Introduction

Human beings are only species who are rational beings. All human beings
are dignified only, when he or she born they have to possess certain rights
according to the constitution, national and international declaration. By
benefit of being humans they possess certain essential and undeniable
rights which are universally known as human rights. They are essential in
all the individuals without distinction of their caste, faith, religion, gender,
race and nationality and etc. These rights are necessary for all the
individuals as they are in agreement with their freedom and self-esteem
and are favourable to physical, moral, social and spiritual welfare. More or
fewer people are aware of their rights but the question is how these rights
will be protected. Human Rights are better protected at the national level
with adequate laws independent judiciary & effective mechanisms.
However, they seldom initiate action on their own except in public
interest cases and their educational role is very limited. The
international community has increasingly realised the importance of
Human Rights implementation at the national level and the United
Nations started addressing the issue of National Human Rights
Institutions since 1946. The United Nations international workshop on
National Institutions for [promotion and protection of human rights
resulted in drafting of guidelines that were later adopted by the UN
commission on human rights as the "Paris principles" in 1992 and
adopted by the UN General Assembly in 1993. The Vienna World
Conference on human rights and its declaration in 1993 also
encouraged the establishment and strengthening of national human
rights institutions for effective realization of human rights.

The Paris Principles have become the focal point for development of
national human rights commissions all over the world. [Link] deal with
three important areas of national human rights institutions. They are:

.Autonomy and responsibility

.Composition and Methods of operations, and
.Competence to settle individual complaints.

The National Human Rights Commissions are unique independent

institutions and play a supportive and supplementary role to the
existing institutions. The National Human Rights Commissions do not
replace the role of the already existing legal and administrative
framework in the form of courts, legislature and executive bodies and
other institutions.
Through this article, I have to debate on Violations of human rights and
their protection by NHRC in india's context over years. Yes, we have
been adopted several mechanisms to protect our rights in india. In this
obligation, an attempt has been made to consider one of such
instruments, i.e. the role of National Human Rights commission (NHRC)
in removing these heinous human rights violations through various
polices and programs.

NATIONAL HUMAN RIGHTs

COMMISSION OF INDIA

The National Human Rights Commission of India was set up in India

under the Protection of Human Rights Act, 1993. It's a statutory and
Non-constitutional body established on 12 October 1993 under the
human rights ordinance. Afterwards it was amended by the Protection
of Human Rights (Amendment) Act, 2006.
The then Prime Minister of India convened the Chief Minister's
Conference in 1992 to develop modalities of setting up the Human
Rights Commissions. The meeting examined the possibility of placing
constitutional rights of civil liberties within the ambit of the Commission,
including issues of custodial Justice. The State governments have also
set upstate human rights commission to deal with human rights
violation within their states. Currently there are eighteen State human
rights commissions in India.
The primary aim to establish the National Human Rights Commission
was the protection of citizens from all the evil things such as cruelty,
torture, indignity and inhuman treatment of women, children, elders,
prisoners, and all human beings in the country. The protection of
Human Rights Act, 1993 originated from UN Declaration of Human
Rights Convention, which was adopted by the United Nation General
Assembly in 1948. The National Human Rights Commission is
responsible for the safeguard and promotion of human rights, it’s
defined by the Act as "rights connecting to life, liberty, equality, and
dignity of the individual guaranteed by the Constitution and embodied
in the International Conventions".
The major responsibility of NHRC constantly fighting against many
kinds of violation against marginalised groups i.e. women, elders,
children, religious, minorities, caste minorities, racial minorities, people
with disabilities, prisoners, refugees, LGBT and etc

HUMAN RIGHTS VIOLATION IN INDIA

The violation of human rights is a universal phenomenon. The

prevalence of human rights violation more common and ever increasing
in India today. Several types of torture, abuse, cruelty and offences
against people most of the violence against marginalised and
vulnerable groups i.e religious minority, caste minority, women, children,
elder, people with physical and mental impairments, LGBT and etc. The
recent statistics reveal that much more custodial death in police station
during the inquiry of the accused, National Human Rights Commission
constantly fighting against such type of violation and also suggest the
recommendation to the criminal justice system to speedy and impartial
justice to the victims and rights of prisoners (Bajwa, G.S, 1995).
According to the report of the Asian Centre for Human Rights “Torture
in India 2011”,The National Human Rights Commission recorded a total
of 14, 231 deaths in custody in India between 2001 and 2010, which
includes about 1,504 deaths in police custody and about 12,727 deaths
in judicial custody. This report observes that these are only the cases
reported to the NHRC, and do not include all the cases of custodial
deaths. The report attributes the deaths in custody to torture, denial of
medical facilities and inhuman prison conditions. Once a person was
taken into custody, the responsibility for his/her life, health and safety
rest with the authorities in whose custody he or she is, be it the police
or the jail authorities.

