Complete and Final project must be submitted in Printed form (3500-4000 words,Times New Roman, Font Size 12,

Margins [Left 1.5 inches, Right+Top+Bottom 1 inch], Spacing 2 point, Page Number at the Bottom Center of the Page,
ILI citation style, No fancy binding (just stapled), No acknowledgement or content pages

National Human Rights CommissionIts origin, affairs, and modus

My project intends to address the unit3 of the syllabus, which is institutions of human rights and in that i will be

My project will be covering the following sub-headings and questions given below: 1. Introduction- In this what is
NHRC will be explained. 2. Origin- In this, question of how and when NHRC was formed will be dealt. 3. Need-In this
sub-heading, what is the objective of forming NHRC and why it was the call of the time will be discussed. 4. Evolution-
In this sub-heading, how NHRC evolved and developed till date will be

NHRC, origin, need, evolution, affairs, modusoperandi and human rights.

modus operandi.

and in that i will be dealing on National Human Rights Commission

4. Evolution-In this sub-heading, how NHRC evolved and developed till date will be discussed. 5. Affairs-In this sub-
heading the question, what it ensures to protect in Indian society and resultant impact of forming NHRC will be
discusssed. 6. Modus Operandi-In this sub-heading, how it works, deals, and protects human rights in Indian society
will be discussed. 7. Conclusion- In this how NHRC protected and promoted human rights will be explained.

About the Organisation

The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which
it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights
(Amendment) Act, 2006.

It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the
promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the
United Nations by its Regulations 48/134 of 20 December, 1993.

The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.

Section 2(1)(d) of the PHRA defines Human Rights as 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.

Constitution of NHRC

The Commission consists of a Chairperson, four full-time Members and four deemed Members. The statute lays down
qualifications for the appointment of the Chairperson and Members of the Commission. Constitution of NHRC
The National Human Rights Commission (NHRC) of India was established

on 12 October 1993. Its mandate is contained in the Protection of Human Rights

Act, 1993 as amended vide the Protection of Human Rights (Amendment)

Act, 2006 (PHRA). The constitution of NHRC is in conformity with the Paris

Principles that was adopted at the first International Workshop on National

Institutions for the Promotion and Protection of Human Rights organized in

Paris in October 1991, and endorsed by the General Assembly of the United

Nations in Resolution 48/134 of 20 December 1993. The Commission is a

symbol of India's concern for the promotion and protection of human rights.

ty and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and
enforceable by courts in India’. “International Covenants” means the International Covenant on Civil and Political Rights
(ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the Child (CRC) and the
Convention on the Elimination of all Forms of Racial Discrimination (CERD).The Government of India acceded to the
ICCPR and ICESER in 1979. It ratified the CEDAW in 1993, the CRC in 1991
and the CERD in 1968. It would not be out of place to mention that the Constitution of India
takes into account all those features that have been spelt out in the above-mentioned conventions. Many of the rights
referred to in the ICCPR and the ICESCR were available to Indian citizens when India became independent as these rights
are primarily reflected in Part III and Part IV of the Constitution under
th independent as these rights are primarily reflected in Part III and Part IV
of the Constitution under th

Number and Nature of Complaints

2.21 The Commission continued to receive complaints in large numbers from

different parts of the country on a wide range of issues where rights of the

people were allegedly violated or negligence shown by the public servants in

the prevention of such violations. These complaints by and large included cases

alleging custodial deaths, torture, fake encounters, police high-handedness,

violations committed by security forces, conditions relating to prisons,

atrocities committed on women and children and other vulnerable sections

like the Scheduled Castes, the Scheduled Tribes and the Minorities, communal

violence, bonded and child labour, non-payment of retiral benefits, negligence

by public authorities, etc. The Commission further took cognizance of the

intimations received regarding deaths in police encounters and police custody,

judicial custody and in the custody of defence/para military forces. Suo motu

cognizance of many incidents based on reports in the print and electronic media

was taken including those cases which came to the notice of the Chairperson,

Members, Special Rapporteurs and senior officers of the Commission during

their visits to different parts of the country

Human Rights Violation Cases

2.22 A total of 1,17,808 cases were registered in the Commission

(Annexure-1) during 2015-2016. It disposed of 1,18,254 cases which included

cases of previous years as well. Of the total number of cases disposed of by the

Commission during the year under review, 65,220 were dismissed ‘in limine’

Chapter

National Human Right Commission

Annual Report - 2015-2016 13

while 15,975 were disposed of with directions to the appropriate authorities

for remedial measures. In all, 24,622 cases were transferred to the State Human

Rights Commissions for disposal in accordance with the provisions of the PHRA.

