What is NHRC Mandate and Powers?
Historical Background
Key Points
12 points- 1.
The NHRC is composed of a chairperson, who must be a retired Chief Justice of India, and other members. These members include judges, experts in human rights, and representatives from other commissions.
- 2.
The NHRC can investigate complaints of human rights violations either on its own or after receiving a petition. It can summon witnesses, examine documents, and visit jails or other places of detention.
- 3.
The NHRC has the power to recommend to the government to take action against those found guilty of human rights violations. It can also recommend compensation to the victims.
- 4.
The NHRC submits an annual report to the government, which is then tabled in Parliament. This report details the NHRC's activities, findings, and recommendations.
- 5.
The NHRC can intervene in any court proceeding involving allegations of human rights violations with the permission of the court.
- 6.
The NHRC has the power to promote human rights literacy and awareness through publications, seminars, and other educational activities.
- 7.
The NHRC does not have the power to directly punish those found guilty of human rights violations. It can only recommend action to the government or the courts.
- 8.
The NHRC's jurisdiction extends to all of India, but it cannot investigate matters that are already being investigated by a State Human Rights Commission.
- 9.
The NHRC can also inquire into complaints regarding atrocities against Scheduled Castes and Scheduled Tribes, but only if the complaint is about a violation of human rights.
- 10.
The NHRC's recommendations are not binding on the government, but the government is expected to take them seriously and provide a response.
- 11.
The NHRC plays a crucial role in monitoring the implementation of international human rights treaties and conventions in India.
- 12.
The NHRC can also undertake and promote research in the field of human rights.
Visual Insights
NHRC vs. State Human Rights Commissions (SHRCs)
Comparison of the mandates, powers, and jurisdictions of the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs).
| Feature | NHRC | SHRC |
|---|---|---|
| Establishment | Established by the Protection of Human Rights Act, 1993 | Established by State Governments under the Protection of Human Rights Act, 1993 |
| Jurisdiction | All of India, except matters being investigated by SHRC | Respective State |
| Composition | Chairperson (retired CJI) + Members | Chairperson (retired HC CJ) + Members |
| Powers | Investigates complaints, recommends action, promotes awareness | Investigates complaints, recommends action, promotes awareness within the State |
| Recommendations | Recommendations are not binding but the government is expected to respond | Recommendations are not binding but the State government is expected to respond |
Recent Developments
8 developmentsIn 2019, the Protection of Human Rights Act was amended to include representatives from National Commissions for Backward Classes, Child Rights, and Persons with Disabilities as ex-officio members of the NHRC.
There are ongoing discussions about granting the NHRC more powers, including the power to directly prosecute human rights violators.
The government has launched several initiatives to promote human rights awareness, such as campaigns and educational programs.
The Supreme Court has often relied on the NHRC's reports and recommendations in cases involving human rights violations.
The NHRC is increasingly focusing on issues such as environmental rights and the rights of marginalized communities.
Increased focus on human rights violations during the COVID-19 pandemic, especially concerning migrant workers and access to healthcare.
Growing emphasis on the NHRC's role in promoting business and human rights, encouraging companies to respect human rights in their operations.
The NHRC is working to strengthen its collaboration with State Human Rights Commissions to improve human rights protection at the grassroots level.
This Concept in News
1 topicsFrequently Asked Questions
121. What is the NHRC and what is its primary mandate?
The National Human Rights Commission (NHRC) is a statutory body established in India on October 12, 1993, under the Protection of Human Rights Act, 1993. Its main mandate is to protect and promote human rights as guaranteed by the Constitution of India and international agreements.
Exam Tip
Remember the establishment date and the governing act for Prelims.
2. What are the key provisions related to the composition of the NHRC?
As per the concept data, the NHRC is composed of a chairperson, who must be a retired Chief Justice of India, and other members. These members include judges, experts in human rights, and representatives from other commissions.
Exam Tip
Note the qualification of the chairperson for both Prelims and Mains.
3. What powers does the NHRC have to investigate human rights violations?
The NHRC can investigate complaints of human rights violations either on its own or after receiving a petition. It can summon witnesses, examine documents, and visit jails or other places of detention.
Exam Tip
Remember the investigative powers of the NHRC for Mains answer writing.
4. How does the NHRC contribute to the protection of human rights in practice?
The NHRC contributes by investigating complaints, recommending action to the government, suggesting compensation to victims, submitting annual reports to Parliament, and intervening in court proceedings related to human rights violations.
Exam Tip
Consider this for essay writing on human rights.
5. What are the limitations of the NHRC?
Based on the concept, the limitations are not explicitly mentioned. However, one can infer that the NHRC's power is limited to making recommendations, and it cannot directly enforce actions against violators.
Exam Tip
Focus on the recommendatory nature of its powers.
6. What is the significance of the NHRC in Indian democracy?
The NHRC plays a crucial role in promoting and protecting human rights, ensuring accountability of government officials, and strengthening the rule of law, thereby contributing to the overall health of Indian democracy.
Exam Tip
Link the NHRC's role to broader democratic principles.
7. What are common misconceptions about the NHRC's powers?
A common misconception is that the NHRC has the power to directly prosecute human rights violators. In reality, the NHRC can only recommend action to the government.
Exam Tip
Clarify the difference between recommendation and direct action.
8. What are the challenges in the implementation of the NHRC's recommendations?
The challenges include the government's discretion in accepting or rejecting the NHRC's recommendations, delays in implementation, and lack of adequate resources for the NHRC to effectively monitor compliance.
Exam Tip
Relate these challenges to broader governance issues.
9. What reforms have been suggested to strengthen the NHRC?
Suggested reforms include granting the NHRC more powers, including the power to directly prosecute human rights violators, and providing it with more resources and autonomy.
Exam Tip
Consider the pros and cons of granting more powers to the NHRC.
10. How has the NHRC evolved over time?
The NHRC was established in 1993. In 2019, the Protection of Human Rights Act was amended to include representatives from other commissions as ex-officio members. There are ongoing discussions about granting the NHRC more powers.
Exam Tip
Focus on the amendments and proposed changes.
11. What is the legal framework governing the NHRC?
The Protection of Human Rights Act, 1993, is the primary law governing the NHRC. The Constitution of India, particularly Part III (Fundamental Rights), provides the basis for human rights protection. International covenants like the International Covenant on Civil and Political Rights (ICCPR) also play a role.
Exam Tip
Remember the Act and the relevant part of the Constitution.
12. How does India's NHRC compare with similar institutions in other countries?
The concept data does not provide a comparison. However, it is generally understood that some NHRCs in other countries have more powers, including prosecutorial powers, than the NHRC in India.
Exam Tip
Focus on the relative powers and autonomy.
Source Topic
NHRC Issues Notice Over Coal Mine Blast Deaths in Meghalaya
Social IssuesUPSC Relevance
The NHRC is an important topic for the UPSC exam, especially for GS-2 (Governance, Constitution, Polity, Social Justice and International relations). Questions about the NHRC's mandate, powers, and functions are frequently asked in both Prelims and Mains. In Prelims, expect factual questions about its composition and establishment.
In Mains, questions often focus on its role in protecting human rights, its effectiveness, and challenges it faces. It is also relevant for Essay papers, particularly those related to social justice and governance. Recent years have seen questions directly asking about the NHRC's relevance and impact.
When answering, focus on providing a balanced view, highlighting both its achievements and limitations. Knowing recent amendments and developments is crucial.