COMPOSITION OF NHRC
NHRC is an autonomous institution consisting of :
(1) A Chairperson who has been a Chief Justice of the Supreme Court;
.One Member who is or has been a Judge of the
Supreme Court;
.One Member who is or has been the Chief Justice
of a High Court;
.Two Members to be appointed from amongst persons having
knowledge of, or practical experience in matters relating to Human
Rights;
(2) The Chairperson of the National Commission for Minorities, National
Commission for the Scheduled Castes, National Commission for the
Scheduled Tribes and National Commission for Women are deemed
Members of the Commission.
(3) There is a Secretary General who is the Chief Executive Officer of
the Commission and exercises such powers and discharges such
functions, as delegated to him by the Commission or Chairperson, as
the case may be.

Composition of National Human Rights Commission in

India:

The NHRC comprises of:

.The Chairperson of NHRC should be a retired Chief Justice of India
. One member who has been, a Justice of the Supreme Court of India
. Another one member who has been, the Chief Justice of a High Court
. Two members have been appointed from amongst persons having
knowledge of, or practical experience
in, areas relating to human rights
. Moreover, the NHRC also consists of Chairpersons of four National
Commissions (Scheduled
Castes, Scheduled Tribes, Women and Minorities) function as ex officio
members

DIVISIONS OF NHRC:

There are six divisions in the NHRC. These have been entrusted with
specific tasks and they work in close .consultation and coordination.
The six divisions are: .The Administrative Division .The Training
Division .The law Division .The policy research and project division
.The Investigation Division .The Information and Public Relations Division
FUNCTIONS OF NHRC
The primary function of NHRC is to conduct inquiries into violations of
human rights. NHRC conducts inquiries for the following categories of
violations:

CATEGORIES OF VIOLATIONS

. Violation of right to life, liberty, equality and dignity.

.Negligence of public servant in prevention of human rights violations.
.Violation of international treaties to which India is a party.
.Abetment of violation of human rights by a public servant.
FUNCTIONS :
.To inquire into human rights violations on its own or on a .petition by a
victim or any person on his/her behalf.
.To Intervene in any proceeding involving any allegation of .violation of
human rights pending before a court.
.To visit jails, hospitals, juvenile homes, mental hospitals, etc. to .study
the living conditions of the inmates.
.To Review the law and procedures for protection of human rights and
make recommendations for their effective implementation.
.To Review the factors, including acts of terrorism that inhibit the
enjoyment of human rights and recommend appropriate remedial
measures.
.To study treaties and other international instruments on human .rights
and make recommendations for their effective implementation.
.To Undertake and promote research in the field of human rights;
.To spread human rights literacy among the people and promote
awareness of the safeguards available for the protection of
these .rights.
.To Undertake such other functions as it may consider necessary for the
promotion of human rights.
.To encourage the efforts of non governmental organisations (NGOs)
working in the field of human rights.
WORKING OF THE COMMISSION
The commission's headquarters is at Delhi and it can also establish
officers at the other places in [Link] is vested with the powers to regulate
its own [Link] has all the powers of a civil court and Its proceedings
have a judicial [Link] may call for information or report from the
Central and state governments or any other authority subordinate
thereto. The commission has its own nucleus of investigating staff for
investigation into complaints of human rights violations besides it is
empowered to utilise the services of any officer or investigation agency if
the central government or any other state government for the [Link]
has also established effective cooperation with the NGOs with first-hand
information about human rights violations. The commission is not
empowered to inquire into matters after the expiry of one year from the
date on which the act constituting violation of human rights is alleged to
have been committed. In other words it can look into a matter within one
year of its occurrence. The commission may take any of the following
steps during or upon the completion of an inquiry:- .It may recommend to
the concerned government or authority to make payment of
compensation or damages to the victim. .It may recommend to the
concerned government or authority the initiation of proceedings for
prosecution or any other action against the guilty public servant. .It may
recommend to the concerned government or authority for the grant of
immediate interim relief to the victim. .It may approach the Supreme
Court or the high court concerned for the necessary directions, orders or
writs.
IMPORTANT CASES DECIDED BY NHRC :-
The following are some of the important cases which have been taken up
by the NHRC and created a positive jurisprudence to prevent violations of
human rights. The trainees will appreciate and understand the role of
NHRC in protection and promotion of human rights through
these selected cases. For details of these cases, they are available on
official site of NHRC
(01) GUJRAT ROITS CASE:-

