National Human Rights Commission of India

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Template:Short description Template:Use dmy dates Template:Use Indian English Template:Infobox law enforcement agency

The National Human Rights Commission of India (abbreviated as NHRC) is a statutory body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993.<ref>Annual Report 1993–94 of the National Human Rights Commission.</ref> It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA).<ref name="TPHRA">The Protection of Human Rights Act, 1993, as amended by the Protection of Human Rights (Amendment) Act, 2006</ref> The NHRC is responsible for the protection and promotion of human rights, which are defined by the act as "rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India".<ref>Template:Cite news</ref>

Functions of NHRC

The Protection of Human Rights Act mandates the NHRC to perform the following:

  • Proactively or reactively inquire into violations of human rights by the government of India or negligence of such violation by a public servant
  • The protection of human rights and recommend measures for their effective implementation
  • Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures
  • To study treaties and other international instruments on human rights and make recommendations for their effective implementation
  • Undertake and promote research in the field of human rights
  • To visit jails and study the condition of inmates
  • Engage in human rights education among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means
  • Encourage the efforts of NGOs and institutions that work in the field of human rights voluntarily.
  • Considering the necessity for the protection of human rights.
  • Requisitioning any public record or copy thereof from any court or office.

Composition

The NHRC consists of the chairperson and five members (excluding the ex-officio members) <ref>The Commission consists of a Chairperson, five full-time Members and four deemed Members. The statute lays down qualifications for the appointment of the Chairperson and Members of the Commission</ref>

A serving judge of the Supreme Court or incumbent Chief Justice of any High Court can be appointed only after the consultation with the Chief Justice of India.

Chairman and members

Justice V. Ramasubramanian is the current chairperson of the commission, serving since 23 December 2024 onwards.<ref>Template:Cite web</ref> The other members are:

Ex-officio members:

ACT, 2019</ref>

Core Groups

Source:<ref>Template:Cite web</ref>

  • Core Group on Older Persons
  • Core Advisory Group on Environment, Climate Change & Human Rights
  • Core Group on Human Rights Defenders and NGOs
  • Core Advisory Group on Bonded Labour
  • Core group on LGBTI issues
  • Core Advisory Group on Business and Human Rights
  • Core Group on Disabilities
  • Core group on Health and Mental Health
  • Core Group on Right to Food
  • Core Group on Rights of Women
  • Core Group of NGOs in the Commission
  • Core Advisory Group on Criminal Justice System Reforms
  • Core Group on Mental Health in the Commission Order

State Human Rights Commission

A state government may constitute a body known as the Human Rights Commission of that State to exercise the powers conferred upon and to perform the functions assigned to a State Commission. In accordance with the amendment brought in TPHRA, 1993<ref name="nhrc.nic.in">Template:Cite web</ref> point No.10 below is the list<ref>Template:Cite web</ref> of State Human Rights Commissions formed to perform the functions of the commission as stated under chapter V of TPHRA, 1993 (with amendment act 2006). At present, 25 states have constituted SHRC<ref>Template:Cite web</ref>

State Commission City Date constituted
Assam Human Rights Commission Guwahati 19 January 1996
Andhra Pradesh State Human Rights Commission Kurnool 2 August 2006
Bihar Human Rights Commission Patna 3 January 2000
Chhattisgarh Human Rights Commission Raipur 16 April 2001
Gujarat State Human Rights Commission<ref>Template:Cite web</ref> Gandhinagar 12 September 2006
Goa Human Rights Commission Panaji 2011
Meghalaya State Human Rights Commission Shillong July 2016
Himachal Pradesh State Human Rights Commission Shimla --
Kerala State Human Rights Commission Thiruvananthapuram 11 December 1998
Karnataka State Human Rights Commission Bangalore 28 June 2005
Madhya Pradesh Human Rights Commission Bhopal 1 September 1995
Maharashtra State Human Rights Commission Mumbai 6 March 2001
Manipur State Human Rights Commission Imphal 2003
Odisha Human Rights Commission Bhubaneswar 27 January 2000
Punjab State Human Rights Commission Chandigarh 17 March 1997
Rajasthan State Human Rights Commission Jaipur 18 January 1999
State Human Rights Commission Tamil Nadu Chennai 17 April 1997
Uttar Pradesh Human Rights Commission Lucknow 7 October 2002
West Bengal Human Rights Commission Kolkata 8 January 1994
Jharkhand State Human Rights Commission Ranchi 2010
Sikkim State Human Rights Commission Gangtok 18 October 2008
Uttarakhand Human Rights Commission Dehradun 13 May 2013
Haryana Human Rights Commission Chandigarh 2012
Tripura Human Rights Commission Agartala 2015
Telangana State Human Rights Commission Hyderabad 2019<ref>Template:Cite web</ref>

