INTRODUCTION
Human rights are the basic rights and freedoms that belong to every person in the world, from birth
until death. These rights apply regardless of where one is from, what one believes, or how one
chooses to live. In India, the protection and promotion of these rights are enshrined in the
Constitution and various laws. To reinforce this commitment, the Government of India established
the National Human Rights Commission (NHRC), a statutory body tasked with safeguarding human
rights in the country. The idea of having a national body to monitor human rights took form in the
early 1990s, particularly after India ratified various international conventions, including the
International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on
Economic, Social and Cultural Rights (ICESCR).
COMPOSITION OF NHRC
The NHRC is a multi-member body headed by a Chairperson, who must be a retired Chief Justice of
India. Other members include:
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 from among persons having knowledge of, or practical experience in, matters relating
to human rights.
The Chairpersons of the National Commissions for Minorities, Scheduled Castes, Scheduled Tribes,
and Women serve as ex-officio members.
The Chairperson and members are appointed by the President of India based on the
recommendations of a high-powered committee consisting of:
The Prime Minister (Chairperson),
The Home Minister,
The Speaker of the Lok Sabha,
The Deputy Chairman of the Rajya Sabha
This structure is designed to ensure the Commission’s independence and impartiality.
FUNCTIONS AND POWERS OF NHRC
The NHRC is endowed with broad responsibilities and quasi-judicial powers to fulfill its mandate.
Under Section 12 of the Protection of Human Rights Act, its functions include:
Inquiring into complaints of human rights violations, either suo motu or on petitions.
Intervening in court proceedings involving human rights issues.
Visiting jails and detention centers and recommending reforms.
Reviewing legal safeguards for human rights.
Promoting research and awareness.
Encouraging NGOs working in this field.
JURISDICTION AND LIMITATIONS
The NHRC covers all residents of India but can only make recommendations, not enforce them.
Cannot investigate incidents older than one year from the date of complaint.
Cannot directly intervene in armed forces cases, though can seek reports.
State Human Rights Commissions exist but are not mandatory.
MAJOR INTERVENTIONS AND CASES
1. Punjab Mass Cremations Case
2. Nandigram and Singur Incidents
3. Kandhamal Violence
4. Custodial Deaths
5. COVID-19 migrant and healthcare issues
ACHIEVEMENTS OF THE NHRC
Human rights education and awareness
Reforms in prison, juvenile justice, mental healthcare, etc.
“A” status by GANHRI, global recognition
Inspired state commissions and courts
CHALLENGES FACED BY NHRC
1. No enforcement power
2. Limited jurisdiction over armed forces
3. Understaffing and lack of resources
4. Political resistance
5. Backlog of complaints
CONCLUSION
The NHRC is vital in upholding rights and dignity in India. Though it has played an impactful role, its
effectiveness is constrained by lack of enforcement power and systemic issues. Strengthening the
NHRC is necessary to maintain justice and protect constitutional values.