National Human Rights Commission of India
Encyclopedia
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).
The NHRC consists of:
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:
- 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.
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
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 jailJailA jail is a short-term detention facility in the United States and Canada.Jail may also refer to:In entertainment:*Jail , a 1966 Malayalam movie*Jail , a 2009 Bollywood movie...
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 ConstitutionConstitution of IndiaThe Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
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 terrorismTerrorismTerrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
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 literacyLiteracyLiteracy has traditionally been described as the ability to read for knowledge, write coherently and think critically about printed material.Literacy represents the lifelong, intellectual process of gaining meaning from print...
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 SpeakerSpeaker of Lok SabhaThe Speaker is the presiding officer of the lower house of Parliament of India. His/her role is similar to that of Speakers elsewhere in other countries that use the Westminster system of government....
of the House of the PeopleLok SabhaThe Lok Sabha or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India... - The Minister-in-charge of the Ministry of Home AffairsMinistry of Home Affairs (India)Ministry of Home Affairs , known as the Home Ministry or MHA, is an Indian government ministry. It is an interior ministry mainly responsible for the maintenance of Internal security and domestic policy.-Ministerial Team:...
in the Government of IndiaGovernment of IndiaThe Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India... - The Leader of the OppositionLeader of the Opposition (India)Each House of the Parliament of India has a Leader of the Opposition. While the position also existed in the former Central Legislative Assembly of British India, and holders of it there included Motilal Nehru, it got statutory recognition through the Salary and Allowances of Leaders of Opposition...
in the House of the PeopleLok SabhaThe Lok Sabha or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India... - The Leader of the Opposition in the Council of StatesRajya SabhaThe Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...
- The Deputy ChairmanDeputy Chairman of the Rajya SabhaThe Deputy Chairman of the Rajya Sabha is the vice-presiding officer of the Rajya Sabha, the Upper house of Parliament of India. He acts as the presiding officer in case of leave or absence caused by death or illness of the Chairman of the Rajya Sabha, the Vice President of India.The Deputy...
of the Council of StatesRajya SabhaThe Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...
The NHRC consists of:
- A Chairperson who has been a Chief JusticeChief Justice of IndiaThe Chief Justice of India is the highest-ranking judge in the Supreme Court of India, and thus holds the highest judicial position in India. As well as presiding in the Supreme Court, the Chief Justice also head its administrative functions....
of the Supreme Court of IndiaSupreme Court of IndiaThe Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India... - One Member who is, or has been, a Judge of the Supreme Court of IndiaSupreme Court of IndiaThe Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution 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
National Commission for Minorities
The National Commission for Minorities is a body constituted by the Government of India to monitor and evaluate the progress of people classified as minorities by the Indian government. Essentially the minorities in India consist of followers of all religions other than Hinduism and weaker...
, the National Commission for the Scheduled Castes, National Commission for the Scheduled Tribes, and the National Commission for Women
National Commission for Women
The National Commission for Women is a statutory body for women established in 1992 by Government of India under the provisions of the Indian Constitution, as defined in the 1990 National Commission for Women Act.. The present head of the Commission is Mrs...
, 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 Wajahat HabibullahWajahat HabibullahWajahat Habibullah is Ex Chief Information Commissioner of the Government of India since October 26, 2005. He was an officer of the Indian Administrative Service from 1968 until his retirement in August 2005...
, Chairperson, National Commission for Minorities - Ms. Mamta Sharma, 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 PrinciplesParis Principles
The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights held in Paris on 7-9 October 1991. They were adopted by the United Nations Human Rights Commission by Resolution 1992/54 of 1992, and by the UN General...
- a broad set of principles agreed upon by a conference of experts on the promotion and protection of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, in Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
in October 1991, and subsequently endorsed by the UN General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
. The Commission is thus entitled to participate in the ICC and in its regional sub-group, the Asia Pacific Forum
Asia Pacific Forum
The Asia Pacific Forum is one of four regional networks of national human rights institutions within the International Co-ordinating Committee of NHRIs...
. The NHRC currently maintains the global NHRI Forum web portal on behalf of the ICC.