For details of State and Union Territory-wise cases disposed of by the NHRC
during 2015-2016, see Annexure-2. At the end of the reporting period, that

is, on 31 March 2016, the total number of cases pending with the Commission

was 40,766. These covered 2,001 cases awaiting preliminary consideration and

38,765 cases pending either for want of reports from the authorities concerned

or the reports received being pending for consideration by the Commission

(Annexure-3).

The National Human Rights Commission (NHRC) of India is a Statutory public body constituted on 12 October
1993 under the Protection of Human Rights Ordinance of 28 September 1993.[1] It was given a statutory basis by the
Protection of Human Rights Act, 1993 (TPHRA).[2] The NHRC is the National Human Rights Commission of
India,[3] responsible for the protection and promotion of human rights, defined by the Act as "Rights Relating To Life,
liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International
Covenants".

Functions of NHR[edit]
The Protection of Human Rights Act mandates the NHRC to perform the following functions:[2]

 proactively or reactively inquire into violations of government of India human rights or negligence in the
prevention of such violation by a public servant
 by leave of the court, to intervene in court proceeding relating to human rights
 make recommendations about granting relief to the victims and their families.
 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
 review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend
appropriate remedial measures
 to study treaties and other international instruments on human rights and make recommendations for their
effective implementation
 undertake and promote research in the field of human rights
 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
 encourage the efforts of NGOs and institutions congress to working in the field of human rights.
 such other function as it may consider it necessary for the protection of human rights.
 requisitioning any public record or copy thereof from any court or office.

Composition[edit]
The NHRC consists of:

 A Chairperson,who has been a Chief Justice of India or a Judge of the Supreme Court
[4]
)

 One member who is, or has been, a Judge of the Supreme Court of India
  One member who is, or has been, the Chief Justice of a High Court
 Three Members, out of which at least one shall be a woman to be appointed from amongst persons having
knowledge of, or practical experience in, matters relating to human rights
 In addition, the Chairpersons of National Commissions (Scheduled Castes, Scheduled
Tribes, Women , Minorities, Backward Classes, Protection of Child Rights) and Chief Commissioner for Persons
with Disabilities serve as ex officio members.
The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be appointed only after the
consultation with the Chief Justice of Supreme Court.

Chairman and Members[edit]

The chairman of the NHRC is Justice H. L. Dattu and the other members are:[5]

State Human Rights Commission[edit]

A State Government may constitute a body known as the Human Rights Commission of that State to exercise the
powers conferred upon, and to perform the functions assigned to, a State Commission. In accordance to the
amendment brought in TPHRA,1993[7] point No.10 below is the list[8] of State Human Rights Commissions formed to
perform the functions of the commission as stated under chapter V of TPHRA,1993 (with amendment act 2006). At
present, 25 states have constituted SHRC[9]

Appointment[edit]
Section 2 Sections 3 and 4 of TPHRA lay down the rules for appointment to the NHRC. The Chairperson and
members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting
of:

 The Prime Minister (Chairperson)

 The Home Minister
 The Leader of the Opposition in the Lok Sabha (Lower House)
 The Leader of the Opposition in the Rajya Sabha (Upper House)
 The Speaker of the Lok Sabha (Lower House)
 The Deputy Chairman of the Rajya Sabha (Upper House)

Structure of the Commissionhttps://www.drishtiias.com/important-institutions/drishti-specials-important-

institutions-national-institutions/national-human-rights-commission-nhrc

To deny people their human rights is to challenge their very humanity.

