National Human Rights Commission of India

Functions of NHRC

The Protection of Human Rights Act mandates the NHRC to perform the following:

• Proactively or reactively inquire into violations of human rights by the government of India or negligence of such violation by a public servant
• The protection of human rights and recommend measures for their effective implementation
• Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures
• To study treaties and other international instruments on human rights and make recommendations for their effective implementation
• Undertake and promote research in the field of human rights
• To visit jails and study the condition of inmates
• Engage in human rights education among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means
• Encourage the efforts of NGOs and institutions that work in the field of human rights voluntarily.
• Considering the necessity for the protection of human rights.
• Requisitioning any public record or copy thereof from any court or office.

Composition

The NHRC consists of the chairperson and five members (excluding the ex-officio members)

• A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court.
• One member who is, or has been, a judge of the Supreme Court of India and one member who is, or has been, the Chief Justice of a High Court.
• Three Members, out of which at least one shall be a woman to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
• In addition, the Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women, National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities serve as ex officio members.

A serving judge of the Supreme Court or incumbent Chief Justice of any High Court can be appointed only after the consultation with the Chief Justice of India.

Chairman and members

Justice V. Ramasubramanian is the current chairperson of the commission, serving since 23 December 2024 onwards.

The other members are:

• Dr. Justice Bidyut Ranjan Sarangi - Member
• Smt Vijaya Bharathi Sayani - Member
• Shri Priyank Kanoongo - Member https://nhrc.nic.in/contact-us/directory-of-officers

Ex-officio members:

• Chairperson, National Commission Scheduled Castes
• Chairperson, National Commission for Scheduled Tribes
• Chairperson, National Commission for Minorities
• Chairperson, National Commission for Women
• Chairperson, National Commission for Backward Classes
• Chairperson, National Commission for Protection of Child Rights
• Chief Commissioner for Persons with DisabilitiesTHE PROTECTION OF HUMAN RIGHTS (AMENDMENT) ACT, 2019

Core Groups

Source:

• Core Group on Older Persons
• Core Advisory Group on Environment, Climate Change & Human Rights
• Core Group on Human Rights Defenders and NGOs
• Core Advisory Group on Bonded Labour
• Core group on LGBTI issues
• Core Advisory Group on Business and Human Rights
• Core Group on Disabilities
• Core group on Health and Mental Health
• Core Group on Right to Food
• Core Group on Rights of Women
• Core Group of NGOs in the Commission
• Core Advisory Group on Criminal Justice System Reforms
• Core Group on Mental Health in the Commission Order

State Human Rights Commission

A state government may constitute a body known as the Human Rights Commission of that State to exercise the powers conferred upon and to perform the functions assigned to a State Commission. In accordance with the amendment brought in TPHRA, 1993 point No.10 below is the list of State Human Rights Commissions formed to perform the functions of the commission as stated under chapter V of TPHRA, 1993 (with amendment act 2006). At present, 25 states have constituted SHRC

Appointment

Sections 2, 3 and 4 of TPHRA lay down the rules for appointment to the NHRC. The chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of:

• The Prime Minister (chairperson)
• The Home Minister
• The Leader of the Opposition in the Lok Sabha (Lower House)
• The Leader of the Opposition in the Rajya Sabha (Upper House)
• The Speaker of the Lok Sabha (Lower House)
• The Deputy Chairman of the Rajya Sabha (Upper House)

List of Chairpersons of the National Human Rights Commission of India

Controversy

A report concerning how the Shivani Bhatnagar murder case was rejected, a case involving high-ranking officials, opened the organisation up to questioning over the usefulness of human rights commissions set up by the government at the national and state levels. In mid-2011, the chairman of the NHRC, ex-Chief Justice K.G. Balakrishnan came under a cloud for allegedly owning assets disproportionate to his income. His son-in-law P. V. Srinijan, an Indian National Congress politician, had to resign for suddenly coming into possession of land worth Rs. 25 lakhs. Many prominent jurists, including former CJ J. S. Verma, SC ex-Judge V. R. Krishna Iyer, noted jurist Fali S. Nariman, former NHRC member Sudarshan Agrawal and prominent activist lawyer Prashant Bhushan, have called on Balakrishnan's resignation pending from the NHRC pending inquiry. In February 2012, the Supreme Court of India inquired of the government regarding the status of the inquiry.

