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NATIONAL HUMAN RIGHTS COMMISSION IN INDIA: FUNCTIONS AND

RESPONSIBILITIES TO PROTECTION OF HUMAN RIGHTS

Dr. R.Sankar
Guest Faculty, Department of Political Science, School of Social Science, Madurai Kamaraj University,
Madurai- 625 021, Tamilnadu.

Received: February 14, 2019 Accepted: March 22, 2019

ABSTRACT: National Human Rights Commission is a statutory and Non-constitutional bodies established
on 12 October 1993 under the human rights ordinance; afterwards, it was amended by the Protection of
Human Rights (Amendment) Act, 2006. The powers of NHRC it’s derived from the Protection of Human
Rights Act (TPHRA). 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 the UN Declaration of Human Rights Convention adopted by United Nation
General Assembly in 1948. The National Human Rights Commission has been certain rights for direction to
the court if there are any cases were delay to get the justice to victims and declare the verdict related to
major human rights violation within the country. The major responsibility of NHRC constantly fighting
against many kinds of violation against marginalized groups i.e. women, elders, children, religious
minorities, caste minorities, racial minorities, people with disabilities, prisoners, refugees, LGBT and etc.
The national legislation also attempts to protection and remedies to the victims of crime and what
punishment should be given to the perpetrators who involved any offense. The human rights activists also
support the national legislation through effective functions of the criminal justice system in India. Eve n
though, the prevalence of human rights violation ever increasing in India today. This present paper made
an attempt to find out the root cause of the problem and would like to give some suggestion to appropriate
prevention strategies and controlling mechanisms to prevent the human rights violation in India. In this
juncture, this study would be collecting the secondary sources from the books, journals, government
gazette, daily newspapers, appropriate websites and etc along with descriptive research method.

Key Words: Declaration, Human Rights, NHRC, United Nations, Violation.

I. INTRODUCTION
National Human Rights a commission is 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 powers of NHRC it’s derived from the Protection of Human Rights Act
(PHRA). The purpose of 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". (Arun Ray, 1997). The
main functions of NHRC create awareness about Human rights protection among the public through
publications, seminars, workshops, media, and visiting the places if there is a human rights violation, as well
as it’s also functioning along with Human Rights organization at the national and regional level and also
NGO’s. Moreover, it will intervene in any human rights violation by the government official, armed forces
and inhuman treatment of prisoners in correctional institutions.
The National Human Rights Commission has been certain rights for direction to the court if there is
any cases were delayed to get the impartial justice to victims and their compensation and declare the verdict
related to major human rights violation within the country. The major responsibility of NHRC constantly
fighting against many kinds of violation against marginalized groups i.e. women, elders, children, religious
minorities, caste minorities, racial minorities, people with disabilities, prisoners, refugees, LGBT and etc
((Nagendra Kumar Pathi, 2007).
1.1. Basic concept and understanding about Human Rights
Human beings are rational beings. All human beings are when he or she born they have to possess
certain rights according to the constitution, national and international declaration. By benefit of being
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humans they possess certain essential and undeniable rights which are universally known as human rights
(Elizabeth Reichart, 2006), 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 favorable 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. Yes, we have been adopted several mechanisms to protect our rights. 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 the protection of human rights. Afterward introducing the matter with the meaning
of human rights, next part of the consignment deals with the importance of national formations of human
rights in a country and promote discussed the various stages at the international level towards the
establishment of such institutions. After that situation in India has been deliberated with the enactment of
Protection of Human Rights Act. In addition to that the responsibilities and functioning of NHRC has been
discussed in brief and how far it has been effective in protecting human rights in India (Showkat Ahmad
Bhat and MudassirNazir, 2017).
II. VIOLATION OF HUMAN RIGHTS 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 offenses
against people most of the violence against marginalized 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 (Sugas et al,
2013, pp.121-124).

2.1. 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 (Showkat Ahmad
Bhat & MudassirNazir, 2017).
2.2. Appointment and Removal of the NHRC Members
Section 2, 3 and 4 of The Protection of Human Rights Act laid downcast the rules for appointment to
the National Human Rights Commission. The Chairman and members of the National Human Rights
Commission are appointed by the President of India, on the recommendation of the committee comprising
of:
 The Prime Minister of India (Chairperson)
 The Home Minister of India
 The Chairman of the Opposition in the LokSabha
 The Chairman of the Opposition in the RajyaSabha
 The Speaker of the LokSabha
 The Deputy Chairman of the RajyaSabha
The chairperson and other members hold office for the term of five years or until they reached

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the age of 70 years either is earlier, after their term the Chair-person and member are not eligible for
further employment under the central or state government (Satyaprakash et al, 2019).