— Nelson Mandela
 NHRC is a multi-member body which consists of a Chairman and seven other members. Out of the seven
members, three are ex-officio member.
 President appoints the Chairman and members of NHRC on recommendation of high-powered committee
headed by Prime Minister.
 The Chairperson and the members of the NHRC are appointed for 5 years or till the age of 70 years,
whichever is earlier.
 They can be removed only on the charges of proved misbehavior or incapacity, if proved by an inquiry
conducted by a Supreme Court Judge.
 Commission also has five Specialized Divisions i.e. Law Division, Investigation Division, Policy Research
& Programmes Division, Training Division and Administration Division.
 The chairman and the members of State Commission are appointed by the Governor in consultation with
the Chief Minister, Home Minister, Speaker of Legislative Assembly and Leader of the Opposition in the
State Legislative Assembly.

Functions and Powers of NHRC

 NHRC investigates grievances regarding the violation of human rights either suo moto or after receiving a
petition.
 It has the power to interfere in any judicial proceedings involving any allegation of violation of human rights.
 It can visit any jail or any other institution under the control of the State Government to see the living
conditions of the inmates and to make recommendations thereon.
 It can review the safeguards provided under the constitution or any law for the protection of the human rights
and can recommend appropriate remedial measures.
 NHRC undertakes and promotes research in the field of human rights.
 NHRC works to spread human rights literacy among various sections of society and promotes awareness of
the safeguards available for the protection of these rights through publications, media, seminars and other
means.
 The Commission takes an independent stand while providing opinions for the protection of human rights
within the parlance of the Constitution or in law for the time being enforced.
 It has the powers of a civil court and can grant interim relief.
 It also has the authority to recommend payment of compensation or damages.
 NHRC credibility is duly reflected in large number of complaints received every year and the trust reposed in
it by the citizens.
 It can recommend to both the central and state governments to take suitable steps to prevent the violation of
Human Rights. It submits its annual report to the President of India who causes it to be laid before each
House of Parliament.

Limitations of NHRC
 NHRC does not have any mechanism of investigation. In majority cases, it asks the concerned Central and
State Governments to investigate the cases of the violation of Human Rights
 It has been termed as ‘India’s teasing illusion’ by Soli Sorabjee (former Attorney-General of India) due to its
incapacity to render any practical relief to the aggrieved party.
 NHRC can only make recommendations, without the power to enforce decisions.
 Many times NHRC is viewed as post-retirement destinations for judges and bureaucrats with political
affiliation moreover, inadequacy of funds also hamper its working.
 A large number of grievances go unaddressed because NHRC cannot investigate the complaint registered
after one year of incident.
 Government often out rightly rejects recommendation of NHRC or there is partial compliance to these
recommendations.
 State human rights commissions cannot call for information from the national government, which means that
they are implicitly denied the power to investigate armed forces under national control.
 National Human Rights Commission powers related to violations of human rights by the armed forces have
been largely restricted.

Suggestions
 There is need for complete revamping of NHRC to make it more effective and truly a watchdog of human
right violations in the country.
 NHRC efficacy can be enhanced by government if commission decisions are made enforceable.
 There is need to change in composition of commission by including members from civil society and activists.
 NHRC needs to develop an independent cadre of staff with appropriate experience.
 Many laws in India are very old and archaic in nature by amending which government can bring more
transparency in regulations.
 To improve and strengthen the human rights situation in India, state and non state actors need to work in
tandem.

Composition of NHRC: https://www.jagranjosh.com/general-knowledge/national-human-rights-commission-

1437201682-1
NHRC comprises of a chairman and four members. The chairman should be a retired chief justice of India. The
other members should be

(i) One Member who is, or has been, a Judge of the Supreme Court of India
(ii) One Member who is, or has been, the Chief Justice of a High Court
(iii) two Members to be appointed from among persons having knowledge of, or practical experience in, matters
related to human rights
Apart from these members, the Chairpersons of National Commission for Minorities, National Commission for
SCs, National Commission for STs and National Commission for Women serve as ex officio members.
President appoints the chairperson and members of the NHRC on the recommendation of a six member
committee consisting of

(i) The Prime Minister (chairperson)

(ii) The Home Minister
(iii) The Speaker of the Lok Sabha
(iv)The Leader of the Opposition in the Lok Sabha
(v) The Deputy Chairman of the Rajya Sabha
(vi)The Leader of the Opposition in the Rajya Sabha
Functions of NHRC:
According to the protection of Human Rights Act, 1993, below are the functions of NHRC:

