SYLLABUS

GS-2: Statutory, Regulatory and Quasi-Judicial Bodies

Context: Recently, the National Human Rights Commission (NHRC) took suo motu cognisance of the reported collapse of a Government school building, resulting in the death of 7 students in Jhalawar district, Rajasthan.

More on the News

• The commission issued notices to the Chief Secretary, Government of Rajasthan and the Superintendent of Police, Jhalawar, calling for a detailed report on the matter within two weeks.

• Reportedly, local residents had alerted the district authorities about the deteriorating condition of the school building but no action was taken, reflecting administrative negligence.

Historical Background of Human Rights

• In 1948, the United Nations adopted the Declaration of Human Rights.

• The Paris Principles were established by the National Human Rights Institutes (NHRIs) in 1991.

• The United Nations adopted these Paris Principles at its General Assembly in 1993.

•  In 1993, India enacted the Human Rights Protection Act.

• The Protection of Human Rights Act also allowed state governments to establish State Human Rights Commissions.

National Human Rights Commission (NHRC)

• NHRC of India was established in 1993 under the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.

• The commission is the watchdog of human rights in the country, that is, the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution. 

• The Commission consists of a chairperson and five full-time Members.

• In addition to its full-time members, the National Human Rights Commission (NHRC) includes seven ex-officio members. These are the Chairpersons of the following national commissions:

• National Commission for Minorities
• National Commission for Scheduled Castes (SCs)
• National Commission for Scheduled Tribes (STs)
• National Commission for Women
• National Commission for Backward Classes (NCBC)
• National Commission for Protection of Child Rights (NCPCR)
• Chief Commissioner for Persons with Disabilities

• The Chairperson and Members of the Commission are appointed by the President of India based on the recommendations of a committee chaired by the Prime Minister. 

• The committee also includes 

• the Speaker of the Lok Sabha 
• the Minister in charge of the Ministry of Home Affairs
• the Leaders of the Opposition in both the Lok Sabha and the Rajya Sabha
• the Deputy Chairman of the Rajya Sabha.

• If a sitting Supreme Court judge or a sitting Chief Justice of a High Court is to be appointed to the NHRC, it requires prior consultation with the Chief Justice of India (CJI).

• The Chairperson and Members of NHRC hold office for a term of three years or until they attain the age of seventy years, whichever comes earlier. Both are eligible for reappointment.

• The President can remove the Chairperson or any Member from office on grounds of proven misbehaviour or incapacity but only after consulting the Supreme Court.

Powers of the National Human Rights Commission (NHRC)

• Judicial Powers

• NHRC has powers of a civil court under the Code of Civil Procedure. It can:

• Summon witnesses
• Receive evidence on affidavits
• Require discovery and production of documents
• Issue commissions for examination of witnesses

• Investigative Powers

• Can call for reports/information from:

• Central & State Governments
• Subordinate authorities
• Has its own investigative staff.
• Can also use officers/agencies from Central or State governments.

• Actions After Inquiry

• During or after an inquiry, NHRC can:

• Recommend compensation/damages to the victim.
• Recommend legal action against the guilty public servant.
• Suggest immediate interim relief to the victim.
• Approach the Supreme Court or High Court for necessary directions or writs.

The functions of the Commission 

• To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court.
• To intervene in any proceeding involving an allegation of violation of human rights pending before a court. 
• To visit jails and detention places to study the living conditions of inmates and make recommendations thereon. 
• To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation
• The Commission also studies treaties and international instruments on human rights and makes recommendations for their effective implementation to the Government.

Source

https://nhrc.nic.in/media/press-release/nhrc-india-takes-suo-motu-cognizance-reported-collapse-government-school

https://www.newsonair.gov.in/nhrc-takes-suo-motu-cognizance-of-labourers-death-in-rajasthan/#:~:text=3%3A58%20PM-,NHRC%20takes%20Suo%20motu%20cognizance%20of%20labourer's%20death%20in%20Rajasthan,power%20house%20campus%20in%20Rajasthan.

https://www.un.org/en/global-issues/human-rights

PYQ Linkage

Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures. (GS-2/2021)