HUMAN RIGHTS COMMISSION
LEKSHMI TS
Ans. D
Ans. A
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Ans. i, iii
NHRC
● National Human Rights Commission
● Independent statutory body
● Formed on-12 October 1993
● Protection of Human Rights Act (PHRA), 1993.
● To protect and promote human rights in India.
NHRC COMPOSITION
● Chairperson
● Five full-time Members
● Seven deemed Members
Chairman
- A person who has been Chief Justice of India or a Judge
of the Supreme Court
5 Members
● 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
● Three Members to be appointed from amongst persons
having knowledge of, or practical experience in, matters
relating to human rights.
Note: Of the three members, at least one will be a woman.
7 Deemed Members
Chairpersons/Chief Commissioner of the
1. National Commission for Backward Classes
2. National Commission for Minorities
3. National Commission for Scheduled Castes
4. National Commission for Scheduled Tribes
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5. National Commission for Protection of Child Rights
6. National Commission for Women
7. Chief Commissioner for Persons with Disabilities
● Appointment : President
● Recommendation committee;
➔ Prime Minister
➔ Speaker of the Lok Sabha
➔ Minister of Home Affairs
➔ Leader of the Opposition (Lok Sabha)
➔ Leader of the Opposition (Rajya Sabha)
➔ Deputy Chairman (Rajya Sabha)
● Removal: President (after the inquiry of the Supreme
Court.)
● Term: Three years or till the age of seventy years
● Annual Report to- Central Government
● The Salaries, allowances and other conditions of service
of the chairperson or a member are
determined by the Central government
● Provided further that no sitting Judge of the Supreme
Court or sitting Chief Justice of a High Court shall be
appointed except after consultation with the Chief Justice
of India
Functions of the NHRC
➔ Inquire into complaints of violation of human
rights/abetment or negligence in the prevention of such
violation by a public servant.
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➔ Intervene in any proceeding involving any allegation of
violation of human rights pending before a court with the
approval of the such court.
➔ Visit any jail or any other institution under the control of
the State Government to study the living condition of the
inmates and make recommendations thereon.
➔ Review the safeguards under the Constitution/law in force
for the protection of human rights and recommend
measures for their effective implementation.
➔ Review the factors like terrorism that inhibit the enjoyment
of human rights and recommend appropriate remedial
measures.
➔ Study treaties and other international instruments on
human rights and make recommendations.
➔ Undertake and promote research in the field of human
rights.
➔ Spread human rights literacy among various sections of
society and promote awareness of the safeguards
available.
➔ Encourage the efforts of NGOs and institutions working in
the field of human rights
Powers of NHRC
● Powers of a civil court in the investigation and inquiry into
complaints of human rights violations.
● Power to recommend compensation to victims of human
rights violations
● Power to approach the Supreme Court or the High Court
for the enforcement of human rights:
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SHRC
● State Human Rights Commission
● Protection of Human Rights Act (PHRA), 1993.
● consist of a Chairperson and 2 members
❖ Chairperson
- A person who has been Chief Justice or Judge of a High
Court
2 Members
➢ one Member who is, or has been, a Judge of a High Court
or District Judge
○ in the State with a minimum of seven years
experience as District Judge;
➢ one Member to be appointed from among persons having
knowledge
○ of or practical experience in matters relating to
human rights
● Appointment - Governor
Recommendation Committee
➢ The Chief Minister
➢ Speaker of the Legislative Assembly
➢ Minister-in-charge of the Department of Home in that
State
➢ Leader of the Opposition in the Legislative Assembly.
● Removal - President
● The chairperson and members are elected for a
three-year term or until they reach the age of 70,
whichever comes first.
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● The Salaries, allowances and other conditions of service
of the chairperson or a member are
determined by the state government
● Eligible for re-appointment
● Annual Report to - State government
● The Kerala State Human Right Commission have been
constituted on 11-December -1998
2019 Amendment
Composition of NHRC
Under the Act, the chairperson of the NHRC is a person who
has been a Chief Justice of the Supreme Court.
The Bill amends this to provide that a person who has been
Chief Justice of the Supreme Court, or a Judge of the
Supreme Court will be the chairperson of the NHRC.
Inclusion of woman member
The Act provides for two persons having knowledge of human
rights to be appointed as members of the NHRC.
The Bill amends this to allow three members to be appointed,
of which at least one will be a woman.
Other members
Under the Act, chairpersons of various commissions such as
the National Commission for Scheduled Castes, National
Commission for Scheduled Tribes, National Commission for
minorities and National Commission for Women are members
of the NHRC.
The Bill provides for including the chairpersons of the National
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Commission for Backward Classes, the National Commission
for the Protection of Child Rights, and the Chief Commissioner
for Persons with Disabilities as members of the NHRC.
Chairperson of SHRC
Under the Act, the chairperson of a SHRC is a person who has
been a Chief Justice of a High Court.
The Bill amends this to provide that a person who has been
Chief Justice or Judge of a High Court will be chairperson of a
SHRC.
Term of office
The Act states that the chairperson and members of the NHRC
and SHRC will hold office for five years or till the age of
seventy years, whichever is earlier.
The Bill reduces the term of office to three years or till the age
of seventy years, whichever is earlier.
Further, the Act allows for the reappointment of members of
the NHRC and SHRCs for a period of five years.
The Bill removes the five-year limit for reappointment.
Powers of Secretary-General
The Act provides for a Secretary-General of the NHRC and a
Secretary of a SHRC, who exercise powers as may be
delegated to them.
The Bill amends this and allows the Secretary-General and
Secretary to exercise all administrative and financial powers
(except judicial functions), subject to the respective
chairperson’s control.
THANK YOU