The National Human Rights Commission had taken suo-motu

cognizance of media reports about the unearthing of a mass grave in
Lunawada village of Panchmahal District of Gujarat. The Commission
sought a report from the State Government and CBI in the [Link]
Scale incidences of communal violence were reported in Gujarat during
February March 2002. About three thousand people belonging to
minority Muslim community. were killed and property was destroyed.
The Gujarat state government and its police did not take appropriate
measures to prevent violence and failed to provide safety, security and
justice to the victims of Muslim minority community. What can be done
in these type situations of massacre of people in collusion with the
state? Does NHRC have the power to inquire suo-moto into this case of
gross violation of human rights? Indeed, the NHRC initiated a suo-moto
inquiry into these incidents and directed the state government to report
the measures taken to restore peace in the state of Gujarat. The
Commission also approached the Supreme Court of India on behalf of
the victims of the Gujarat riots.

(02) PUNJAB MASS CREMATIONS CASE :-

The National Human Rights Commission awarded compensation of

Rs.1.75 lakh each to the next of kin of 1051 victims of the Punjab Mass
Cremation Case. The Commission found that the bodies of these
persons were cremated by the State authorities in violation of rules on
cremation of unidentified bodies. The act amounted to violation of the
dignity of the dead and hurt emotions and sentiments of their kin, who
would have preferred to perform their last rites, the Commission held.
The Punjab Government was directed to deposit Rs.18,39,25,000/-
within three months for disbursement to the next of [Link] case is a
shocking incident of gross violation of human rights wherein a large
number of human bodies was cremated by the Punjab police. This case
was referred to NHRC by the Supreme Court. The Commission found
the State of Punjab accountable and responsible for the infringement of
the right to life of the deceased. Again on 8 March 2006, the
Commission granted compensation in respect of 38 more persons.

(03) STARVATION DEATHS IN ORISSA CASE :-

The NHRC took cognizance of the reports of deaths of people due to
starvation in Koraput, Bolangie and Kalahandi districts of Orrisa. It sent
a team to report about the existing [Link] also appoint- -ded a
special rapporteur to look after the relief and rehabilitation work. NHRC
periodically reviews the measures taken by the state government to
prevent starvation deaths.
(04)ENCOUNTER DEATHS IN ANDHRA PRADESH CASE :-

The Andhra Pradesh Civil Liberties Committee (APCLC) complain- -ed

to the NHRC about encounter deaths wherein the police. were killing
people on the suspicion of being members of the People's War Group
The police said that the deaths took place when armed militants
resisted arrest, but the Andhra Pradesh Civil Liberties Committee
insisted that there were extra-judicial killings amounting to unjustified
and unprovoked murders. They gave the details of 285 such incidents.
NHRC inquired into six cases involving the death of seven people and
formulated guidelines in 1997 for the first time in India, detailing the
procedure in respect of encounter deaths.
(05) DEATHS DUE TO SILICOSIS CASE :-

The National Human Rights Commission expressed deep concern at

the deaths of tribals from Alirajpur tehsil of Jhabua District of Madhya
Pradesh, who worked as labourers in the quartz crushing factories of
Godhra in Gujarat due to silicosis/silicotuberculosis. The Commission
learnt anout this tragedy when it went through a news report captioned.
"Death Stalks Godhra again, in the form of silicon dust" in the Indian
Express on 19 September, 2007. As per the report, these tribals were
exposed to silica dust and no protection was given to them at their
work. place. The report also said that about 200 tribals had died in the
last four years. The report added that those labourers whot returned to
their villages in Jhabua and died of silicotuberculosis in their villages
were not getting any compensation or retribution as they didn't have
documentary proof to process compensation claims.

