The Multifaceted Functions of the NHRC in Upholding Human Rights

The National Human Rights Commission stands as India’s principal guardian of fundamental rights, wielding a diverse array of functions designed to protect and promote human dignity. Established under the Protection of Human Rights Act, 1993, the NHRC operates as more than just a complaints redressal body. It functions as an investigator, educator, researcher, and advocate all rolled into one. Understanding these functions reveals how this statutory body works to ensure that constitutional guarantees translate into lived realities for every Indian citizen.

Investigating violations and addressing grievances 🔗

At the heart of NHRC’s mandate lies its power to inquire into human rights violations. The Commission can investigate complaints either on its own initiative or based on petitions from victims or their representatives. This dual approach ensures that violations don’t go unnoticed even when victims lack the means to approach the Commission.

The NHRC receives over 5,000 complaints monthly, covering issues from custodial deaths and police excesses to violations against marginalized communities. When conducting inquiries, the Commission possesses all the powers of a civil court under the Code of Civil Procedure, 1908. This includes the authority to summon witnesses, demand document production, receive evidence through affidavits, and requisition public records from courts or government offices.

What makes the NHRC’s investigative function particularly effective is its dedicated Investigation Division, headed by a Director General of Police. The Division conducts spot inquiries in cases ranging from illegal detention and extrajudicial killings to hospital negligence leading to preventable deaths. According to guidelines issued by the Commission, state authorities must inform the NHRC within 24 hours of any death occurring in police or judicial custody, enabling swift action.

Reviewing constitutional and legal safeguards 🔗

Beyond addressing individual complaints, the NHRC plays a crucial role in examining the broader legal framework protecting human rights. The Commission reviews safeguards provided by the Constitution and existing laws, then recommends measures for their effective implementation. This preventive function helps identify gaps in protection before violations occur.

The NHRC also reviews factors that inhibit the enjoyment of human rights, including acts of terrorism. By analyzing these impediments, the Commission recommends appropriate remedial measures to the government. This function extends to examining international human rights treaties and conventions, studying their provisions, and suggesting steps for effective implementation in the Indian context.

Intervening in judicial proceedings 🔗

The Commission holds the unique authority to intervene in court proceedings involving human rights allegations, subject to court approval. This function allows the NHRC to bring its expertise and perspective to cases already in the judicial system, ensuring that human rights considerations receive adequate attention during legal proceedings.

Prison visits and institutional monitoring 🔗

The NHRC exercises statutory power to visit jails, juvenile homes, mental hospitals, and other detention facilities to study living conditions of inmates. These inspections occur without prior approval from other authorities, though the Commission provides intimation to state governments. Following such visits, the NHRC makes recommendations to improve conditions and protect inmate rights.

Regular institutional monitoring helps prevent human rights violations in closed settings where abuses often remain hidden from public scrutiny. The Commission’s recommendations have led to improvements in prison infrastructure, healthcare facilities, and treatment of detainees across various institutions.

Undertaking and promoting human rights research 🔗

Research forms a vital component of the NHRC’s work. Under Section 12(g) of the Protection of Human Rights Act, the Commission is mandated to undertake and promote research in human rights. This function involves conducting studies on various human rights issues, often in collaboration with reputed academic institutions and non-governmental organizations.

The research function enables the Commission to develop evidence-based recommendations and understand emerging challenges in the human rights landscape. These studies cover diverse topics from custodial violence and bonded labor to the rights of specific vulnerable groups. The findings inform both the Commission’s own work and broader policy discussions.

Spreading human rights literacy and awareness 🔗

Education and awareness constitute critical functions through which the NHRC builds a culture of rights consciousness. The Commission spreads human rights literacy through multiple channels including publications, media engagement, seminars, conferences, and training programs. The NHRC has worked closely with educational bodies like NCERT and NCTE to integrate human rights education into school curricula.

The Commission conducts specialized training for various groups including armed forces personnel, police officers, public officials, and civil society organizations. These capacity-building initiatives aim to prevent violations by sensitizing those in positions of authority about human rights principles and their responsibilities.

