National Human Rights Commission

The National Human Rights Commission (NHRC) of India is an autonomous statutory body established on 12 October 1993,under the provisions of The Protection of Human Rights Act, 1993. (TPHRA).

 Functions

TPHRA mandates the NHRC to perform the following functions:

• proactively or reactively inquire into violations of human rights or negligence in the prevention of such violation by a public servant
• visit any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates and make recommendations
• review the safeguards provided by or under the Constitution or any law for the time being in force for 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
• 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
• spread literacy 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 working in the field of human rights
• such other function as it may consider it necessary for the protection of human rights.
• take suo motu action, if required in a case if the victim is not in a position to access a court.

 Composition and appointment

Sections 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:

• The Prime Minister (chairperson)
• The Speaker of the House of the People
• The Minister-in-charge of the Ministry of Home Affairs in the Government of India
• The Leader of the Opposition in the House of the People
• The Leader of the Opposition in the Council of States
• The Deputy Chairman of the Council of States

The NHRC consists of:

• A Chairperson who has been a Chief Justice of the Supreme Court of India
• One Member who is, or has been, a Judge of the Supreme Court of India
• One Member who is, or has been, the Chief Justice of a High Court
• Two Members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights

In addition to this, the Chairpersons of the National Commission for Minorities, the National Commission for the Scheduled Castes, National Commission for the Scheduled Tribes, and the National Commission for Women, serve as ex officio members.

The current chairperson of the NHRC is Hon'ble Justice Shri K G Balakrishnan, and the other members are:

• Hon'ble Justice Shri Govind Prasad Mathur.
• Hon'ble Justice Shri B.C. Patel.
• Shri P.C. Sharma
• Shri Satyabrata Pal
• Shri Mohammad Shafi Qureshi, Chairperson, National Commission for Minorities
• Ms. Yasmmen Abrar , Acting Chairperson, National Commission for Women.

International status

The NHRC has been accredited with "A status" by the International Coordinating Committee of National Human Rights Institutions (the ICC), indicating that it is in conformity with the Paris Principles - a broad set of principles agreed upon by a conference of experts on the promotion and protection of human rights, in Paris in October 1991, and subsequently endorsed by the UN General Assembly. The Commission is thus entitled to participate in the ICC and in its regional sub-group, the Asia Pacific Forum. The NHRC currently maintains the global NHRI Forum web portal on behalf of the ICC.

Controversy

A report concerning the manner of which the Shivani murder controversy case was rejected, a case which involved high ranking officials being implicated in the murder of a journalist, opened the organisation up to questioning over the usefulness of human rights commissions setup by the government at the national and state levels.