The National Human Rights Commission (NHRC): India's Watchdog for Dignity

The National Human Rights Commission (NHRC) of India stands as a pivotal institution in the country's democratic framework, mandated with the solemn duty of safeguarding, protecting, and promoting the rights relating to life, liberty, equality, and dignity of the individual. Functioning as a watchdog for human rights, the Commission plays a critical role in addressing violations and advocating for systemic reforms to ensure that constitutional and international guarantees are upheld for every citizen.

Establishment and Statutory Basis

The NHRC was formally established on October 12, 1993.

Its creation was not a constitutional mandate but a move driven by international commitments and national necessity, culminating in its establishment as a Statutory Body under the provisions of the Protection of Human Rights Act (PHRA), 1993.

This Act defines human rights as the rights relating to life, liberty, equality, and dignity of the individual, guaranteed by the Constitution of India or embodied in the International Covenants and enforceable by courts in India. The establishment of the NHRC was in conformity with the Paris Principles (1991), which outline the requirements for National Human Rights Institutions (NHRIs) to be legitimate and effective, ultimately endorsed by the United Nations General Assembly in 1993.

Composition and Structure

The NHRC is a multi-member body, with its composition designed to ensure independence and expertise. The Commission consists of a Chairperson and five other members, along with several ex-officio members who are the chairpersons of various other national commissions (like the National Commission for Minorities, National Commission for Women, etc.).

• • Chairperson: A person who has been a Chief Justice of India or a Judge of the Supreme Court.
• • Members: Include a serving or retired Judge of the Supreme Court, a serving or retired Chief Justice of a High Court, and three members (at least one of whom is a woman) appointed from among persons having knowledge of, or practical experience in, matters relating to human rights.

The Chairperson and members are appointed by the President of India based on the recommendations of a high-powered committee headed by the Prime Minister. This ensures a broad-based, politically balanced selection process aimed at maintaining the body's independence and credibility.

Functions and Powers: A Recommendatory Role

The functions of the NHRC, primarily outlined in Section 12 of the PHRA, are wide-ranging, though its powers remain largely recommendatory.

• • Investigation: It has the power to inquire, suo motu (on its own motion) or upon a petition, into complaints of violation of human rights or negligence in the prevention of such violations by a public servant.
• • Civil Court Powers: For the purpose of inquiry, the Commission is vested with all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908. This includes the power to summon witnesses, receive evidence on affidavits, and requisition any public record.
• • Prison Visits: It can visit jails, detention centers, and other institutions under the control of the State Government to study the living conditions of the inmates and make recommendations for their improvement.
• • Policy Review: It reviews the safeguards provided by the Constitution or any law for the protection of human rights and recommends measures for their effective implementation.
• • Awareness and Research: It undertakes and promotes research in human rights and spreads human rights literacy among various sections of society.

While the NHRC can recommend compensation or payment of damages to the victim, or even initiation of legal proceedings against the guilty public servant, its recommendations are not binding on the concerned Government or authority. This lack of enforceable power often leads to criticism that it is a "toothless tiger."

Essential Moves and Significant Interventions

Despite its recommendatory nature, the NHRC has made essential moves, leveraging its moral and institutional authority to influence policy and ensure accountability.

• • Combating Custodial Violence: A landmark move was the issuance of mandatory guidelines in 1997 directing that all cases of custodial death and encounter killings be reported to the Commission within 24 hours. This has significantly increased scrutiny over the actions of the police and security forces, holding them accountable for rights violations during custody.
• • Focus on Vulnerable Groups: The NHRC has consistently championed the rights of marginalized sections. It has undertaken major interventions concerning the abolition of bonded labour and child labour, the rights of disabled persons and those affected by HIV/AIDS, and the plight of manual scavengers.
• • Suo Motu Cognizance in Public Interest: The Commission has proactively taken suo motu cognizance in numerous high-profile cases of human rights violations, often triggered by media reports. Key examples include interventions following major communal violence, issues related to farmer suicides, and cases of massive displacement due to development projects like the Narmada Dam.
• • Systemic Reforms and Advocacy: Beyond individual complaints, the NHRC has pushed for systemic reforms. It advocated for the ratification of the UN Convention Against Torture and provided inputs to the government on various legislative bills, ensuring they align with human rights principles. Its advocacy led to a strong focus on improving the conditions of inmates in prisons and mental health institutions.
• • Global Recognition: The NHRC of India has generally maintained an 'A' status accreditation with the Global Alliance of National Human Rights Institutions (GANHRI), signifying its compliance with the Paris Principles and international standards, though this status is subject to periodic review.

To conclude it can be said that the NHRC is an indispensable pillar of India's commitment to human rights. While challenges remain—such as the non-binding nature of its recommendations and resource constraints—its persistent efforts in investigating abuses, promoting public awareness, and advocating for legal and administrative reforms have secured it a prominent and crucial place as the guardian of human dignity in the world's largest democracy.