National Human Rights Commission of India

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 (PHRA).[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 and enforceable by courts in India.".

Nation Human Rights Commission
National Human Rights Commission logo
Agency overview
Formed12 October 1993
Jurisdictional structure
Federal agencyIndia
Operations jurisdictionIndia
General nature
Operational structure
HeadquartersNew Delhi, India
Agency executives
  • Justice H. L. Dattu, Chairman
  • Jaideep Govind, Secretary General
Website
Official website

Functions of NHRC

The Protection of Human Rights Act mandates the NHRC to perform the following:

  • Proactively or reactively inquire into violations of human rights by government of India or negligence of such violation by a public servant
  • 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
  • to visit jails and study the condition of inmates
  • 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.
  • it considers the necessity for the protection of human rights.
  • requisitioning any public record or copy thereof from any court or office.

Composition

The NHRC consists of:

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

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

  • Jyotika Kalra

Ex-officio members:

State Human Rights Commission

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, 26 states have constituted SHRC[9]

State CommissionCityDate constituted
Assam Human rights CommissionGuwahati19 January 1996
Andhra Pradesh State Human rights CommissionHyderabad2 August 2006
Bihar Human rights CommissionPatna3 January 2000
Chhattisgarh Human Rights CommissionRaipur16 April 2001
Gujarat State Human Rights Commission[10]Gandhinagar12 September 2006
Goa Human Rights CommissionPanaji2011
Meghalaya State Human Right CommissionShillong2013
Himachal Pradesh State Human rights CommissionShimla--
Jammu & Kashmir Human Rights Commission (As state has bifurcated into two Union Territories, this state commission has abolishedSrinagarJanuary 1997
Kerala State Human Rights CommissionThiruvananthapuram11 December 1998
Karnataka State Human Rights CommissionBangalore28 June 2005
Madhya Pradesh Human Rights CommissionBhopal1 September 1995
Maharashtra State Human Rights CommissionMumbai6 March 2001
Manipur State Human Rights CommissionImphal2003
Odisha Human rights CommissionBhubaneswar27 January 2000
Punjab State Human Rights CommissionChandigarh17 March 1997
Rajasthan State Human rights CommissionJaipur18 January 1999
State Human Rights Commission Tamil NaduChennai17 April 1997
Uttar Pradesh Human Rights CommissionLucknow7 October 2002
West Bengal Human Rights CommissionKolkata8 January 1994
Jharkhand State Human Rights CommissionRanchi2010
Sikkim State Human Rights CommissionGangtok18 October 2008
Uttarakhand Human Rights CommissionDehradun13 May 2013
Haryana Human Rights CommissionChandigarh2012
Tripura Human rights CommissionAgartala2015
Telangana State Human Rights CommissionHyderabad2019[11]

Appointment

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:

Former chairpersons
Sr. No.PortraitNameTenure
1.Justice Ranganath Misra12 October 199324 November 1996
2.Justice M N Venkatachaliah26 November 199624 October 1999
3.Justice J S Verma4 November 199917 January 2003
4.Justice A S Anand17 February 200331 October 2006
-N/AJustice Shivaraj Patil
(Acting)		1 November 20061 April 2007
5.Justice S. Rajendra Babu2 April 200731 May 2009
-N/AJustice G. P. Mathur
(Acting)		1 June 20096 June 2010
6.Justice K G Balakrishnan7 June 201011 May 2015
-Justice Cyriac Joseph
(Acting)		11 May 201528 February 2016
7.Justice H.L. Dattu29 February 2016Incumbent

Controversy

A report concerning the manner of which the Shivani Bhatnagar murder controversy case was rejected, a case which involved high-ranking officials being implicated in the murder of a journalist, opened the organisation up to questioning over the usefulness of human rights commissions set up by the government at the national and state levels.[12]

In mid-2011, the chairman of the NHRC, ex-Chief Justice K.G. Balakrishnan came under a cloud for allegedly owning assets disproportionate to his income.[13] His son-in-law P. V. Srinijan, an Indian National Congress politician, had to resign for suddenly coming into possession of land worth Rs. 25 lakhs.[14] Many prominent jurists, including former CJ J. S. Verma, SC ex-Judge V. R. Krishna Iyer, noted jurist Fali S. Nariman, former NHRC member Sudarshan Agrawal and prominent activist lawyer Prashant Bhushan, have called on Balakrishnan's resignation pending from the HRC pending inquiry.[15] In February 2012, the Supreme Court inquired of the government regarding the status of the inquiry.[16]