The National Human Rights Commission of India (NHRC) had its accreditation with the U.N recognised Global Alliance of National Human Rights Institutions (GANHRI) deferred for a second consecutive year in 2024, due to concerns regarding its compliance with the Paris Principles. The deferral was attributed to issues such as a lack of transparency in the appointment of NHRC members, the inclusion of police officers in human rights investigations, and inadequate gender and minority representation within the commission’s composition and political meddling.

Human Rights Campaign's recommendations

The NHRC held that 16 out of 19 police encounters with suspected Maoists in Guntur and Kurnool districts of Andhra Pradesh, prior to 2002, were fake and recommended the Government payment of compensation of ₹5 lakh each to the kin of the families.

References

References

1. [http://nhrc.nic.in/ Annual Report 1993–94] of the National Human Rights Commission.
2. [http://nhrc.nic.in/documents/Publications/HRActEng.pdf The Protection of Human Rights Act, 1993], as amended by the Protection of Human Rights (Amendment) Act, 2006
3. Nath, Damini. "NHRC issues notice to T.N.". The Hindu.
4. The Commission consists of a Chairperson, five full-time Members and four deemed Members. The statute lays down qualifications for the appointment of the Chairperson and Members of the Commission
5. Singh, Vijaita. (8 October 2017). "Ex-SC judges could soon be appointed NHRC chiefs". The Hindu.
6. (2024-06-03). "Vijaya Bharathi Sayani appointed acting chairperson of NHRC".
7. "Core Groups {{!}} National Human Rights Commission India".
8. "Documents | National Human Rights Commission India". Nhrc.nic.in.
9. "SHRC, NHRC, India".
10. "SHRC, NHRC, India".
11. "Gujarat Orders".
12. Bandari, Pavan Kumar. (2019-12-24). "Telangana state Human Rights Commission gets new chairman and members".
13. "Dr. Justice Shivaraj V. Patil appointed Acting Chairperson of NHRC {{!}} National Human Rights Commission India".
14. (3 May 2021). "Justice Pant appointed NHRC acting chairperson". The Hindu.
15. [https://web.archive.org/web/20110625082054/http://ibnlive.in.com/videos/161758/cbdt-to-probe-excji-balakrishnans-assets.html CBDT to probe ex-CJI Balakrishnan's assets -Videos India: IBNLive Videos]. [[News18. IBNLive]] (2011-06-22). Retrieved on 2012-09-30.
16. [http://www.deccanherald.com/content/123946/ex-cjis-son-amasses-property.html Ex-CJI's son amasses property in four years]. [[Deccan Herald]] (2012-09-21). Retrieved on 2012-09-30.
17. [https://www.indiatoday.in/india/south/story/fali-nariman-wants-judicial-probe-against-ex-cji-kins-assets-125933-2011-01-02 Fali Nariman wants judicial probe against ex-CJI, kin's assets : South News – India Today]. [[India Today]] (2011-01-03). Retrieved on 2012-09-30.
18. [https://web.archive.org/web/20120216024134/http://ibnlive.in.com/news/sc-asks-centre-about-action-taken-against-excji/229787-3.html SC asks Centre about action taken against ex-CJI KG Balakrishnan – India News – IBNLive]. [[News18. IBNLive]]. Retrieved on 2012-09-30.
19. Khan, Khadija. (2024-05-21). "Why has a UN body withheld accreditation to India’s NHRC?".
20. Mishra, Ishita. (2023-05-24). "U.N.-recognised Global Alliance of National Human Rights Institutions keeps NHRC waiting over ‘political meddling’". The Hindu.
21. (13 July 2012). "NHRC declares 16 out of 19 encounters fake, orders compensation of Rs.80 lakh".