Introduction – The term Human Rights is a very dynamic and broad term; It includes natural

rights, fundamental rights etc. In short, all the rights that an individual needs to live a
sustainable and respectable life, are known as Human Rights. These rights are universal in
nature and are inherent to an individual.

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of
Human Rights. The 30 articles of the Declaration were adopted in 1948 by the United
Nations General Assembly, and over time these have been integrated into national laws and
international treaties. The core values of the UDHR – human dignity, fairness, equality, non-
discrimination – apply to everyone, everywhere.

India, like every country, has its own National Human Rights Commission which is the
guardian of Human Rights in India.

The NHRC was given statutory basis by The Protection of Human Rights Act, 1993 (TPHRA).

Features of the National Human Rights Commission:

- It is independent commission. it has been created by an Act of Parliament.
- National Human Rights Commission is dedicated to provide independent opinions on issues
within the parlance of the Constitution or in law for the time being enforced for the protection
of human rights. The Commission takes an independent stand.
- National Human Rights Commission has the powers of a civil court.
- It has authority to grant interim relief.
- National Human Rights Commission has authority to recommend payment of compensation
or damages.
- Large number of complaints received every year reflects the credibility of the Commission
and the trust reposed in it by the citizens.
- National Human Rights Commission has wide mandate.
- National Human Rights Commission has exclusive mechanism with which it also monitors
implementation of its various recommendations.
The NHRC is the national human rights institution, accountable for the protection and
promotion of human rights, defined by the Act as "rights relating to life, liberty, equality and
dignity of the individual guaranteed by the Constitution or embodied in the International
Covenants".
Major purpose of the National Human Rights Commission is through the petition of a person,
to examine the violation of human rights or the failures of the state or other to prevent a human
rights violation. The Commission can visit state institutions where people are detained such as
jails to inspect the conditions of the institutions and ensure they are in compliance with human
rights provisions. They can also examine any law or constitutional provisions to ensure that the
protections of the law protect human rights. They are to counsel the state on measures to
prevent violence and related violations as well as on how to effectively implement provisions
of human rights treaties. The commissions may also take on research about human rights, create
awareness campaigns through various mediums, and boost the work of NGOs.
In simple way, "Human Rights" entails the rights relating to life, liberty, equality and dignity
of the individual guaranteed by the constitution or personified in the International covenants
and enforceable by courts in India. "Commission" means the National Human Rights
Commission constituted under section of All human beings are born free and equal in dignity
and rights known as Human rights, as commonly understood, are the rights that every human
being is entitled to enjoy freely irrespective of his religion, race, caste, sex and nationality in
Declaration of Independence acknowledged the fundamental human rights (Jagdish chand,
2007). Human Rights are not static. New rights are accepted and enforced from time to time.
Only persons fully familiar with the latest development about the expanding limits of Human
Rights can encourage their awareness better than others.

COMPOSITION :-

The members of the NHRC are:-

1. Chairperson, who was the Chief Justice of the Supreme Court

2. Member, who is/was a Judge of the Supreme Court
3. Member, who is/was a Chief Justice of a High Court
4. Two members to be appointed from among persons having knowledge of, or
practical experience in, matters relating to Human Rights
5. Four members, the Chairpersons of the 4 national commissions (SC, ST, Women,
and Minorities) serve as ex-officio members.
Appointment and Removal –

The Chairperson and the Members of the Commission are appointed by the President of
India, on the recommendations of a Committee consisting of:

The Prime Minister (chairperson) & 5 other members as specified in the act :-

 The Home Minister

 The Leader of the Opposition in the Lok Sabha
 The Leader of the Opposition in the Rajya Sabha
 The Speaker of the Lok Sabha
 The Deputy Chairman of the Rajya Sabha on i\

Tenure -mage to enlarge

The chairman and members hold office for a term of five years or until they attain the age of
70 years, whichever is earlier.
After their tenure, the chairman and members are not eligible for further employment under
the central or state government.

