably within three months. NHRC cannot be described as a toothless tiger.

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