National Human Rights Commission
Key Takeaway
The National Human Rights Commission is anautonomous statutory body* that came into being under the provisions of theProtection of Human Rights Act
National Human Rights Commission
The National Human Rights Commission is anautonomous statutory body* that came into being under the provisions of theProtection of Human Rights Act
(PHRA), 1993(September 28)primarily for the well-being of Indian citizens. It was later amended in 2006.
Along with the NHRC, State Human Rights Commissions and Human Rights Courts for protection of Human Rights were also set under the Protection of Human Rights Act (PHRA), 1993.
The National Human Rights Commission is an important topic included in the forthcoming Kerala PSC 10th Preliminary exam syllabus.
We attempted to keep the matter as basic as possible in order to minimise confusion regarding the no. of NHRC members and other details, so we hope this helps.
Basic Facts(22)
| Item | Detail |
|---|---|
| Established in | October 12, 1993 |
| Headquarters | Sardar Patel Bhavan, New Delhi(Formerly Manav Adhikar Bhawan) |
| Epithet | Watch Dog of Human Rights in India |
| Motto | Sarve Bhavantu Sukhinah(May All be Happy).*Total Members–6(Chairman & 5 members) |
| First Chairmanof NHRC | Justice Ranganath Misra |
| Current Chairmanof NHRC | Vijaya Bharathi Sayani(Acting)* |
| First MalayaliMemberof NHRC | Fathima Beevi(1993) |
| First MalayaliChairmanof NHRC | Justice K.G. Balakrishnan(6th) |
| Longest-serving Chairmanof NHRC | Justice K.G. Balakrishnan |
| Current Secretary-Generalof NHRC | R.K. Bhargava |
| Article pertaining to NHRC | Part III of the Constitution(Article 12 to 35; Fundamental rights) |
| Paris Principal was the first of its kind international workshop conducted on7 | 9 October 1991for the protection and promotion of human rights. These are later endorsed by the UN General Assembly as theUniversal Declaration of Human Rights(UDHR)on 20 December 1993 via Resolution 48/134 |
| Appointed by | President of India.(Section 4, Protection of Human Rights Act, 1993)Term–3 years or till the age of 70 years.(Section 6, Protection of Human Rights Act, 1993)Removed by–President of India.(Section 5, Protection of Human Rights Act, 1993)Selection Committee Members:(Section 4, Protection of Human Rights Act, 1993, 6 members)Prime Minister(Head / Chairman),Union Home Minister,Speaker of the Lok Sabha,Deputy Chairman of the Rajya Sabha,Leaders of the Opposition in both the Houses of Parliament |
| Divisions | Commission also has five Specialized Divisions |
| Human Rights (Amendment) Bill, 2019The Protection of Human Rights Act (PHRA), 1993 wasamended two timesin history so far. One was in 2006 and the other was in 2019. Details of the Human Rights (Amendment) Bill, 2019 are given below:Presented by | Amit Shah (Home Minister) |
| Presented on | 2019 July 8 |
| Passed byLok Sabha | 2019 July 19 |
| Passed byRajya Sabha | 2019 July 22 |
| President signedthe Bill on | 2019 July 27 |
| Enforced as the law on | 2019 August 02 |
| Total no. of members | 6 (Chairman & 5 members; excluding ex-officio members) |
| Chairmanof NHRC | Judge /Chief Justice of the Supreme Court and is also eligible for re-appointment.(Section 7, Protection of Human Rights Act, 1993)One member– is/was a Judge of the Supreme Court of India.**One member– is/was a the Chief Justice of a High Court.**Three Members– persons having knowledge of, or practical experience in, matters relating to human rights |
* Time-sensitive data — verify for latest information
List of Chairman & Acting Chairmans of NHRC(4)
| Item | Detail |
|---|---|
| NameTerm1Justice Ranganath Mishra26 Oct 1993 | 24 Nov 19962Justice M. N. Venkatachaliah26 Nov 1996–24 Oct 19993Justice J. S. Verma4 Nov–17 Jan 20034Justice A. S. Anand17 Feb 2003–31 Oct 20065Justice S.. Rajendra Babu2 April 2007–31 May 20096Justice K. G. Balakrishnan7 June 2010–11 May 20157Justice H. L. Dattu29 Feb 2016–2 Dec 20208Justice Arun Kumar Mishra2 June 2021– 1June 2024There have been3 acting chairpersonsfor the National Human Rights Commission so far, of which one is from Kerala:* |
| NameTerm1Dr. Justice Shivaraj Patil1 Nov 2006 | 1 April 20072 |
| Justice G.P. Mathur1 June 2009 | 6 June 20103 |
| Justice Cyriac Joseph11 May 2015 | 28 Feb 2016 |
* Time-sensitive data — verify for latest information
Functions of NHRC
Section 12of the Protection of Human Rights Act, 1993, lays down functions of NHRC, namely:
Proactively or re-actively inquire into infringements of human rights or negligence in the prevention of such violation by a public servant.Undertake and promote research in the field of human rights.Review the factors, including acts of terrorism that violate human rights, and recommend appropriate remedial measures.Can study international treaties/instruments on human rights and make recommendations for their effective implementation,By leave of the court, to intervene in court proceedings relating to human rights.To 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.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.Support the efforts of NGOs and institutions working in the field of human rights.The NHRC is a reckoning force when it comes to its power overchild rights, whether it may child abuse (POCSO) or child labor like that happened in the case of Nithari village of Noida (Uttar Pradesh), where children were sexually abused and murdered.
Limitations of NHRC
The NHRC cannot hold jurisdiction in the following cases:Frivolous cases,Cases older than one year,Cases pertaining to service matters,Cases that are anonymous, pseudonymous, or vague.Has limited jurisdiction over cases pertaining to the armed forces, BSF, or any other paramilitary forces.Recommendations made by the NHRC are not binding.Doesn't have the power of prosecution over authorities that if they don’t implement NHRC's recommended orders.Can't take any action against Human rights violations by private parties.Despite being an autonomous body, it is dependent on the Government for manpower and money.The National Human Rights Commission submits itsannual report to the President of Indiawho in turn forwards it to each house of the Parliament.
📝 Read More:Kerala State Human Rights CommissionRepeated PSC Questions onHuman Rights Commission
📝SideNotes(8)
| Item | Detail |
|---|---|
| Human Rights Day | December 10 |
| The document that is widely recognized as the start of Modern Democracy and the cornerstone for Human rights | Magna Carta of 1215 / the Great Charter.*Autonomous Body– an organization set up by the Govt. for a specific purpose. In this case, it should be specified NHRC isnot a constitutional body.*Sarve Bhavantu Sukhinah– Source unclear; but not from Brihadaranyaka Upanishad |
| Chairperson of the National Commission for Women | Rekha Sharma* |
| Chairperson of the National Commission for Scheduled Castes | Vijaya Sampla* |
| Chairperson of the National Commission for Scheduled Tribes | Harsh Chouhan* |
| Chairperson of the National Commission for Minorities | Syed Shahezadi* |
| Chief Commissioner for Persons with Disabilities | Kamlesh Kumar Pandey |
| Chairperson of the National Commission for Protection of Child Rights | Priyank Kanoongo.* updated as per current statistics:2022Thanks for reading!!!* |
* Time-sensitive data — verify for latest information