National Human Rights Commission of India
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The National Human Rights Commission (NHRC) of India is an autonomous commission constituted by the Central Government to protect human rights in India under the Protection of Human Rights Act (PHRA) of 1993.
Created largely in response to the firestorm of international controversy that arose over the actions of India's Border Security Forces (BSF), the NHRC has been derrogated as being merely a mechanism for deflecting criticism of India's human rights record, rather than an organ of genuine power and accountability.
Chapter II of the PHRA mandates that "The Central Government shall constitute a body to be known as the National Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act," namely protecting "the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution and enforceable by courts in India."
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Composition
Under the PHRA, the National Human Rights Commission is to consist of:
- 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;
and
- the Chairpersons of the National Commission for Minorities, the National Commission for the Scheduled Castes and Tribes, and the National Commission for Women, as ex-officio Members.
While the first three positions have been filled by former justices as called for under the PHRA, the Commission has been criticized for failing to appoint any human rights professionals to the governing board. Despite the PHRA's provision for two such members, the final slots have instead been filled with an ex-diplomat and, despite a great deal of protest and a Supreme Court challenge, the ex-chief of the Indian Central Bureau of Investigation, Mr. P.C. Sharma. Mr. Sharma's selection, in particular, has netted the condemnation of civil society in India and has tarnished the organisation's credibility with some members of the public who feel that the appointment of the former head of a body from which a substantial number of complaints to the Commission arise stretches the bounds of good faith.
Functions
As per Chapter III of the PHRA, the following functions shall be performed by the NHRC:
(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into complaint
- violation of human rights or abetment thereof or
- negligence in the prevention of such violation
by a public servant
(b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court
(c) visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon
(d) review the safeguards provided by or under the Constitution of India or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation
(e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures
(f) study treaties and other international instruments on human rights and make recommendations for their effective implementation
(g) undertake and promote research in the field of human rights
(h) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means
(i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights
(j) such other functions as it may consider necessary for the protection of human rights in India
Powers
The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code.