Indian National Human Rights Commission

Indian National Human Rights Commission is a statutory public body established by the Parliament of India under the Protection of Human Rights Act, 1993, with the aim of promoting and protecting human rights in India, as envisioned by B.R. Ambedkar, Mahatma Gandhi, and Jawaharlal Nehru. The commission is modeled after the National Human Rights Commission of Canada and the Australian Human Rights Commission, and is a member of the International Coordinating Committee of National Human Rights Institutions. The NHRC has been accredited with 'A' status by the Global Alliance of National Human Rights Institutions, along with the National Human Rights Commission of South Korea and the Human Rights Commission of Malaysia.

● Introduction

The Indian National Human Rights Commission is a vital institution in India's human rights framework, working closely with the Supreme Court of India, the High Courts of India, and the National Commission for Scheduled Castes to promote and protect human rights. The commission's mandate is to investigate complaints of human rights violations, provide relief to victims, and make recommendations to the Government of India to prevent such violations, as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The NHRC has also been actively engaged with international human rights bodies, such as the United Nations Human Rights Council, the Office of the United Nations High Commissioner for Human Rights, and the European Union's European Instrument for Democracy and Human Rights. The commission's work is guided by the principles of justice, equality, and dignity, as enshrined in the Constitution of India and the Indian Penal Code, and is inspired by the work of human rights defenders like Nelson Mandela, Martin Luther King Jr., and Malala Yousafzai.

● History

The Indian National Human Rights Commission was established on October 12, 1993, under the Protection of Human Rights Act, 1993, which was passed by the Parliament of India with the aim of promoting and protecting human rights in India, as recommended by the United Nations Commission on Human Rights and the International Committee of the Red Cross. The commission's first chairperson was Ranganath Misra, a former Chief Justice of India, who played a key role in shaping the commission's mandate and functions, along with other notable jurists like V.R. Krishna Iyer and O. Chinnappa Reddy. The NHRC has since been headed by several distinguished chairpersons, including M.M. Punchhi, A.S. Anand, and K.G. Balakrishnan, who have worked closely with human rights organizations like Amnesty International, Human Rights Watch, and the International Commission of Jurists.

● Composition

The Indian National Human Rights Commission consists of a chairperson and four members, appointed by the President of India on the recommendation of a committee consisting of the Prime Minister of India, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, and the Deputy Chairman of the Rajya Sabha, as outlined in the Constitution of India and the Rules of Procedure and Conduct of Business in the Council of States. The chairperson and members are chosen from among persons of eminence and integrity, with expertise in the field of human rights, law, and social justice, and are expected to work closely with institutions like the National Commission for Women, the National Commission for Minorities, and the National Commission for Scheduled Tribes. The commission also has a secretary-general, who is responsible for the day-to-day administration of the commission, and works closely with the Cabinet Secretariat of India and the Ministry of Home Affairs.

● Functions

The Indian National Human Rights Commission has a wide range of functions, including investigating complaints of human rights violations, providing relief to victims, and making recommendations to the Government of India to prevent such violations, as outlined in the Protection of Human Rights Act, 1993 and the National Human Rights Commission Regulations, 1994. The commission can also visit jails and police stations to inspect conditions and make recommendations for improvement, and can work closely with organizations like the International Committee of the Red Cross and the United Nations Office on Drugs and Crime. The NHRC has also been actively engaged in promoting human rights awareness and education, and has collaborated with institutions like the National Law School of India University, the Indian Institute of Technology, and the Tata Institute of Social Sciences.

● Notable Cases

The Indian National Human Rights Commission has handled several notable cases, including the Bhopal gas tragedy, the 1984 anti-Sikh riots, and the Gujarat riots, and has worked closely with human rights defenders like Teesta Setalvad, Harsh Mander, and Aruna Roy. The commission has also investigated cases of torture, extrajudicial killings, and disappearances, and has made recommendations to the Government of India to prevent such violations, as outlined in the United Nations Convention against Torture and the International Convention for the Protection of All Persons from Enforced Disappearance. The NHRC has also been involved in cases related to women's rights, child rights, and environmental rights, and has collaborated with organizations like the National Commission for Protection of Child Rights, the Ministry of Women and Child Development, and the Ministry of Environment, Forest and Climate Change.

● Criticisms

The Indian National Human Rights Commission has faced several criticisms, including allegations of being ineffective in preventing human rights violations, and of being biased towards the Government of India, as raised by human rights organizations like Amnesty International and Human Rights Watch. The commission has also been criticized for its limited powers, and for its inability to enforce its recommendations, as noted by the Supreme Court of India and the High Courts of India. Despite these criticisms, the NHRC remains an important institution in India's human rights framework, and continues to work towards promoting and protecting human rights, in collaboration with institutions like the United Nations Development Programme, the European Union, and the Commonwealth Human Rights Initiative. The commission's work is also guided by the principles of transparency and accountability, as enshrined in the Right to Information Act, 2005 and the Lokpal and Lokayuktas Act, 2013.

Category:National human rights institutions