National Human Rights Commission
- Establishment
- It is a statutory body by Protection of Human Rights Act 1993
- Amended in 2006
- It is a watchdog of Human rights, rights relating to life, liberty, equality, dignity of individual guaranteed by Constitution
- Embodied in the International Covenants and Enforceable by courts
- Objectives
- Strengthen the Institutional arrangements through which human rights issues could be address in their entirely in more focussed manner
- To look into allegations of excesses, independently of the government, in manner that would underline the Government’s commitment to protect human rights
- To compliment and strengthen the efforts that have already been made in this directions
- Composition
- Chairman : Retired CJI
- 4 members
- Serving or Retired judges of SC
- Serving or Retired CJ of HC
- 2 with Special knowledge or Practical Experience with Human Rights
- 4 ex officio members
- Chairmans of National Commission for SC, ST, Women, Minorities
- Term
- Chairman and other members hold the office for 5 years or until they attain age of 70 years
- Chairman and other members are not eligible for further employment under Central or State Government
- Appointment
- By President on recommendation of PM, Central Home Minister, Speaker of LS, Deputy Chairman of RS, Leader of Opposition of both Houses
- Salaries and Allowances decided by Central Government
- Removal
- President can remove the Chairman or any other member as follow
- If he is adjudged an insolvent
- If he engages in any paid employment outside the duties of office
- If he is unfit to continue in opinion of President
- Misbehaviour (Interested or Participation in Government Contract)
- Case referred to SC
- Till then President can suspend
- Functions
- Proactively or Reactively inquire into violations of Human Rights
- By leave of court, to intervene in court relating to Human Rights
- Make recommendations
- Review the safeguards provided by Constitution or any law
- Review the factors, including acts of terrorism and recommend appropriate measures
- To study treaties on Human rights and make recommendations
- Undertake and promote research in field of Human Rights
- Engage Human Rights awareness in society
- Encourage the efforts of NGOs in this field
- Such other functions for protection of Human Rights
- Requisitioning any public record from any court or office
- Working
- HQ at Delhi
- It has all the power of civil courts and its proceedings have judicial character
- May call for information or report from Central and State Government
- Has its own nucleus of investigating staff
- Empowered to utilise the service of any officer of Government
- Effective cooperation of NGO
- Not empowered to inquire after 1 year of Act
- Power
- May recommend compensations to victim
- May recommend initiation of proceedings for prosecution
- May recommend for grants for relief of victim
- Approach SC or HC for necessary direction
- Role
- Recommendatory in Nature
- No power to punish
- Not to award any relief including Monetary relief
- Not binding on Government
- But should be informed within one month
- It have great material authority so recommendations can’t wash away easily
- Limited role with respect to armed forces
- May seek the report from Central Government
- Inform within 3 months
- Annual report to Central and State Government
- Performance
- Abolition of bounded labours
- Issues concerning Right to food
- Abolition of Child labour
- Harassment of women passenger in train