Vacancy -

If any vacancy occurs in the office of the Chairperson by reason of his being on leave,
resignation, death or otherwise, such other member as may be directed by the President of
India shall act as Chairperson, until the Chairperson resumes office or a new incumbent is
appointed.

Removal-

The president can remove the chairman or any member from the office under certain
circumstances such as on the grounds of proved misbehaviour or incapacity in accordance
with a report submitted by the Supreme Court after conducting a due inquiry upon a
referral by the President of India. However, the above provision has no bar on the President
 to remove the Chairperson or the members of the Commission on any of the grounds if they
are

1. Adjudged as an insolvent; or
2. Engaged in any paid employment outside during their term of office;
3. Unfit to continue in office by reasons of infirmity of mind or body;
4. Declared as of unsound mind by a competent court of law; or
5. Convicted or sentenced to imprisonment for an offence which in the opinion of the
President involves moral turpitude.

Functions of the Commission

1. To inquire into the violation of human rights or abatement thereof either on its own or on a
petition submitted by an affected party or on his behalf by any person, or negligence shown
by a public servant in the prevention of such a violation.
2. To intervene in any of the proceedings pending before a court with the permission of such a
court on any complaint of violation of human rights.
3. To visit any jail, or any other institutions where persons are detained or lodged for purposes
of treatment reformation or protection under the control of a State government with an
advance notice to study the living conditions of the inmates and to make recommendations.
4. To review the safeguards for the protection of human rights provided by the constitution or
any of the existing law and to suggest measures to the Central and State governments for
their effective implementation.
5. To review all the aspects that inhibits the enjoyment of human rights including the acts of
terrorism and recommends the remedial measures to the Government.
6. To study the treaties and other international instruments on human rights and make
recommendations to the Central government for their effective implementation.
7. To undertake and promote research in the field of human rights
8. To propagate the concept of human rights and to promote the awareness for their
protection among the various sections of the society, it can undertake publication of books
or pamphlets or conduct seminars, or use the media or any other means available to it.
9. To promote and support the non-governmental organisations and institutions in the field of
human rights.

Powers of the Commission

The Commission exercises the following powers while inquiring into the violation of human
rights

1. The Commission while inquiring in the violations of the human rights exercises the same
powers of a Civil Court trying a suit under the Civil Procedure Code, 1908. They are
especially in respect to:
2. Summoning and enforcing the attendance and examining them on oath;
3. Discovery and production of any document
4. Receiving evidence on affidavits
5. Requisitioning any public record or copy thereof from any court or office
6. Issuing commissions for the examination of witnesses or documents;
7. Any other matter which may be prescribed
8. The Commission if in its opinion arrives at a conclusion that any information may be useful
for or relevant on any such aspects or matters under its consideration it can direct any
person to submit such information required to it. Any such person directed by it, in
whatever capacity he may be, is legally bound to furnish such information as directed by it
within the meaning of Sections 176 and 177 of the Indian Penal Code.
9. The Commission or any other officer authorised by it can enter into any building or place,
wherein, if in the opinion of the Commission that any document relating to the subject
matter of inquiry may be found and to seize such a document or to take extracts of copies
therefrom subject to the provisions of Section 100 of CrPC to the extent it may be
applicable.

10. The Commission is though empowered to exercise the powers of a civil court only during

the course of inquiring into the complaints, it can also record the facts constituting the

offence and the statement of an accused person as is described in Sections 175, 178, 179,

180 or 228 of the IPC. The Commission after recording the facts constituting the offence and

the statement of the accused as specified in CrPC has to transmit the case to a Magistrate

having jurisdiction to conduct the trial. Since all the proceedings before the Commission are

considered as judicial proceedings, the Magistrate to whom the case is referred bound to

conduct the trial.