(a) Inquire suo motu or on a petition presented to it, by a victim, or any person on his be into complaint of
violation of human rights or negligence in the prevention of such violation by a public servant.
(b) Intervene in any proceeding involving any allegation of violation of human rights before a Court with the
approval of such Court.
(c) Visit any jail or detention places to study the living conditions of the inmates and make recommendations
thereon
(d) Review the safeguards provided by or under the constitution of any law for the time being in force for the
protection of human rights and recommend measures for their effective implementation.
(e) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend
appropriate remedial measures.
(f) Undertake and promote research in the field of human rights.
(g) Spread human rights literacy among various sections of society and promote awareness of the safeguards
available for the protection of these rights.
(h) Encourage the efforts of Non-Governmental organizations and institutions working in the field of human
rights.
(j) Undertake such other functions as it may consider necessary for the promotion of human rights.
Working of the NHRC
Headquarter of the commission is located at Delhi.

• The commission is vested with the 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 from the central or any state government or any other authority
subordinate thereto.
However, the commission has its own staff to investigate into complaints of human rights violations. It is also
empowered to utilize the services of any officer or investigating agency of the central government or any state
government for the purpose. The commission also cooperates with various NGOs for the information regarding
human rights violations.

The commission can look into a matter within one year of its occurrence.

The commission may take any of the following steps during or upon the completion of an inquiry:

1. It may recommend to the concerned government or authority to make payment of compensation or damages
to the victim;
2. It may recommend to the concerned government or authority the initiation of proceedings for prosecution or
any action against the guilty public servant;
3. It may recommend to the concerned government or authority for the grant of immediate interim relief to the
victim;
4. It may approach to the Supreme Court or the high court concerned for the necessary directions, orders or
writs.
In order to make NHRC more effective, its powers could be increased in various ways to increase its
effectiveness and efficiency in delivering justice to the victims. The commission should be empowered to
provide interim and immediate relief including monetary relief to the victim. In addition, the commission
should be empowered to punish the violators of the human rights, which may act as deterrent to such acts in the
future. The interference of the government and other authorities in the working of commission should be
minimum, as it may influence the working of commission. Therefore, the NHRC should be given power to
investigate into the cases related to human rights violation by the members of the armed forces.

The Functions of the National Human Rights Commissionhttps://www.savethechildren.in/articles/functions-

of-national-human-rights-commission-in-india
NHRC today enjoys a very wide mandate, receiving over 70,000 complaints every year. Through
recommendations and requests for inquiries, the Commission seeks to resolve human rights violations across
India.

Legal proceedings
It also can intervene in human rights proceedings, which may be pending before the court. NHRC officials visit
jails to inspect living conditions for inmates incarcerated for treatment, reformation or protection.

Instrument of policy
As a body to oversee policy, the NHRC can review and make recommendations in Constitutional and legal
safeguards. It can also review international treaties and events that may compromise human rights.

Human rights literacy

The NHRC also serves as the basis of human rights literacy in India, initiating awareness of rights through
publications, media channels, seminars etc. Common themes in India's contemporary human rights violation
history include labour law, extrajudicial killing, sexual violence and LGBT rights, violence and discrimination
against women, children and minorities.

Child rights in India: a vital function of the NHRC

Child rights are often considered the most critical of all human rights reforms as they define the future for both
current and upcoming Indian generations. “Children's rights” have radically changed; from the middle ages,
which refused to recognize the concept of a childhood and saw children work side by side with adults to
today’s understanding of nurturing a child's unique identity while providing him access to necessities.