Appointment

Sections 2, 3 and 4 of TPHRA lay down the rules for appointment to the NHRC. The chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of:

List of Chairpersons of the National Human Rights Commission of India

Sr. No. Portrait Name Tenure
1. Justice Ranganath Misra 12 October 1993 24 November 1996
2. Justice M N Venkatachaliah 26 November 1996 24 October 1999
3. Justice J S Verma 4 November 1999 17 January 2003
4. Justice A S Anand 17 February 2003 31 October 2006
- Justice Shivaraj Patil
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1 November 2006 1 April 2007
5. Justice S. Rajendra Babu 2 April 2007 31 May 2009
- Justice G. P. Mathur
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1 June 2009 6 June 2010
6. Justice K G Balakrishnan 7 June 2010 11 May 2015
- Justice Cyriac Joseph
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11 May 2015 28 February 2016
7. Justice H.L. Dattu 29 February 2016 2 December 2020
Justice Prafulla Chandra Pant
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25 April 2021<ref>Template:Cite news</ref> 1 June 2021
8. Justice Arun Kumar Mishra 2 June 2021 1 June 2024
_ Vijaya Bharathi Sayani
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2 June 2024 30 December 2024
9. Justice V. Ramasubramanian 30 December 2024 Incumbent

Controversy

A report concerning how the Shivani Bhatnagar murder case was rejected, a case involving high-ranking officials, opened the organisation up to questioning over the usefulness of human rights commissions set up by the government at the national and state levels.Template:Citation needed In mid-2011, the chairman of the NHRC, ex-Chief Justice K.G. Balakrishnan came under a cloud for allegedly owning assets disproportionate to his income.<ref>CBDT to probe ex-CJI Balakrishnan's assets -Videos India: IBNLive Videos. IBNLive (2011-06-22). Retrieved on 2012-09-30.</ref> His son-in-law P. V. Srinijan, an Indian National Congress politician, had to resign for suddenly coming into possession of land worth Rs. 25 lakhs.<ref>Ex-CJI's son amasses property in four years. Deccan Herald (2012-09-21). Retrieved on 2012-09-30.</ref> Many prominent jurists, including former CJ J. S. Verma, SC ex-Judge V. R. Krishna Iyer, noted jurist Fali S. Nariman, former NHRC member Sudarshan Agrawal and prominent activist lawyer Prashant Bhushan, have called on Balakrishnan's resignation pending from the NHRC pending inquiry.<ref>Fali Nariman wants judicial probe against ex-CJI, kin's assets : South News – India Today. India Today (2011-01-03). Retrieved on 2012-09-30.</ref> In February 2012, the Supreme Court of India inquired of the government regarding the status of the inquiry.<ref>SC asks Centre about action taken against ex-CJI KG Balakrishnan – India News – IBNLive. IBNLive. Retrieved on 2012-09-30.</ref>

The National Human Rights Commission of India (NHRC) had its accreditation with the U.N recognised Global Alliance of National Human Rights Institutions (GANHRI) deferred for a second consecutive year in 2024, due to concerns regarding its compliance with the Paris Principles. The deferral was attributed to issues such as a lack of transparency in the appointment of NHRC members, the inclusion of police officers in human rights investigations, and inadequate gender and minority representation within the commission’s composition and political meddling.<ref>Template:Cite web</ref><ref>Template:Cite news</ref>

Human Rights Campaign's recommendations

The NHRC held that 16 out of 19 police encounters with suspected Maoists in Guntur and Kurnool districts of Andhra Pradesh, prior to 2002, were fake and recommended the Government payment of compensation of ₹5 lakh each to the kin of the families.<ref>Template:Cite news</ref>

References

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