Important guidelines by the NHRC :-

 Medical Examination of Prisoners on admission to the Jail

 Visits to Police lockups
 Improving Public-Police relationships
 Revised format of Post-Mortem examination in custodial/judicial deaths
 Ending manual scavenging
 Guidelines for the media in addressing the issue of child sexual abuse
 Procedure on the premature/early release of prisoners

These guidelines are among a lot many which the commission uses to keep the rights of the
citizens intact and to be harmonious with the Constitution of India as well as the Universal
Declaration of Human Rights.
Role of NHRC in safeguarding human rights
Since its formation, the NHRC has widely dealt with issues relating to application of human
rights. NHRC has established its reputation for independence and integrity. There is an ever-
increasing number of complaints addressed to the Commission seeking redressal of
grievances. The NHRC has pursued its mandate and priorities with determination and
considerable success.
Some of the famous interventions of NHRC include campaigns against discrimination of HIV
patients. It also has asked all State Governments to report the cases of custodial deaths or
rapes within 24 hours of occurrence failing which it would be assumed that there was an
attempt to suppress the incident. An important intervention of the Commission was related
to Nithari Village in Noida, UP, where children were sexually abused and murdered. Recenlty,
NHRC helped bring out in open a multi crore pension scam in Haryana. It also is looking up
the sterilization tragedy of Chattisgarh.
In spite of many achievements, the NHRC has been marred with controversies. For instance,
the Batla House encounter case in the recent past. The Commission’s report giving clean chit
to the Delhi Police came under fire from various quarters. It was said that the Commission
had failed to conduct a proper inquiry as its officials never visited the site and filed a report
on the basis on the police version.

Conclusion -

Every commission set up by the government is to serve the people and maintain public law
and order, and just so, the NHRC has been doing work for the country. It has to date
disposed off a lot of complaints pertaining to the violations of Human Rights reported by the
media, Defenders or has taken suo-moto cognizance of it. The NHRC, under the guidance of
senior members, like the ex-Chief Justice of India(ex-CJI) being the Chairperson has shown
an upward trend in disposing of the cases and has been instrumental in keeping the
violations in check and punishing the perpetrators.

Inspite of its glaring defects in the Act, NHRC has made significant contributions to bring a
human rights approach to legislation, policy and programs in our country. It would not be
out of place to mention that NHRC as a watchdog had done reasonable work in propelling
and protection of human rights. Its contributions in India have gone beyond the expected
role of investigating alleged violations, conducting public inquiries, exercising advisory
jurisdiction, providing advice and assistance to governments, creating awareness, promoting
interaction, exchange, and better coordination among other state and international human
rights institutions and publishing annual reports. It has been pertinent towards
strengthening the Human Rights Jurisprudence in our country. NHRC has set the agenda
towards a rights based approach at an international level as well. In the era of globalization
the NHRC has a key role to play in ensuring that the all sections of society can productively
engage with the expansion of opportunities. By ensuring equal opportunities and protecting
citizens against discrimination and inaction, the NHRC can provide a level playing field to all
our citizens and help in shaping our country protecting citizens against discrimination and
inaction. The objective assessment of the Commission’s endeavours must come from the
people of India, whom it seeks to serve in all of their rich diversity and varying
circumstances. The performance of a national institution has to be assessed in terms of not
only its successes in achieving its stated objectives, but also the constraints within which it
has worked.

To summarize, the Government of India did comprehend the need to establish an

independent body to promote and protect human rights. The establishment of an
autonomous National Human Rights Commission by the Government of India mirrors its
commitment for effective execution of human rights provisions under national and
international instruments. According to news reports, Human rights commissions are most
active when their tasks are passably supported by other mechanisms that safeguard a
government’s accountability.

The Enforcement of Human Rights is not a difficult problem if one realizes the existence
of human rights as an integral part of human life. If the former is realized, then the only
hurdle which comes is the web of procedures of enforcement of human rights, into which
the victim gets entrapped. If that web is transformed into a simple and straight road,
walking on which the victim can get his human rights enforced easily. If that does not
happen, then it is very certain, the reporting of human rights violation will be very less.
The Enforcement becomes a difficult problem, when a man with clear vision, closes his
eyes for recognizing any other persons human rights, and when this happens,
enforcement of human rights becomes near to impossible. The latter situation is not
affordable for the welfare of humanity and non-enforcement of human right is a non-
negotiation term for human existence.