50. National Human Rights Commission Flashcards
What are the specific objectives of the NHRC?
a) To strengthen the institutional arrangements through which human rights issues could be addressed in their entirety in a more focused manner
b) To look into allegations of excesses, independently of the government, in a manner that would underline the governments commitment to protect human rights; and
c) To complement and strengthen the efforts that have already been made in this direction.
When, how and why NHRC established?
- The NHRC was established in 1993 under a legislation enacted by the Parliament, namely, the Protection of Human Rights Act, 1993 (amended in 2006).
- The commission is the watchdog of human rights in the country, that is, the RIGHTS RELATING TO LIFE, LIBERTY, EQUALITY AND DIGNITY OF THE INDIVIDUAL GUARANTEED BY THE CONSTITUTION OR EMBODIED IN THE INTERNATIONAL COVENANTS and enforceable by courts in India.
Composition and appointment of the NHRC
Chairman and four members full time members:
Chairman: should be a RETIRED CHIEF JUSTICE OF INDIA
One member: should be SERVING or RETIRED JUDGE OF THE SUPREME COURT
One member: should be SERVING or RETIRED CHIEF JUSTICE OF HIGH COURT
Two members: should be HAVING KNOWLEDGE or PRACTICAL EXPERIENCE WITH HUMAN RIGHTS ISSUES
In addition to these full time members the commission also has FOUR EX-OFFICIO members–
- Chairman of the National Commission for Minorities
- Chairman of the National Commission for SCs
- Chairman of the National Commission for STs
- Chairman of the National Commission for Women
The chairman and members are appointed by the President on the recommendations of a 6-member committee consisting of,
- Prime minister as its head
- Speaker of Lok Sabha
- Deputy Chairman of the Rajya Sabha
- Leader of the opposition in Rajya Sabha
- Leader of the opposition in Lok Sabha
- Union home minister
Further, a sitting judge of the Supreme Court or sitting Chief Justice of high court can be appointed only after consultation with the Chief Justice of India.
The chairman and members hold office for a term of five years or until they attain the age of 70years whichever is earlier. After their tenure, the chairman and members are not eligible for further employment under Central or a state government.
Under which circumstances President can remove the chairman or any member of NHRC from office?
- If he is adjudged an INSOLVANT; or
- If he engages, during his term of office, in any PAID EMPLOYMENT OUTSIDE THE DUTIES OF HIS OFFICE; or
- If he is UNFIT TO CONTINUE in office by reason of INFIRMITY OF MIND or BODY; or
- If he is of UNSOUND MIND and stand declared by a competent court; or
- If he is CONVICTED and SENTENCED TO IMPRISONMENT for an offence.
- Proved MISBEHAVIOUR or INCAPACITY (after referring the matter to Supreme Court)
Functions of the NHRC
The functions of the commission are,
- To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either,
- Suo motu or
- A Petition presented to it or
- An order of the court - To intervene in any proceedings involving allegation of violation of human rights pending before a court.
- To visit jails and detention places to study the living conditions of inmates and make recommendations thereon.
- To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
- To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
- To study treaties and other international instruments on human rights and make recommendations for their effective implementation.
- To undertake and promote research in the field of human rights.
- To spread human rights literacy among the people and promote awareness of the safeguard available for the protection of these rights.
- To encourage the efforts of non-governmental organisations (NGOs) working in the field of human rights.
- To undertake such other functions as it may consider necessary for the promotion of human rights.
Explain: working of the NHRC
- Headquarters in Delhi.
- It is vested with power to regulate its own procedure.
- It has all the powers of a civil court and its proceedings have a judicial character.
- It may call for information or report for the central and state governments or any other authority subordinate thereto.
- has its own nucleus of investigating staff. Beside it can utilise services of any officer or investigation agency of the central or state government for the purpose.
- is NOT empowered to inquire into any matter after the expiry of ONE YEAR
- THE FUNCTIONS OF THE NHRC ARE MAINLY RECOMMENDATORY IN NATURE.
- IT HAS NO POWER TO PUNISH THE VIOLATORS OF HUMAN RIGHTS OR AWARD ANY RELIEF TO THE VICTIM.
- ITS RECOMMENDATIONS ARE NOT BINDING ON THE CONCERNED GOVERNMENT OR AUTHORITY.
- it has LIMITED ROLE, POWERS, and JURISDICTION with respect to the violation of the human rights by the MEMBERS OF THE ARMED FORCES.