Children's rights apply to the special protection and care that minors under the age of 18 are provided. Based
on international legislations, these include right to association with both parents, physical protection, food, free
education,
healthcare, and legal protection from violence or discrimination.

https://economictimes.indiatimes.com/news/politics-and-nation/vision-ahead-rights-watchdog-hopes-to-earn-more-
teeth/articleshow/56232007.cms read

Institutions/Commissions: National Human

Rights Commission
In the progression of India, formation of the National Human Rights is major step. The National Human Rights
Commission, abbreviated as NHRC of India is an autonomous public body founded on 12 October 1993 under
the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory base by the
Protection of Human Rights Act, 1993 (TPHRA).
It is well recognized that Human Rights are essential for entire development of an individual. Human rights are
the rights of the individuals, are recognized by the society and are to be compulsory by the state. Thus, these
rights must have a social respect and must be enforceable by the state government. Human rights are intrinsic in
human nature and they are completely essential for living as a human being. Human rights are the foundation of
human life, self-respect and worth. Human rights can be elaborated as the condition by which man can archive
self-freedom and can make the fullest development of him. Human Rights create specific conditions to help an
individual to develop his persona. To live the life of dignity of the personality, to express his thoughts freely, to
get the freedom to follow any religious dogmas, to make any business and for the financial and educational
development as well as the political participation, human rights are more indispensable for human being.
History: The UN Commission on Human Rights framed the Universal Declaration of Human Rights (UDHR).
UDHR was approved by the United Nations General Assembly in 1948. Although the UDHR was a non-
binding resolution, it is now reflected to have acquired the force of international customary which may be raised
in appropriate circumstances by national and other judges. The UDHR desires member nations to promote a
number of human, civil, economic and social rights. The implementation of the Universal Declaration is a
significant international commemoration marked each year on 10 December, and is called Human Rights Day
or International Human Rights Day.
The international community has acknowledged the mounting importance of strengthening national human
rights institutions. In this background, in the year 1991, a UN-sponsored meeting of representatives of national
institutions held in Paris, a comprehensive set of principles on the status of national institutions was developed,
these are commonly known as the Paris Principles. These principles, became the basis for the establishment and
operation of national human rights institutions.
Following these progresses, India, sanctioned the Protection of Human Rights Act, 1993, in order to bring about
greater answerability and strengthen the dominion of human rights in the country. The National Human Rights
Commission was established on October 12, 1993. Its statute is contained in the Protection of Human Rights
Act, 1993, and is in conformity with the Paris Principles. States, 23 of them, have set up their own human rights
commissions under the Protection of Human Rights Act, 1993 to deal with violations from within their states.
Features of the National Human Rights Commission:
- National Human Rights Commission was established under Section 3 of the 1993 Act to shield human rights.
The term ‘human rights’ is described in Section 2(d) of the 1993 Act, which reads as follows:
“2. (d) “Human rights” means 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.”
- It is independent commission. it has been created by an Act of Parliament.
- National Human Rights Commission is dedicated to provide independent opinions on issues within the
parlance of the Constitution or in law for the time being enforced for the protection of human rights. The
Commission takes an independent stand.
- National Human Rights Commission has the powers of a civil court.
- It has authority to grant interim relief.
- National Human Rights Commission has authority to recommend payment of compensation or damages.
- Large number of complaints received every year reflects the credibility of the Commission and the trust
reposed in it by the citizens.
- National Human Rights Commission has wide mandate.
- National Human Rights Commission has exclusive mechanism with which it also monitors implementation of
its various recommendations.
The NHRC is the national human rights institution, accountable for the protection and promotion of human
rights, defined by the Act as "rights relating to life, liberty, equality and dignity of the individual guaranteed by
the Constitution or embodied in the International Covenants".
Major purpose of the National Human Rights Commission is through the petition of a person, to examine the
violation of human rights or the failures of the state or other to prevent a human rights violation. The
Commission can visit state institutions where people are detained such as jails to inspect the conditions of the
institutions and ensure they are in compliance with human rights provisions. They can also examine any law or
constitutional provisions to ensure that the protections of the law protect human rights. They are to counsel the
state on measures to prevent violence and related violations as well as on how to effectively implement
provisions of human rights treaties. The commissions may also take on research about human rights, create
awareness campaigns through various mediums, and boost the work of NGOs.
In simple way, "Human Rights" entails the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the constitution or personified in the International covenants and enforceable by courts in India.
"Commission" means the National Human Rights Commission constituted under section of All human beings
are born free and equal in dignity and rights known as Human rights, as commonly understood, are the rights
that every human being is entitled to enjoy freely irrespective of his religion, race, caste, sex and nationality in
Declaration of Independence acknowledged the fundamental human rights (Jagdish chand, 2007). Human
Rights are not static. New rights are accepted and enforced from time to time. Only persons fully familiar with
the latest development about the expanding limits of Human Rights can encourage their awareness better than
others.
Composition of National Human Rights Commission:
The National Human Rights Commission include a chairperson and seven other members. Out of the seven
members, three are ex-officio members and four others are selected by the President on the recommendation of
a Selection Committee. The Committee is consisting of the Prime Minister who is the chairman of this
Committee, Union Home Minister, Deputy Chairman of the Rajya Sabha, Speaker of the Lok Sabha and the
Leaders of the Opposition in both the Houses of Parliament.
Members of NHRC:
The National Human Rights Commission comprises of following executives:

 A Chairperson, retired Chief Justice of India.

 One Member who is, or has been, a Judge of the Supreme Court of India.
 One Member who is, or has been, the Chief Justice of a High Court.
 Two Members to be appointed from among persons having knowledge of, or practical experience in,
matters relating to human rights.
Additionally, the Chairpersons of four National Commissions,(1.Minorities 2.SC and ST 3.Women), to serve as
ex officio members.
Figure:

Appointment:
The Chairperson and the Members of the Commission are appointed by the President of India, on the
recommendations of a Committee.
Tenure:
The Chairperson and the members of the NHRC have a tenure of five years. But if any member reaches the age
of 70 years before the completion of his tenure, he or she has to retire from the membership.
The Chairperson or any other member of this commission can be removed by the President even before the
expiry of their full term. They can be removed only on the charge of proved misbehaviour or incapacity or both,
if it is proved by an inquiry conducted by a judge of the Supreme Court.
The headquarters of the commission is at New Delhi. Though, with the permission from the government, it can
establish offices at other places in India.

Functions of National Human Rights Commission:

Comprehensive powers and functions have been given to the Commission under section12 of the Act.
National Human Rights Commission perform following functions:

1. To investigate grievances regarding the violation of human rights either suo moto or after receiving a
petition.
2. To scrutinize the failure of duties on the part of any public official in preventing the violation of human rights.
3. To interfere in any judicial proceedings involving any allegation of violation of human rights.
 4. To visit any jail or any other institution under the control of the State Government to see the living conditions
of the inmates and to make recommendations thereon.
5. To review the safeguards provided under the constitution or any law for the protection of the human rights
and to recommend appropriate remedial measures.
6. To study treaties and other international instruments on human rights and to make recommendations for
their effective implementation.
7. To undertake and promote research in the field of human rights.
8. To encourage the efforts of the non-governmental organisations working in the field of human rights.
9. To spread human rights literacy among various sections of society and to promote awareness of the
safeguards available for the protection of these rights through publications, the media, seminars and other
means.
10. To review all facts related to the activities of the terrorists which obstruct the way of the protection of human
rights and to make recommendations for their effective implementation.

To make an inquiry into the complaints submitted to it, the commission has the powers of a civil court. It can
recommend to both the central and state governments to take suitable steps to prevent the violation of Human
Rights. It submits its annual report to the President of India who causes it to be laid before each House of
Parliament.
It usually sends a copy of the inquiry report to the petitioner and also to the concerned government. The
government may be asked to inform it about the action taken or proposed to be taken on the concerned
complaints.
The Protection of Human Rights Act, 1993, authorized the State Governments to establish their own
commission for this aim. The chairman and the members of such State Commission are appointed by the
Governor in consultation with the Chief Minister, Home Minister, Speaker and Leader of the Opposition in the
State Legislative Assembly.