Human Rights Campaign's recommendations

NHRC held that 16 out of 19 police encounters with suspected Maoists in Guntur and Kurnool districts of Andhra Pradesh, prior to 2002 were fake and recommended to Government payment of compensation of Rs 5 lakh each to the kin of the families.[17]

gollark: Possibly, depends what it is, I have lots of free time now and can program python a bit.
gollark: I really wonder who goes around *making* these things.
gollark: This is an actual regex in a Markdown parsing thing I'm trying to use:```^(?:(\*(?=[`\]!"#$%&'()+\-./:;<=>?@\[^_{|}~]))|\*)(?![\*\s])((?:(?:(?!\[.*?\]|`.*?`|<.*?>)(?:[^\*]|[\\s]\*)|\[.*?\]|`.*?`|<.*?>)|(?:(?:(?!\[.*?\]|`.*?`|<.*?>)(?:[^\*]|[\\s]\*)|\[.*?\]|`.*?`|<.*?>)*?(?<!\)\*){2})*?)(?:(?<![`\s\]!"#$%&'()+\-./:;<=>?@\[^_{|}~])\*(?!\*)|(?<=[`\]!"#$%&'()+\-./:;<=>?@\[^_{|}~])\*(?!\*)(?:(?=[`\s\]!"#$%&'()+\-./:;<=>?@\[^_{|}~]|$)))|^_([^\s_])_(?!_)|^_([^\s_<][\s\S]*?[^\s_])_(?!_|[^\s,!"#$%&'()+\-./:;<=>?@\[^_{|}~])|^_([^\s_<][\s\S]*?[^\s])_(?!_|[^\s,!"#$%&'()+\-./:;<=>?@\[^_{|}~])```(it's generated from a slightly less insane one with`punctuation` in place of the big mess of punctuation characters, but *still*)
gollark: You could probably procedurally generate a few of the parameters for it. I can't help much though, I just remembered that these were a thing for drawing curves which existed.
gollark: You might be interested in this? https://en.wikipedia.org/wiki/B%C3%A9zier_curve

References
  1. Annual Report 1993-94 of the National Human Rights Commission
  2. The Protection of Human Rights Act, 1993, as amended by the Protection of Human Rights (Amendment) Act, 2006
  3. Nath, Damini. "NHRC issues notice to T.N." The Hindu. Retrieved 23 February 2017.
  4. Singh, Vijaita (8 October 2017). "Ex-SC judges could soon be appointed NHRC chiefs" – via www.thehindu.com.
  5. "NHRC website". Archived from the original on 9 June 2018. Retrieved 21 June 2018.
  6. THE PROTECTION OF HUMAN RIGHTS (AMENDMENT) ACT, 2019
  7. "Documents | National Human Rights Commission India" (PDF). Nhrc.nic.in. Retrieved 14 November 2018.
  8. "Archived copy". Archived from the original on 8 December 2015. Retrieved 4 December 2015.CS1 maint: archived copy as title (link)
  9. "Archived copy". Archived from the original on 20 September 2016. Retrieved 17 September 2016.CS1 maint: archived copy as title (link)
  10. "Archived copy". Archived from the original on 8 July 2018. Retrieved 26 December 2015.CS1 maint: archived copy as title (link)
  11. https://www.thehansindia.com/telangana/telangana-state-human-rights-commission-gets-new-chairman-and-members-592282
  12. The NHRC, and the Shivani Murder Controversy Archived 7 March 2016 at the Wayback Machine. Indiatogether.org. Retrieved on 2012-09-30.
  13. CBDT to probe ex-CJI Balakrishnan's assets -Videos India:IBNLive Videos. Ibnlive.in.com (2011-06-22). Retrieved on 2012-09-30.
  14. Ex-CJI's son amasses property in four years. Deccanherald.com (2012-09-21). Retrieved on 2012-09-30.
  15. Fali Nariman wants judicial probe against ex-CJI, kin's assets : South News – India Today. Indiatoday.intoday.in (2011-01-03). Retrieved on 2012-09-30.
  16. SC asks Centre about action taken against ex-CJI KG Balakrishnan – India News – IBNLive. Ibnlive.in.com. Retrieved on 2012-09-30.
  17. "NHRC declares 16 out of 19 encounters fake, orders compensation of Rs.80 lakh". 13 July 2012.
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