III. MAJOR HUMAN RIGHTS ISSUES IN INDIA

We cannot deny the massive the enormousness of human right violations charming place in our
country. The world’s largest democracy is afflicted by predominant violations. It has been summarized
below that some major issues or violations which are identified by National Human Rights Commission.
 Custodial Torture of persons in Police Stations and Prisons
 Slaves and bonded laborers
 Unlawful Killings
 Honour Killings
 Abortion of Pre-natal Sex determination
 Unlawful Arrest and Incarceration
 Excessive Powers of the Armed Forces and the Police
 Sexual Violence against Women and Children
 Conflict encouraged Internal Dislocation
 Child Labour
 Manual Scavenging
 Common Violence and discrimination against Women and Children
 Violence against LGBT
 Problems faced by Scheduled Castes and Scheduled Tribes, Religious Minorities, Persons with
Disabilities and etc. (Roshini DahiyaDuhan, 2015).
3.1. Essential functions and responsibilities of the National Human Rights Commission
The essential functions and responsibilities to NHRC summarized below..
 Proactively or reactively investigate into encroachments of human rights or neglect in the
prevention of such violation by a public servant.
 Visiting in prison or any other institution under the control of the State Government, where persons
are apprehended or detained for commitments of treatment, reformation or protection
and rehabilitation for the investigate the living conditions of the prisoners and make
some recommendations.
 Appraisal of the protections delivered by or under the Constitution or any law for the time being in
force for the safeguard of protection and promotion of human rights and recommend actions for
their effective implementation.
 Analyse the factors, including acts of terrorism that constrain the enjoyment of human rights and
recommend suitable remedial actions.
 Establish and encourage the research activities in the area of human rights at colleges, Universities
and other professional areas.
 Evaluation of the protection and safety delivered by or under any representation for the safeguard
of human rights;
 Evaluation and periodical review of the factors or problems that restrain the enjoyment of human
rights in the country. (Singh Seghal B.P, 2008)
 Encourage the human rights education among the different segments of society and create the
awareness of the defence mechanisms available for the protection of these rights through
publications, the media, conferences, workshops, seminars and other activities such as means.
 Provision the efforts of NGOs and other institutions working in the area of human rights.
 Direction to the government that any opinion, approval, suggestion or report on any difficulty
regarding the promotion and protection of human rights;
 Prepare the periodical reports on the present condition with respect to human rights in general,
and on more specific problems within the country;
 Advice to the government about circumstances of violation of human rights and recommend on
methods in which such circumstances can be prevented;
 Collaborate with the United Nation and other related organisations in the UN system, the regional
and other national institutions in other countries that are experienced in the areas of the protection
and promotion of human rights;
 Contribution and assisting in the preparation and conducting programmes for the teaching and
research concerning human rights education and awareness and take part in their implementation
in schools, colleges, universities and other professional areas;
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 Announce the awareness about human rights and efforts to fighting all forms of discrimination by
increasing public awareness, especially through proper information and awaken the human rights
education and by making use of all press organs;
 Exercise such other functions as it may consider being encouraging to the promotion and protection
of human rights.
 By leave of the court, to adjudicate in court proceeding relating to human rights issues.
 Anyone who can easily approach the NHRC for lodged a complaints related to human rights
violation through, complaint letter, application, mobile phone and the email also. All the booklets,
periodical reports, newsletters and speeches of the NHRC are also available on their
website.. (ShreshthaGarg and Anand Kr. Dubey, 2015).

IV. 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
marginalized 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 (Showkat Ahmad Bhat and Mudassir Nazir, 2017).
V. 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’s
would be an attempt to bringing 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 investigating 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 organizations and publishing annual reports, pieces of literature, magazines and
periodical reviews. Moreover, it will conduct 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. NHRC has been recognized as the framework towards rights-based approach at a national, as
well as international level. In this backdrop, this paper will be concluded that NHRC is not only functioning
proper manner without appropriate support from the government concerns stakeholders and all other
organizations and the public. It could be only possible to effective co-operation with NGOs, Stakeholders,
legal experts, academicians and public also.

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