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Polity

National Human Rights Commission

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About

  • The National Human Rights Commission (NHRC) is a statutory body in India, established under the provisions of the Protection of Human Rights Act of 1993.
  • It serves as the watchdog of human rights in the country.
  • It is tasked with safeguarding rights regarding life, liberty, equality, and dignity of members, which might be assured by the Constitution of India and embodied in the international covenants.
  • The Headquarters of the National Human Rights Commission is in New Delhi.
  • The Commission can also establish places of work in other places in India.

Objectives 

  • To strengthen the institutional preparations through which human rights issues will be addressed in their entirety in a more focussed way,
  • To look at the allegations of excesses, independently of the government, in a way that might underline the government’s commitment to protect human rights,
  • To complement and strengthen the efforts which have already been made in this direction.

Composition of National Human Rights Commission (NHRC)

  • The commission is a multi-member body such as the subsequent full-time members:
    • A Chairperson, and
    • 5 other members
  • In addition to these full-time members, the fee also has the following 7 ex-officio members:
    • Chairperson of the National Commission for Minorities,
    • Chairperson of the National Commission for SCs,
    • Chairperson of the National Commission for STs,
    • Chairperson of the National Commission for Women,
    • Chairperson of the National Commission for BCs,
    • Chairperson of the National Commission for the Protection of Child Rights, and
    • The Chief Commissioner for Persons with Disabilities.

Functions of the NHRC

  • To inquire into any violation of human rights or negligence inside the prevention of such violation by a public servant, either suo motu or on a petition offered to it or on an order of a court.
  • To intrude in any intending involving an allegation of violation of human rights pending before a court.
  • To visit jails and detention locations to observe the living conditions of inmates and make suggestions thereon.
  • To assess the constitutional and different legal safeguards for the safety of human rights and suggest measures for their powerful implementation.
  • To review the factors which include acts of terrorism that inhibit the amusement of human rights and endorse remedial measures.
  • To observe treaties and other international systems on human rights and make recommendations for their effective implementation.
  • To adopt and promote research in the discipline of human rights.
  • To unfold human rights literacy among the human beings and promote awareness of the safeguards available for the protection of these rights.
  • To inspire the efforts of non-governmental businesses (NGOs) working in the subject of human rights.

Working of National Human Rights Commission

  • The commission has its own nucleus of investigating workforce for research into complaints of human rights violations.
  • It also can utilize the services of any officer or investigation business enterprise of the Central or any state government for investigating functions.
  • The Commission has also established effective cooperation with the NGOs to get hold of first-hand information about human rights violations.

Powers of NHRC

  • The NHRC is vested with the power to modify its own manner.
  • It has all the powers of a Civil Court and its complaints have a judicial character.
  • It may also call for records or reports from the Central and State Governments or another subordinate authority thereof.
  • The Commission isn’t empowered to inquire into any matter after the expiry of 12 months from the date on which the Act constituting a violation of human rights is said to have been dedicated.
    • In other phrases, it can inspect a count within 365 days of its incidence.
  • The Commission might also take any of the subsequent steps during or upon the completion of an inquiry:
    • To propose to the concerned government or authority to make payment of reimbursement or damages to the sufferer.
    • To advise the concerned government or authority the initiation of proceedings for prosecution or any other action against the guilty public servant.
    • To advocate to the concerned government or authority for the provide of immediate meantime remedy to the sufferer.
    • To approach the Supreme Court or the High Court concerned for the vital guidelines, orders, or writs.

Nature of Functions of NHRC

  • The features of the National Human Rights Commission are specifically recommendatory in nature.
  • It has no power of its own to punish the violators of human rights, nor to award any alleviation which includes financial relief to the sufferer.
  • Its guidelines aren’t binding on the concerned government or authority.
  • But, it must be informed about the movement taken on its recommendations within one month.

Role of NHRC w.r.t. Armed Forces

  • The National Human Rights Commission has a restrained position, powers and jurisdiction with respect to the violation of human rights by the members of the militia.
  • In this respect, the Commission may be searching for a record from the Central Government and make its hints based on them.
  • The Central government has to inform the Commission about the action taken on the guidelines within 3 months.
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