Role of National Human Rights Commission:

Though the founding of the National Human Rights Commission is great step, yet sometimes it cannot perform
its duties effectively. It does not have any mechanism of investigation. It always depends on the staff of the
central and state governments. So its investigation sometimes fails to be unbiased.
In majority cases, it asks the concerned Central and State Governments to investigate the cases of the violation
of Human Rights. It also approaches the Supreme Court and the High Courts to provide judicial assistance to
the victims. Soli J. Sorabjee disparaged it as “India’s teasing illusion” due to its incapacity to render any
practical relief to the aggrieved party.
On the issue of the violation of Human Rights, India is unnecessarily gripped in controversy. As an independent
state, when it takes action against all disintegrating forces, the issue of Human Rights violation is raised. The
National Human Rights Commission in India has effectively demonstrated its inclination to act as an effective
organisation in the protection of Human Rights.
There is a well-planned investigation division within the Commission. The prime duty of this investigation
division is to look into complaints received by the Commission. For this purpose the investigation, team makes
on the spot investigations. The Act outlines the investigative role of the Commission. Subsection 1(b) of Section
11 provides, “Such police and investigative staff under and officer not below the rank of a Director General of
Police and such other officers and staff as may be essential for the efficient performance of the functions of the
Commission.”
The Commission divides the cases in these following categories:

1. Custodial deaths
2. Police excesses (Torture, Illegal detention\ unlawful arrest, false implication)
3. Fake encounters
4. Cases related to Women and Children
5. Atrocities on Dalits\Members of Minority community\ Disabled
6. Bonded labour
7. Armed forces\ para military forces
8. Other important cases

Once the Commission receives a complaint, it seeks comments from the concerned government regarding
complaint. After receiving the comments of the concerned authority, a detailed note on the merits of the case is
prepared for the consideration of the Commission. After this, directions and recommendations of the
Commission are communicated to the concerned government under Sections 18 and 19 of the Act.
After completing inquiry, the Commission may take any of the following steps under Section 18 of this Act,
namely:

1. Where the inquiry discloses, the commission of violation of human rights or negligence in the prevention of
violation of human rights by a public servant, it may recommend to the concerned Government or authority
the initiation of proceedings for prosecution or such other action as the Commission may deem fit against
the concerned person or persons.
2. Approach the Supreme Court or the High Court concerned for such directions, orders or units as that Court
may deem necessary.
3. Recommend to the concerned government or authority for the grant of such immediate interim relief to the
victim or the members of his family as the Commission may consider necessary subject to the provisions of
clause
4. Give a copy of the inquiry report to the petitioner or his representative.
5. The Commission shall send a copy of its inquiry report together with its recommendations to the concerned
government or authority who shall, within a period of one month, or such further time as the Commission
may allow, forward its comments on the report, including the action taken or proposed to be taken thereon,
to the Commission.
6. The Commission shall publish its inquiry report together with the comments of the concerned government or
authority, if any, and the action taken or proposed to be taken by the concerned government or authority on
the recommendations of the Commission.

Major Human Rights issues in India:

It cannot be denied the humongous magnitude of human right violations occur in India. The world’s largest
democracy is beleaguered by extensive violations. Some major issues are taken up by NHRC. These re
mentioned below:

1. Custodial Torture
2. Right to Work and Labour Rights
3. Extrajudicial Killings
4. Arbitrary Arrest and Detention
5. Excessive Powers of the Armed Forces and the Police
6. Sexual Violence
7. Conflict Induced Internal Displacement
 8. Child Labour
9. Manual Scavenging
10. Violence and discrimination against Women, Children
11. Lesbian, Gay, Bisexual, Transgender Rights
12. Problems faced by Scheduled Castes and Scheduled Tribes, Religious Minorities, Persons with Disabilities

Limitations of the Commission: There are some limitations of National Human Rights Commission.
National Human Rights Commission can only make recommendations, without the power to impose decisions.
This lack of authority to ensure compliance can lead to outright denial of its decision too.
It is often visualized as a post-retirement destinations for judges, police officers and bureaucrats with political
clout. Bureaucratic functioning, insufficiency of funds also hamper the working of the commission.
Under the Protection of Human Rights Act, 1993, human rights commissions cannot examine an event if the
complaint was made more than one year after the incident. Therefore, a large number of genuine complaints go
unaddressed.
To summarize, the Government of India did comprehend the need to establish an independent body to promote
and protect human rights. The establishment of an autonomous National Human Rights Commission by the
Government of India mirrors its commitment for effective execution of human rights provisions under national
and international instruments. According to news reports, Human rights commissions are most active when their
tasks are passably supported by other mechanisms that safeguard a government’s accountability