Polity (National Human Rights Commission)

Overview: The NHRC is a statutory, not constitutional, body established in 1993 under the Protection of Human Rights Act, 1993. It functions as a watchdog for human rights, focusing on life, liberty, equality, and dignity.
Objectives:
- Strengthen institutional arrangements to address human rights comprehensively.
- Investigate allegations of rights violations independently of the government.
- Complement other government efforts to promote human rights.

Members: Includes a chairperson, typically a retired Chief Justice or Supreme Court Judge, and five other members with expertise in human rights. Ex-officio members from various national commissions are also included.
Appointment: Appointed by the President based on the recommendations of a six-member committee, including the Prime Minister and other parliamentary leaders.
Tenure: Members serve a three-year term or until age 70, with provisions for reappointment.

Inquiry into Violations: Investigate any human rights violations by public servants, whether initiated by petition, court order, or on its own accord.
Legal Interventions: Intervene in court cases involving alleged rights violations.
Inspection of Detention Facilities: Study conditions in jails and detention centers and recommend improvements.
Review Safeguards: Assess the effectiveness of constitutional/legal protections and recommend enhancements.
Promotion of Human Rights Awareness: Conduct awareness campaigns and support NGOs in the human rights field.

Headquarters: Located in Delhi, with additional offices across India.
Investigative Powers: NHRC can utilize Central and State government officers or agencies and collaborates with NGOs for first-hand information on violations.
Limitations: NHRC can only investigate cases within one year of the alleged violation.
Follow-up Actions: After inquiries, the NHRC may recommend compensation, prosecution, or court interventions, although its recommendations are advisory rather than binding.

Administrative Constraints: As per the Paris Principles, NHRC requires proper infrastructure, staff, and funding to maintain its independence and expand its role effectively.
Financial Constraints: Although it receives annual grants from the Ministry of Home Affairs, NHRC lacks full financial autonomy and cannot make independent purchases, such as vehicles.
Manpower Shortages: Persistent shortages of experienced staff affect NHRC’s ability to manage the high volume of complaints and fulfill its investigative responsibilities, especially in cases of custodial deaths and illegal detentions.
Legal and Operational Barriers: The Law Division, crucial for handling complaints, faces significant manpower issues, which were highlighted by the Supreme Court in 2017, urging the government to address these concerns promptly.

Nature of Recommendations: The NHRC’s role is primarily recommendatory. It lacks the authority to punish human rights violators or enforce compensation directly; however, it can make recommendations to relevant authorities.
Non-Binding Recommendations: While the NHRC’s recommendations are not legally binding, the government is required to respond within one month. A former NHRC member emphasized that, despite being advisory, NHRC recommendations hold substantial influence.
Restricted Jurisdiction over Armed Forces: The NHRC’s powers are limited in cases involving the armed forces. It may request reports from the Central government on human rights violations by armed forces personnel but cannot enforce actions directly. The Central government must respond within three months to NHRC recommendations related to armed forces cases.

Annual and Special Reports: The NHRC submits regular reports to the Central and State governments, which are presented before the respective legislatures. These reports include a summary of actions taken and any instances where recommendations were not accepted, along with justifications.
Public Awareness and Engagement: NHRC organizes public hearings, camp settings, and outreach programs to increase awareness of human rights. This proactive engagement helps bring justice to victims and educates the public on rights and protections.

Range of Cases: NHRC handles a broad spectrum of cases, including custodial deaths, torture, police misconduct, communal violence, and various forms of discrimination and exploitation (e.g., child labor, atrocities against vulnerable groups).
Specific Cases Taken Up Suo Motu: NHRC can initiate cases on its own, often prompted by media reports or information from officials, covering issues like police custody deaths and conditions of prisons.
Collaboration with Civil Society: NHRC works with civil society, NGOs, and the media to bring attention to rights violations, benefiting from external insights and resources to further its goals.

Legal and Constitutional Reforms: NHRC actively reviews existing laws and international treaties to recommend legislative improvements for human rights protection.
Research and Educational Programs: NHRC undertakes and promotes research on human rights issues, aiming to educate the public and create a more informed society. It collaborates with educational institutions to increase human rights literacy.
NGO and Community Support: By encouraging and supporting NGOs in the human rights sector, NHRC builds a wider network dedicated to safeguarding rights, creating a layered approach to protection and advocacy.

Increased Financial Autonomy: Granting NHRC financial independence, especially for administrative expenses, could enhance its operational efficiency.
Augmentation of Manpower: Addressing manpower shortages by filling sanctioned posts and expanding investigative resources would enable NHRC to handle cases more effectively.
Enhanced Jurisdiction over Armed Forces: Revising NHRC’s jurisdictional limitations regarding armed forces could improve accountability and oversight in cases of human rights abuses by defense personnel.
Streamlined Reporting Mechanisms: Simplifying procedures for NHRC’s follow-up on recommendations could increase transparency and accountability within the government’s human rights practices.