Camp sittings and open hearings serve dual purposes of addressing grievances directly and raising public awareness about human rights. The NHRC also organizes its online complaint system in 22 languages recognized under the Eighth Schedule of the Constitution, making the Commission accessible to diverse linguistic communities.

Collaborating with NGOs and civil society 🔗

The Protection of Human Rights Act specifically mandates the NHRC to encourage efforts of non-governmental organizations working in human rights. Recognizing that civil society organizations often work at the grassroots level where violations occur, the Commission has established formal mechanisms for collaboration.

The NHRC set up an NGO Liaison and Service Programme under its Projects and Programmes Division to comprehensively promote partnerships with civil society. A Special Rapporteur works to prepare state-wise lists of NGOs engaged in civil liberties and economic, social, and cultural rights. This collaboration enables the Commission to receive first-hand information about violations and leverage the expertise of organizations working directly with affected communities.

Core groups for specialized issues 🔗

The Commission has established multiple core groups bringing together experts, activists, and stakeholders to focus on specific human rights concerns. These include core groups on older persons, environment and climate change, human rights defenders, bonded labor, disabilities, health, women’s rights, and criminal justice reforms, among others. These specialized groups provide expert guidance and help the NHRC address complex issues effectively.

Making recommendations and monitoring implementation 🔗

Following inquiries, the NHRC can recommend various remedial actions to concerned governments or authorities. These recommendations may include payment of compensation to victims, initiation of legal proceedings against guilty public servants, or provision of immediate interim relief. The Commission can also approach the Supreme Court or High Courts for necessary directions and orders.

While NHRC recommendations are not legally binding, government authorities must respond within specified timeframes. For general complaints, responses are expected within one month, while complaints involving armed forces require responses within three months. The Commission publishes its findings and recommendations along with action taken by authorities, ensuring transparency and public accountability.

Annual reporting and documentation 🔗

The NHRC submits annual reports to the President of India, which are then laid before both Houses of Parliament along with government responses to recommendations. This reporting function creates a permanent record of human rights situations, violations addressed, and systemic issues requiring attention. The Commission also publishes journals, newsletters, and special reports to document its work and findings.

Addressing human rights violations by armed forces 🔗

For complaints involving armed forces, the NHRC follows a special procedure. The Commission may seek reports from the Central Government regarding alleged violations. After reviewing these reports, the NHRC can make recommendations, and the government must inform the Commission of actions taken within three months. The Commission publishes its findings along with government responses, ensuring accountability even in cases involving security forces.

Dealing with special categories of violations 🔗

The NHRC has focused particular attention on several categories of violations affecting vulnerable populations. These include custodial deaths and torture, bonded and child labor, atrocities against Scheduled Castes and Scheduled Tribes, communal violence, women’s rights including dowry deaths and sexual harassment, and rights of minorities. The Commission also addresses displacement caused by development projects, food security issues, maternal and child health, and rights of persons with disabilities.

By maintaining this multifaceted approach, the NHRC works simultaneously at individual, institutional, and systemic levels to protect and promote human rights across India.

What do you think? How can the NHRC’s research and education functions be strengthened to build greater human rights awareness among youth? In what ways might closer collaboration between the NHRC and state-level human rights commissions improve protection of rights at the grassroots level?

References

1. https://en.wikipedia.org/wiki/National_Human_Rights_Commission_of_India
2. https://nhrc.nic.in/faq
3. https://vajiramandravi.com/upsc-exam/national-human-rights-commission-nhrc/
4. https://www.sanskritiias.com/current-affairs/role-powers-of-the-national-human-rights-commission-how-nhrc-acts-during-rights-violations
5. https://www.freelaw.in/legalarticles/Role-of-the-National-Human-Rights-Commission-NHRC-in-Protecting-Human-Rights-in-India-
6. https://nhrc.nic.in/press-release/nhrcs-national-conference-human-rights-education-school-level
7. https://nhrc.nic.in/press-release/nhrc-start-ngo-liaison-and-service-programme
8. https://byjus.com/free-ias-prep/national-human-rights-commission/