Former Supreme Court Judge Justice (Retd) V. Ramasubramanian has been appointed as Chairperson of National Human Rights Commission (NHRC) by President of India.The post was vacant after the completion of the term of Justice (Retd) Arun Kumar Mishra on 1 June 2024.
National Human Rights Commission
- NHRC of India is an autonomous statutory body established to promote and protect human rights.
- It was constituted on 12 October 1993 under the Protection of Human Rights Act (PHRA), 1993, which was later amended in the year 2006 and the year 2019.
- The Commission was established in line with the Paris Principles, which are international standards adopted for the promotion and protection of human rights.
- The Paris Principles are a set of international standards adopted in Paris (October, 1991) for the promotion and protection of human rights and endorsed by the General Assembly of the United Nations (UN) on 20 December, 1993.
- These principles guide the work of National Human Rights Institutions (NHRIs) across the world.
Role and Functions
- Intervention in Court Proceedings: It intervenes in court cases involving allegations of human rights violations with the prior permission of the concerned court.
- Review of Safeguards: It analyses the constitutional provisions and existing laws relating to human rights protection and proposes measures for their effective enforcement.
- Assessment of Impediments to Human Rights: It examines the factors including terrorism which impede the enforcement of human rights and suggests appropriate measures.
- Study of International Issues: It also analyses treaties and international conventions on human rights, and makes recommendations for their implementation in the Indian context.
- Research and promotion: It conducts research on human rights and encourages its study across various disciplines.
- It also promotes human rights literacy and awareness through publications, seminars, media and other means.
Powers of NHRC: As per the Code of Civil Procedure, 1908, the NHRC has powers equivalent to those of a civil court.
These powers include
- Ordering the discovery and production of documents.
- Receiving evidence produced by affidavit.
- Obtaining public records or certified copies from any court or office.
- Issuing commissions for the examination of witnesses or documents.
- Exercising any additional powers prescribed under relevant laws.
- NHRC Investigation Team: The NHRC has its own investigation team headed by the Director General of Police.
- It can also use the services of officials of the central or state government and collaborate with NGOs for investigations.
Challenges related to NHRC
- Non-binding recommendations: The NHRC can only make recommendations to the government, which are not legally binding. This limits its ability to enforce its decisions and ensure compliance.Former Chief Justice H.L. Dattu, who was its chairperson in 2016, called the commission a “toothless tiger” because of its alleged inaction in the face of human rights violations.
- Jurisdictional limitations: The NHRC’s jurisdiction is limited to human rights violations committed by public and private authorities. It cannot address violations committed by private individuals or entities. It also has limited jurisdiction over matters relating to the armed forces.
- Lack of enforcement power: The NHRC does not have the power to punish authorities that fail to implement its recommendations.
- Resource constraints: The NHRC often faces resource constraints, including inadequate funding and staffing, which hampers its ability to investigate and effectively address human rights violations.
- Excessive workload: The NHRC receives a large number of complaints and petitions, which can affect its ability to resolve cases quickly and thoroughly.
- Awareness and access: Many people are unaware of the existence of the NHRC and its mandate, which limits the number of complaints it receives. Additionally, the process of filing a complaint can be cumbersome and inaccessible to marginalized communities.
- Lack of global recognition: The Geneva-based UN-affiliated body, the Global Alliance of National Human Rights Institutions (GANHRI), has suspended the recognition of India’s NHRC, highlighting concerns about its compliance with international standards.
- Exceptions: The NHRC does not consider cases that are older than a year, anonymous, pseudonymous or ambiguous.
- It also excludes frivolous cases and service-related matters, as they are outside its jurisdiction or mandate. It has also been observed that sometimes the NHRC takes up politically charged cases and leaves others.
National Commission for Scheduled Castes
- The NCSC was established by Article 338. It consists of a Chairperson, a Vice-Chairperson and three other members appointed by the President.
- National Commission for Scheduled Tribes (NCST): The NCST was established under Article 338A.
- It consists of a Chairperson, a Vice-Chairperson and three other members appointed by the President.
- National Commission for Backward Classes (NCBC): The 102nd Amendment Act of 2018 converted the Commission from a statutory body to a constitutional body by inserting Article 338B.
- The Commission consists of a Chairperson, a Vice-Chairperson and 3 other members.