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Question – Explain the structure and functions of National Human Rights Commission and also comment on the challenges faced it.
- January 16, 2023
- Posted by: Pallavi Singh
- Category: Blog
![nhrc](https://aakarias.co.in/wp-content/uploads/2023/01/nhrc.jpg)
Answer –
National Human Rights Commission is an independent statutory body established under Protection of Human Rights Act, 1993.
It is the watchdog of human rights in the country, i.e. the rights related to life, liberty, equality and dignity of the individual guaranteed by Indian Constitution or embodied in the international covenants and enforceable by courts in India.
It is a multi-member body consisting of a chairperson, five full-time Members and seven deemed Members.
A person who has been the Chief Justice of India or a judge of the Supreme Court can become a chairman.
The chairman and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.
They can be removed only on the charges of proved misbehavior or incapacity, if proved by an inquiry conducted by a Supreme Court Judge.
ROLE & FUNCTIONS –
1)NHRC has all the powers of a civil court and its proceedings have a judicial character.
2)NHRC investigates grievances regarding the violation of human rights either suo moto or after receiving a petition.
3)It has the power to interfere in any judicial proceedings involving any allegation of violation of human rights.
4)It is empowered to utilise the services of any officer or investigation agency of the Central government or any state government for the purpose of investigating complaints of human rights violation.
5)It can look into a matter within one year of its occurrence, i.e the Commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.
6)It can visit any jail or any other institution under the control of the State Government to see the living conditions of the inmates and to make recommendations thereon.
7)It can review the safeguards provided under the constitution or any law for the protection of the human rights and can recommend appropriate remedial measures.
8)NHRC undertakes and promotes research in the field of human rights.
9)NHRC works to spread human rights literacy among various sections of society and promotes awareness of the safeguards available for the protection of these rights through publications, media, seminars and other means.
10)The Commission shall submit an annual report to the Central Government and to the State Government concerned.
LIMITATIONS –
1)The functions of the commission are mainly recommendatory in nature.
2)NHRC does not have any mechanism of investigation. In majority cases, it asks the concerned Central and State Governments to investigate the cases of the violation of Human Rights
3)It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim.
4)It has limited role, powers and jurisdiction with respect to the violation of human rights by the members of the armed forces.
5)A large number of grievances go unaddressed because NHRC cannot investigate the complaint registered after one year of incident.
6)Government often out rightly rejects recommendation of NHRC or there is partial compliance to these recommendations.
WAY FORWARD –
The efficacy of NHRC can be enhanced by government if commission decisions are made enforceable. There is need to change in composition of commission by including members from civil society and activists. NHRC needs to develop an independent cadre of staff with appropriate experience. There is need for complete revamping of NHRC to make it more effective and truly a watchdog of human right violations in the country.