Inquiry process of National Human Rights Commission (NHRC) in India

The National Human Rights Commission (NHRC) of India which was established in 1993 under the provisions of Protection of Human Rights Act (PHR Act).

The National Human Rights Commission plays a pivotal role in upholding human rights across the country. As an independent body, the NHRC is dedicated to ensuring that citizen’s fundamental rights are protected and any grievances related to human rights violations are addressed effectively.

The NHRC has significantly intervened in human rights violations by addressing issues such as police misconduct, custodial deaths, rights of minorities and others.

Objective of the NHRC

The NHRC’s primary objective is to safeguard the human rights of citizen, including the right to life, liberty, equality, and dignity as enshrined in the Indian Constitution and international human rights conventions.

Limitations of NHRC

• The NHRC’s recommendations are not binding on the parties involved.
• The NHRC does not have the authority to penalize those found in violation of human rights.

Power and Functions of the NHRC

Investigative Authority: The NHRC has the power to investigate allegations of human rights violations. It can act on complaints submitted by individuals or groups, and it also has the authority to initiate investigations on its own (suo-motu).

Judicial Interventions: The Commission can intervene in judicial proceedings if the case involves human rights concerns, ensuring that human rights are a key consideration in the judicial process.

According to the provisions under the PNR Act, the NHRC holds several significant powers:

Witness Summoning: The NHRC can summon individuals to appear before it to provide evidence or testimony related to an investigation.

Ask for Document: It can request any documents necessary for its investigations, ensuring access to crucial information.

Government Collaboration: The Commission can utilize the services of officers and investigation agencies from the Central and State Governments to assist in its inquiries.

Inquiry Procedures

The NHRC can request reports or public documents from the State Government or Central Government or any other relevant authority. If the Commission does not receive the report from the authority then the Commission has the autonomy to conduct its own investigation. This capability ensures that the NHRC can independently investigate human rights issues without relying on potentially uncooperative authorities.

Post-Inquiry Recommendations

After investigating, if the NHRC finds evidence of human rights violations, it may recommend a number of actions to the concerned authorities including penalties or legal proceedings. These recommendations may include:

• Providing compensation to victims.
• Initiating legal proceedings against the perpetrators.
• Recommend measures to prevent future violations¹.

Commission Body

The NHRC is headed by its Chairperson, who is a retired Chief Justice of India. The body includes the following members:

• One member who is either a retired or sitting judge of the Supreme Court.
• One member who is either a retired or sitting Chief Justice of a High Court.
• Three members with expertise in human rights, of whom at least one must be a woman.
• The Chairpersons of the National Commission for Women, the National Commission for Minorities, the National Commission for Scheduled Castes, the National Commission for Scheduled Tribes, and the National Commission for Protection of Child Rights.

The NHRC by conducting thorough investigations, intervening in judicial processes, and raising public awareness, the NHRC strives to ensure justice and uphold the dignity of every individual. Despite the challenges it faces, the Commission continues to play a vital role in advancing human rights in the country.