Examine the objective and role of the National Human Rights Commission. (UPSC CSE Mains 2016 - Political Science and International Relations, Paper 1)
NHRC of India is an independent statutory body established on 12 October, 1993 as per provisions of Protection of Human Rights Act, 1993, later amended in 2006. It is the watchdog of human rights in the country, i.e. the rights related to life, liberty, equality and dignity of the individual guaranteed by Indian Constitution or embodied in the international covenants and enforceable by courts in India. It was established in conformity with the Paris Principles, adopted for the promotion and protection of human rights in Paris (October, 1991) and endorsed by the General Assembly of the United Nations on 20 December, 1993.
Role and Functions of NHRC
- It has all the powers of a civil courtand its proceedings have a judicial character.
- 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 proceedingsinvolving any allegation of violation of human rights.
- It is empowered to utilise the services of any officer or investigation agencyof the Central government or any state government for the purpose of investigating complaints of human rights violation.
- It can look into a matter within one year of its occurrence, i.e the Commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.
- The functions of the commission are mainly recommendatory in nature.
- It has no power to punishthe violators of human rights, nor to award any relief including monetary relief to the victim.
- It has limited role, powers and jurisdictionwith respect to the violation of human rights by the members of the armed forces.
It is not empowered to act when human rights violations through private parties take place.
- It can visit any jail or any other institutionunder the control of the State Government to see the living conditions of the inmates and to make recommendations thereon.
- It canreview 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 researchin the field of human rights.
- NHRC works to spread human rights literacyamong various sections of society and promotes awareness of the safeguards available for the protection of these rights through publications, media, seminars and other means.
- Annual reports of the Commission:
- The Commission shall submit an annual report to the Central Government and to the State Government concerned.
- The Central Government and the State Government, as the case may be, shall cause the annual reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, alongwith a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any.
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