The National Human Rights Commission (NHRC)
The National Human Rights Commission (NHRC), India, recently took suo motu cognizance of 3 serious incidents reported in the media. All 3 directly relate to the rights to life, education, health, and dignity.
- In Kakraua village, 9 school students, including 5 girls, reportedly cross the Betwa River daily by hopping on check dam pillars to reach school in Madhya Pradesh's Vidisha district. The dangerous route cuts distance from 13 km by road to just 1.5 km. Students are forced to risk their lives due to lack of proper connectivity/bridges.
- A 12-year-old girl died of jaundice allegedly caused by drinking contaminated water in Shahzadpur, Ambala district, Haryana. Several other children in the locality have also been diagnosed with jaundice. Allegation is that drinking water supplied through a public tap is contaminated.
- A Class 4 Dalit student was allegedly beaten by a teacher at a government primary school in Ukawal village, Shivpuri district, Madhya Pradesh. The teacher was reportedly enraged seeing the boy drink water from his bottle and used casteist slurs.
These 3 cases highlight gaps in basic infrastructure, public health, and social justice that still affect children the most.
About NHRC
The National Human Rights Commission (NHRC), India, the life, is the country’s apex statutory body responsible for protecting human rights.
It was established on 12th October 1993 under the Protection of Human Rights Act, 1993, and later amended by the 2006 and 2019 Amendment Acts.
The NHRC was set up in conformity with the Paris Principles, which are the international standards for national human rights institutions.
Its main role is to ensure the protection of rights relating to life, liberty, equality, and dignity of individuals.
These are the rights guaranteed by the Indian Constitution as well as by international covenants that are enforceable in Indian courts.
In terms of composition, the Commission consists of one chairperson, five full-time members, a judge, and seven deemed members.
The Chairperson must be a former Chief Justice of India or a former Supreme Court Judge.
The deemed members include the chairpersons of other key national commissions such as those for women, SCs, STs, minorities, backward classes, and child rights.
Overall, NHRC acts as an independent watchdog that investigates violations, spreads awareness, and advises the government to uphold human rights across the country.
Appointment and Tenure
The Chairperson and Members of the NHRC are appointed by the President on the recommendation of a six-member committee.
This committee includes the prime minister, speaker, deputy chairman, speaker of Lok Sabha, leaders Deputy Chairman of Rajya Sabha, opposition leader leaders chairman, speaker of the Opposition in both houses, and the union home minister.
The Chairperson and Members hold office for 3 years or until they attain the age of 70, whichever is earlier.
Role and Functions
NHRC has the powers of a civil court while inquiring into complaints, and its proceedings are treated as judicial proceedings.
It is empowered to take help from officers of the central or state government and investigation agencies to probe human rights violations.
The Commission can investigate complaints only within one year of the incident occurring. However, its functions are primarily recommendatory in nature—it can suggest action, compensation, or prosecution to the government, but the final decision rests with the concerned authority.
In short, NHRC acts as an independent inquiry and advisory body with legal powers to investigate but relies on the government to implement its recommendations.
Shortcomings in the Functioning of NHRC
Despite being the apex human rights body, the NHRC faces several limitations that affect its effectiveness:
| Non-Binding Nature of Recommendations: - NHRC can investigate and recommend action, but it cannot force the government or authorities to implement its orders. Its power is mostly moral and persuasive, not legally binding. Inability to Punish Violators:- Even after proving a violation, NHRC cannot directly punish the guilty or award compensation. It has to depend on the government/courts for enforcement, which delays relief for victims. Limited Role in Armed Forces Cases:-NHRC’s jurisdiction over the armed forces is restricted. It can only seek a report from the government and cannot directly inquire. This creates a gap in accountability for violations by military personnel. Time Limitation: NHRC cannot take up cases reported after 1 year of the incident. This rule stops it from addressing historical or delayed grievances. Resource Constraints:-The Commission faces staff shortage, high pendency and limited funds. Both NHRC and many State Human Rights Commissions are working without a full-time Chairperson and with inadequate staff, which slows down investigations and awareness work. Lack of Independence:-Since the Chairperson and Members are appointed by the government through a political committee, questions are often raised about complete autonomy and freedom from political influence. Reactive, Not Proactive: NHR largely works after a complaint or media report. It has limited scope for preventive action, early warnings, or systemic interventions to stop violations before they happen. |
To make the NHRC more effective and relevant today, several reforms can be suggested:
| Improve Scope and Effectiveness:-The NHRC’s mandate should be expanded to cover new-age human rights issues like Artificial Intelligence, Deep Fakes, Data Privacy, and Climate Change. Human rights violations are no longer limited to just police or jail custodial cases. Grant Enforcement Powers:-Right now, NHRC’s recommendations are only advisory. It should be given some punitive/enforcement powers so that governments are legally bound to act on its findings. This will improve accountability and compliance. Composition Reforms:-The current structure is largely judicial and government oriented. To bring ground-level understanding, members from civil society, activists, women, and human rights experts should be included for a more diverse and holistic perspective. Develop an Independent Cadre:-NHRC faces staff and expertise shortages. An independent cadre of investigators, legal experts, and researchers with human rights training should be created instead of depending only on deputed government officers. Strengthen State Human Rights Commissions:-Most SHRCs are understaffed and often work without a chairperson. The Centre should help with funding, capacity building, and better coordination between NHRC and SHRCs so that complaints can be handled faster at the state level. Advocacy and Public Awareness:-Instead of just reacting to complaints, NHRC should do proactive advocacy - school programs, rural outreach, and campaigns to educate citizens about their rights so that violations can be prevented early. International Cooperation:-India can learn from other National Human Rights Institutions. Collaboration with UN bodies and other countries’ commissions will help NHRC adopt global best practices. |
Conclusion
The National Human Rights Commission has played a crucial role in safeguarding the rights to life, liberty, equality, and dignity in India since 1993. Through investigations, recommendations, and awareness, it acts as an important watchdog against human rights violations. However, its impact is limited by its non-binding powers, resource shortages, restricted jurisdiction, and lack of diversity. To remain relevant in a changing world, the NHRC needs greater enforcement authority, an expanded mandate covering issues like AI and climate change, an independent cadre, and stronger State Commissions.
By making these reforms, the NHRC can evolve from being a primarily recommendatory body to a more proactive, independent, and effective institution — one that not only responds to violations but also prevents them, thereby strengthening human rights protection in a developed and inclusive India.
The National Human Rights Commission (NHRC) is covered in the General Studies (GS) Paper II syllabus for the BPSC (Bihar Public Service Commission) Mains exam. It falls under the Indian Polity and Governance section, specifically under the study of constitutional and non-constitutional (statutory) bodies.
