2.9.1. National Human Rights Commission

The National Human Rights Commission (NHRC) was established in 1993 to protect and promote human rights in India.

The NHRC was set up as a response to the need for a dedicated body that could address human rights violations and ensure that the rights enshrined in the Constitution are respected. It acts independently of the government, and its role is to monitor and protect human rights across the country.

Think of the NHRC as a referee in a sports game. Just as a referee ensures that all players follow the rules and that no one is unfairly treated, the NHRC works to ensure that individuals' rights are upheld and that any violations are addressed.

The Commission is composed of a former chief justice of the Supreme Court of India, a former judge of the Supreme Court, a former chief justice of a High Court, and two other members knowledgeable in human rights.

The composition of the NHRC is designed to include experienced individuals who understand the legal system and human rights issues. This diverse expertise allows the Commission to address matters effectively while ensuring fair treatment for all.

Imagine a team of experts working together on a project. Each member brings unique skills—like a doctor, an engineer, and an economist on a health initiative. Similarly, the NHRC's members contribute their specialized knowledge to ensure comprehensive handling of human rights concerns.

The Commission's functions include inquiring into human rights violations, visiting jails, and promoting research.

The NHRC can conduct inquiries into complaints of human rights violations either on its own or based on petitions from victims. It also undertakes visits to prisons to evaluate conditions and works on research initiatives to understand and address various human rights issues better.

Think of the NHRC as a detective. Just like a detective investigates a crime scene, gathers evidence, and looks into the lives of people affected, the NHRC investigates incidents of human rights violations to bring about justice and promote the rights of people.

The NHRC receives thousands of complaints annually concerning custodial deaths, custodial rapes, police excesses, and more.

The range of complaints indicates the seriousness of human rights abuses that can occur, particularly by state machinery like police forces. Addressing these complaints is crucial for restoring faith in the system and ensuring justice for the affected individuals.

Consider a community where everyone knows about a pot of sweet water that gets stolen by someone. The more people are aware, the quicker they can act to secure it. Similarly, when people report violations to the NHRC, it helps in taking preventive measures and creating awareness about human rights.

The NHRC does not have prosecution powers but can make recommendations to the government or the courts.

While the NHRC plays a critical role in addressing human rights issues, it lacks the authority to directly prosecute violators. Instead, it can only suggest actions to be taken. This means that while it highlights violations, actual enforcement requires cooperation from the government or judicial system.

Imagine a teacher who observes students cheating during an exam but has no authority to discipline them directly. The teacher can report to the principal, who can then take action. This parallels the NHRC's situation, where it identifies issues but relies on other authorities for enforcement.

The NHRC has made significant interventions, including investigations into the Punjab disappearances and Gujarat riots.

The NHRC’s interventions in specific cases demonstrate its active role in addressing severe human rights abuses and ensuring accountability. By investigating these cases, the NHRC helps to uncover the truth and supports justice for victims.

Picture a whistleblower in a company who reveals unethical practices. Their actions can lead to investigations that bring about change. The NHRC functions similarly, exposing abuses and helping to rectify systemic problems by holding those in power accountable.

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