Introduction

The National Human Rights Commission (NHRC) is an independent statutory body established under the Protection of Human Rights Act, 1993 with the objective of protecting and promoting human rights in India. It represents India’s institutional commitment to the ideals of dignity, liberty, equality, and justice as enshrined in the Constitution and reflected in international human rights instruments. The NHRC acts as a watchdog over public authorities and plays a vital role in addressing violations of human rights, particularly by state actors.

The nature, scope, and functions of the NHRC can be understood by examining its composition, autonomy, jurisdiction, powers, procedures, and multifaceted role in inquiry, law reform, education, and awareness.

Nature of the National Human Rights Commission

Statutory and Independent Character

The NHRC is a statutory body, created by an Act of Parliament, namely the Protection of Human Rights Act, 1993. Though not a constitutional body, it enjoys a high degree of independence. Its autonomy is ensured through:

• A high-level and plural appointment process
• Fixed tenure of members
• Security of service conditions
• Independent procedure and functioning
• Financial autonomy through parliamentary grants

Members of the Commission are deemed public servants under Section 21 of the Indian Penal Code, ensuring accountability and legal protection during the discharge of duties.

Composition and Expertise

The NHRC consists of:

• A Chairperson, who has been the Chief Justice of India
• One former or sitting Judge of the Supreme Court
• One former or sitting Chief Justice of a High Court
• Two members with knowledge or practical experience in human rights

Additionally, the Chairpersons of the National Commissions for Minorities, Scheduled Castes, Scheduled Tribes, and Women act as deemed members for specific functions under Section 12 of the Act. This unique composition ensures judicial expertise, administrative experience, and social representation.

Security of Tenure and Removal

Members hold office for five years or until the age of seventy, whichever is earlier. Removal of the Chairperson or Members can be done only by the President on grounds of proved misbehaviour or incapacity, after an inquiry by the Supreme Court. This process safeguards independence and prevents arbitrary removal.

Scope of the National Human Rights Commission

Jurisdiction and Coverage

The NHRC has wide jurisdiction over:

• Violations of human rights by public servants
• Negligence by public authorities in preventing such violations
• Custodial deaths, custodial torture, disappearances
• Atrocities against vulnerable groups such as women, children, SCs, STs, minorities, and the disabled

The Commission can act:

• Suo motu
• On petitions by victims or others on their behalf
• On directions from constitutional courts

However, the scope is subject to certain limitations:

• Complaints older than one year are not entertained
• Matters that are sub-judice are excluded
• Vague, anonymous, or frivolous complaints are rejected
• Armed forces cases follow a special procedure under Section 19

National and International Dimensions

The NHRC also examines:

• Constitutional and statutory safeguards for human rights
• International treaties and conventions ratified by India
• Impact of terrorism and public safety laws on human rights

India’s obligations under international instruments such as the ICCPR, ICESCR, CEDAW, and the Convention on the Rights of the Child fall within the Commission’s review and advisory scope.

Functions of the National Human Rights Commission

The functions of the NHRC are enumerated under Section 12 of the Protection of Human Rights Act, 1993.

1. Inquiry into Human Rights Violations

The NHRC may inquire, suo motu or on complaint, into:

• Violation or abetment of human rights
• Negligence by public servants in preventing violations

It has handled serious cases relating to custodial deaths, disappearances, police excesses, jail conditions, bonded labour, child labour, and gender violence. The Commission functions as a specialised fact-finding body, exercising powers similar to a civil court.

2. Powers of a Civil Court

While conducting inquiries, the NHRC enjoys powers equivalent to a civil court, including:

• Summoning witnesses and examining them on oath
• Discovery and production of documents
• Requisitioning public records
• Issuing commissions for examination of witnesses

Proceedings before the Commission are deemed judicial proceedings, reinforcing the seriousness and legal weight of its inquiries.

3. Intervention in Court Proceedings

With the permission of the concerned court, the NHRC may intervene in cases involving allegations of human rights violations pending before courts. This allows the Commission to assist judicial processes with its expertise.

4. Inspection of Jails and Detention Centres

The Commission may visit:

• Jails
• Juvenile homes
• Mental health institutions
• Protective homes

Such visits aim to study living conditions of inmates and recommend reforms. These inspections have significantly contributed to prison reforms and protection of detainees’ rights.

5. Review of Laws and Safeguards

The NHRC reviews:

• Constitutional provisions
• Existing laws affecting human rights
• Special security legislations such as TADA, AFSPA, and Public Safety Acts

It makes recommendations to ensure that laws conform to constitutional values and international human rights standards.

6. Research and Policy Recommendations

The Commission undertakes and promotes research in:

• Child labour
• Bonded labour
• Rights of women and children
• Police and prison reforms

It collaborates with academic institutions and expert bodies to strengthen evidence-based policymaking.

7. Human Rights Education and Awareness

One of the most significant functions of the NHRC is spreading human rights literacy. It:

• Works with NCERT, SCERT, CBSE, UGC, BCI
• Promotes inclusion of human rights in school and university curricula
• Supports teacher training modules
• Encourages observance of Human Rights Day (10 December)

The Commission has also promoted specialised courses and established the National Institute of Human Rights for excellence in education and research.

8. Encouragement of NGOs

The NHRC actively encourages and collaborates with non-governmental organisations. NGOs assist the Commission by:

• Identifying violations at the grassroots
• Assisting in investigations
• Conducting awareness programmes

The Commission maintains a National Register of NGOs and involves them in inquiries and policy discussions.

9. Recommendations and Follow-Up Action

After completing an inquiry, the NHRC may:

• Recommend prosecution or disciplinary action
• Suggest interim compensation to victims
• Approach the Supreme Court or High Courts
• Publish reports with government responses

Although its recommendations are not legally binding, they carry significant moral and political authority, and compliance is monitored through published action-taken reports.

10. Annual and Special Reports

The NHRC submits:

• Annual Reports
• Special Reports on urgent matters

These reports are laid before Parliament along with memoranda explaining action taken or reasons for non-acceptance, thereby strengthening parliamentary oversight and transparency.

Conclusion

The National Human Rights Commission is a unique institutional mechanism for the protection and promotion of human rights in India. Its nature as an independent, expert, and quasi-judicial body enables it to act as a bridge between the Constitution, the executive, the judiciary, and civil society. Its wide scope and multifarious functions—ranging from inquiry and law reform to education and international engagement—make it central to India’s human rights framework.

While limitations exist, particularly regarding enforcement powers and armed forces cases, the NHRC remains a crucial guardian of human dignity and the rule of law in a democratic society.