Human rights commission

What are Human Rights? According to the UNHRC, human rights are universal and inalienable, indivisible, and interdependent rights given to every human regardless of their sex, ethnicity, nationality, language, race, or any other status. It evolved from the need to establish equality among our society, ensure a decent lifestyle, and prevent discrimination or oppression of any kind from one human to another.

To implement this concept of Human rights, the first international workshop was held in Paris in October 1991 and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of 20 December 1993.

Which led to establishing India’s National Human Rights Commission on 12 October 1993 under The Protection of Human Rights Act, 1993.

National Human Rights Commission of India (NHRC)

The National Human Rights Commission of India (NHRC) was formed on 12 October 1993, with conformity with the Paris Principles, adopted at the first International workshop on national institutions for the promotion and protection of human rights held in Paris in October year 1991, and as endorsed by the General Assembly of the United Nations in Resolution 48/134 of 20 December 1993. 

NHRC was formed to protect, provide, and raise awareness for human rights in India. It was an independent body founded by the central government of India and consisted of A team of highly qualified individuals on human rights.

Composition of Human Rights Commission 

NHRC is composed of the Chairperson and five other members (ex-officio members are excluded)

• Chairperson: Retired Chief Justice of India or Retired Supreme Court Judge. Currently, Arun Kumar Mishra, Retired Judge of Supreme Court of India

• The first member: Retired judge of Supreme Court of India or retired Chief Justice of a High Court

• Three other members: Three highly qualified individuals in the field of human rights, out of which at least one should be a woman.

In addition to these five members, the ex-officio members of NHRC are the Chairpersons of other National Commissions in India.

Appointment of members 

The Chairpersons and members of NHRC are appointed by the President from a list of nominated individuals. The nomination is done by a committee that consists of The Prime Minister, Home Minister, Leader of Opposition in Lok Sabha and Rajya Sabha, The Speaker of Lok Sabha, and The Deputy Chairman of the Rajya Sabha.

Removal of a member

Section 5 of the Protection of Human Rights Act, 1993 gives the President the authority to remove the Chairperson or any other member if 

• Adjudged insolvent

• Declared of unsound mind by a competent court

• Convicted and imprisoned for an offence considered immoral by the President of India

• Engages in any paid employment during his term in the office

• Is physically or mentally unfit to continue his tenure in the office

Additionally, with the advice of the Supreme Court of India, the President can remove any member of the committee on the grounds of misconduct or inability to perform his duties.

State Human Rights Commission

The State Governments also have the Human Rights Commission established under The Protection of Human Rights Act, 1993 point no. 10 that functions instated in chapter V of The Protection of Human Rights Act, 1993 (with amendment act 2006). All the SHRC are mentioned below, followed by their date of establishment :

• Assam human rights commission, Guwahati, 19 January 1996

• Andhra Pradesh State human rights commission, Kurnool, 2 August 2006

• Bihar human rights commission, Patna, 3 January 2000

• Chhattisgarh human rights commission, Raipur, 16 April 2001 Vihar human rights commission, Patna, 3 January 2000

• Chhattisgarh human rights commission, Raipur 16 April 2001

• Gujarat State human rights commission, Gandhinagar, 12 September 2006

• Goa human rights commission, Panaji, 2011

• Meghalaya State human rights commission, Shillong, 2013

• Himachal Pradesh State human rights commission, Shimla

• Jammu and Kashmir human rights commission, Srinagar, January 1997

• Kerala State human rights commission, Thiruvananthapuram, 11 December 1998

• Karnataka State human rights commission Bangalore, 20 June 2005

• Madhya Pradesh human rights commission, Bhopal, 1 September 1995

• Maharashtra State human rights commission, Mumbai, 6 March 2001

• Manipur State human rights commission, Imphal, 2003

• Odisha human rights commission, Bhubaneswar, 27 January 2000

• Punjab State human rights commission, Chandigarh, 17 March 1997

• Rajasthan State human rights commission, Jaipur, 18 January 1999

• State human rights commission Tamil Nadu, Chennai, 17 April 1997

• Uttar Pradesh human rights commission, Lucknow, 7 October 2002

• West Bengal human rights commission, Kolkata, 8 January 1994

• Jharkhand State human rights commission, Ranchi, 2010

• Sikkim State human rights commission, Gangtok, 18 October 2008

• Uttarakhand human rights commission, Dehradun, 13 May 2013

• Haryana human rights commission, Chandigarh, 2012

• Tripura human rights commission, Agartala, 2015

• Telangana human rights commission, Hyderabad, 2019

Functions 

The following functions are mandated by The Protection of Human Rights Act for NHRC:

• Safeguarding Human Rights and give recommendations for improving the implementation 

• Initiate and promote research on Human rights 

• Review the factors that hinder the enjoyment of Human Rights and recommend appropriate measures.

• Visit jails and ensure that inmates are treated in a humane way

• Raise awareness and promote Human Rights Education through different forms of media

• Encourage and support the efforts of NGOs and institutions that work in the field of Human Rights.

• Make changes in the implementation of Human rights per international treaties and other instruments.

Powers of National Human Rights Commission of India 

For complaints of violation of Human Rights that fall under the umbrella of the Protection of Human Rights Act, 1993, the commission has the power of a civil court trying under the Code of Civil Procedure, 1908, notably:

• Summoning witnesses and their examination under oath

• Discovery and production of documents

• Issuing commissions for the assessment of documents and witnesses

• Demanding public records or copies of such records from any court or office

• Receiving evidence on affidavits.

Conclusion

Custodial torture, sexual violence, discrimination based on caste, excessive powers of armed forces and police, child labour are significant issues of violation of human rights in India. These issues can be resolved, and the human rights of every individual can be ensured through awareness about individual rights.