After going through the report, the Commission directed that the same
may be forwarded to the Chief Secretaries of Gujarat and Madhya
Pradesh and also to the District Collectors of Panchmahal and Jhabua
for a factual report within four weeks. The Commission also dispatched
a team from the Investigation Division for a spot enquiry.
PROCEDURE FOR DEALING WITH COMPLAINTS :
One of the basic functions of NHRC is to deal with complaints. Any
person or group of persons or any organisation can submit a complaint
about human rights violations to NHRC. The complaints received by the
Commission are registered and given a specific number. These
complaints are placed before the Members. The Commission may ask
for any further information and affidavits in support of the allegations in
the complaints. If the Commission does not find any substance in the
complaint, then the complaint can be dismissed.
Once a complaint is admitted, the Commission directs further inquiry or
investigation. The Commission also calls for reports or comments from
the respective state governments. Subsequently, a detailed note on the
merits of the case is prepared and placed before the Commission. The
complaint can be closed in case no further inquiry is required or the
concerned government has taken the required [Link] Commission
has its own investigation staff, headed by a Director General of Police,
for investigation into complaints of human rights violations. The
Commission can also utilise the services of any officer or investigation
agency of the Central Government or any State Government in
conducting an investigation. In some cases, the Commission has also
associated non Governmental organisations during enquiries.

Complaints admitted by NHRC :-

.Deaths in police and judicial custody.
Fake encounters by police, army or paramilitary forces.
.Illegal detention, extortion and intimidation by police. Beating, torture
or rape in police custody or in judicial custody.
.Denial of basic facilities of legal aid, decent food, hygiene in police.
.Atrocities against Dalits and denial of access to village tanks, wells and
water sources.
.Forced or bonded labour.
.Environmental pollution.
Types of recommendations made by the Commission to
Government :-
The NHRC issues the following kinds of directions based on the
complaints taken up. Sometimes NHRC can issue directions on its own
based on the seriousness of the complaint. The Commission can also
approach a court and register a criminal case against the guilty
persons.
.Pay compensation to the victim or to the victim's family.
.Take disciplinary action against the guilty persons.
.Initiate proceedings for prosecution against the concerned person.
.Take preventive measures so as to stop further Human Rights violation.

ROLE OF NHRC IN THE PROTECTION OF HUMAN

RIGHTS :-

Meanwhile, it's appropriate development of the National Human Rights

Commission has extensively dealt with issues relating to the application
of human rights. NHRC has established its upright for freedom and
morality. There is constantly increasing several numbers of complaints
addressed to the Commission seeking redressal of complaints. The
National Human Rights Commission has followed its obligation and
significances with resolve and significant success of the protection and
promotion of human rights of every individual. Some of the renowned
intermediations of NHRC include campaigns against discrimination of
all marginalised and vulnerable groups include LGBT and HIV affected
persons. It also has been asked all State Governments to report the
cases of custodial deaths in the police station, prisons and other
institutions for apprehended the inmates or rapes within 24 hours of
occurrence failing which it would be assumed that there was an attempt
to destroy the incident.

CONCLUSION:-
National Human Rights Commission has been made significant
contributions to essential functions and major responsibilities to protect
the human rights at Nationwide. It has received the complaints and
takes the necessary action towards the complaints related to human
rights violation at the national level. It has made an attempt to bring a
human rights approach and major responsibilities to legislative
processes, innovative policy-making and programs implemented within
the country level as well as the state. Its contribute the major role in
protection and promotion of human rights in India, as well as concerned
state, have disappeared freestanding the anticipated role of
investigation alleged violations, examining the public inquiries
exercising evaluate the jurisdiction, if there is any necessity for
providing direction and assistance to governments, creating awareness
about human rights education among the lawmakers, academicians,
stakeholders, and students as well as the public, concerning that
promoting the interaction between the public and other stakeholders,
improved the relationship between states and international human
rights organisations and publishing annual reports, pieces of literature,
magazines and periodical reviews. Moreover, it has been conducting
the human rights- related seminars, workshops, and conferences and
etc. It has been appropriate towards the reinforcement of the Human
Rights Jurisprudence in our country.

REFERENCES:-
.Official site of NHRC, [Link]

.DD BASU’s introduction to Indian constitution

.Showkat Ahmad Bhat and Mudasir Nazir, role of national human rights
commission in protection of human rights in india.
.Singh Sehgal, human rights in India problems and perspectives.