National Commission for Human Rights

The National Commission for Human Rights (NCHR) is a statutory body in India established to promote and protect human rights. It operates within the framework of the Protection of Human Rights Act (PHRA), 1993, and functions as an autonomous institution with a broad mandate. The NCHR plays a pivotal role in ensuring that human rights are upheld in India, aligning with international standards and constitutional mandates.

Learning outcomes:

1. Understand the constitutional and statutory status of the National Commission for Human Rights.
2. Explore the structure, composition, and powers of the NCHR.
3. Comprehend the role of NCHR in promoting and protecting human rights.
4. Analyze the functioning of the NCHR and its impact on Indian society.

Constitutional and Statutory Framework of the NCHR

The National Commission for Human Rights is established under the Protection of Human Rights Act, 1993, which was enacted to give a statutory status to the body. While the Indian Constitution provides a broad range of fundamental rights that are intrinsic to the concept of human rights, the statutory framework of the NCHR offers an additional institutional mechanism for the protection and promotion of human rights in India.

1. Constitutional Basis: The NCHR aligns with the constitutional objectives laid down under the Fundamental Rights and Directive Principles of State Policy. Human rights, as articulated in Articles 14, 19, 21, and 32, form the foundation of the NCHR’s mandate.

2. Statutory Creation: The Protection of Human Rights Act, 1993, creates the NCHR and defines its composition, functions, and powers. This act also enables the establishment of State Human Rights Commissions (SHRCs) for regional governance.

3. Amendments and Updates: The act has been amended over time to broaden the scope and operational efficiency of the NCHR, particularly through the 2019 amendment, which reduced the tenure of its members and enhanced the participation of civil society.

Important Note: Human rights in India are seen not only as enforceable legal obligations but as moral obligations of the state, bridging constitutional guarantees and statutory frameworks.

Structure and Composition of the NCHR

The structure of the National Commission for Human Rights is designed to ensure autonomy, credibility, and efficiency in its functioning. The Protection of Human Rights Act defines the composition and roles of various members of the NCHR, ensuring a balance between judicial expertise and societal representation.

1. Chairperson: The head of the NCHR is the Chairperson, who must be a retired Chief Justice of India. The chairperson plays a pivotal role in leading the commission’s operations and ensuring its adherence to human rights principles.

2. Members: The NCHR consists of five full-time members, including the chairperson. Among these members:
   ● One must be a former judge of the Supreme Court.
   ● One must be a former judge of a High Court.
   ● Two members are chosen for their expertise and experience in matters relating to human rights.
3. Ex-officio Members: The NCHR also includes several ex-officio members who head other key constitutional and statutory bodies such as the National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), and the National Commission for Women (NCW).

4. Appointments: All appointments to the NCHR are made by the President of India based on recommendations from a committee consisting of the Prime Minister, the Speaker of the Lok Sabha, the Home Minister, the Leader of the Opposition in the Lok Sabha, the Leader of the Opposition in the Rajya Sabha, and the Deputy Chairman of the Rajya Sabha.

Functions and Powers of the NCHR

The National Commission for Human Rights is entrusted with a broad range of powers and functions, as outlined under the Protection of Human Rights Act, 1993. These functions are designed to ensure that the commission can comprehensively address violations of human rights and promote awareness of human rights principles.

1. Investigative Powers: The NCHR has the authority to investigate complaints of human rights violations either suo motu or on petitions filed by individuals. It has the power to summon individuals, compel the production of documents, and conduct inquiries.

2. Recommendatory Authority: Based on its investigations, the NCHR can make recommendations to the government or relevant authorities to take action against human rights violators. Although it cannot enforce its recommendations, the government is required to act on these recommendations or provide explanations for non-compliance.

3. Human Rights Awareness and Education: One of the key functions of the NCHR is to promote awareness of human rights. This includes conducting human rights education, organizing seminars, and collaborating with non-governmental organizations (NGOs) to raise awareness about human rights issues.

4. Review of Laws and Policies: The commission also has the responsibility to review existing laws and policies to ensure that they align with human rights standards. It may recommend amendments to laws that are inconsistent with human rights principles or propose new legislation.

5. Research and Publications: The NCHR conducts research on human rights issues and publishes annual reports and special reports on various aspects of human rights in India. These reports serve as key resources for policy makers, scholars, and activists.

Important Concept: While the NCHR has significant powers of investigation and recommendation, its inability to enforce its decisions has led to criticisms regarding its effectiveness in addressing human rights violations.

Challenges and Criticisms

Despite its noble mandate, the National Commission for Human Rights has faced numerous challenges in fulfilling its role as the guardian of human rights in India. Several factors contribute to the criticism of the NCHR, which raises questions about its effectiveness and independence.

1. Limited Enforcement Powers: One of the most significant criticisms is that the NCHR’s recommendations are not binding on the government. As a result, there is often a lack of accountability, with government authorities failing to act on the commission’s findings.

2. Funding and Resources: The NCHR often faces budgetary constraints that limit its ability to carry out comprehensive investigations and awareness programs. Insufficient resources can also hinder the establishment and functioning of State Human Rights Commissions.

3. Bureaucratic Delays: The commission’s work is often hampered by delays in the judicial and administrative processes, which can affect its ability to address human rights violations in a timely manner. Moreover, there are instances where government agencies fail to cooperate fully with the commission.

4. Political Interference: There are concerns about the potential for political interference in the functioning of the NCHR, particularly in the appointment of its members. This can raise questions about the commission’s independence and impartiality in handling sensitive human rights issues.

Comparative Analysis: NCHR and Global Human Rights Institutions

In the global context, human rights commissions play a critical role in safeguarding human rights. A comparison between the NCHR and similar institutions in other democracies such as the National Human Rights Commission of France (CNCDH) and the Australian Human Rights Commission (AHRC) highlights some structural and functional similarities and differences.

Process Flow: NCHR → Receives complaint → Investigates → Recommends action → Government or Authority response.

Conclusion: Way Forward

To strengthen the effectiveness of the NCHR, several reforms can be proposed, such as enhancing the enforcement of its recommendations, improving financial autonomy, and ensuring greater transparency in its appointments. Strengthening collaboration with civil society and international human rights organizations can also bolster its impact.

MCQ: Which of the following bodies appoints members to the National Commission for Human Rights?

1. Supreme Court
2. President of India
3. Parliament of India
4. Union Ministry of Home Affairs
   Answer: 2