Blog
National Human Rights Commission (NHRC)
- May 15, 2025
- Posted by: Beauty Kumari
Why is NHRC in the News?
Recently, the NHRC held a meeting with representatives from seven national commissions to discuss strategies for protecting the rights of vulnerable groups. The aim was to share best practices and develop collaborative approaches for better implementation of human rights protections. The commissions involved include the National Commission for Women (NCW), National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), National Commission for Protection of Child Rights (NCPCR), National Commission for Minorities (NCM), National Commission for Backward Classes (NCBC), and the Office of the Chief Commissioner for Persons with Disabilities.
Key Outcomes from the Joint Meeting of Human Rights Bodies:
- Collaborative Implementation Strategies: The NHRC stressed the importance of collaboration among these commissions to create joint strategies for implementing laws and schemes aimed at protecting human rights. The emphasis was on learning from each other’s experiences to ensure equality and dignity for marginalized communities, including SC-ST communities and women.
- Mechanical Cleaning of Septic Tanks: The NHRC highlighted the need for states and local bodies to follow advisories on mechanically cleaning septic tanks, promoting safety and efficiency in sanitation practices.
- Research Collaboration: The meeting also stressed the importance of avoiding research duplication across commissions, with a focus on aligning efforts in areas such as women’s property rights.
- Education and Technology Challenges: The Chairperson of the National Commission for Scheduled Caste raised concerns about ensuring equitable access to the benefits of the new education policy and emerging technologies. They noted that legal change must accompany a shift in mindset for real societal change.
- Child Rights Protection: They praised the NCPCR’s work in monitoring child rights and ensuring the rehabilitation of orphaned children. They discussed the need for enhanced compensation under NALSA and better interventions in child rights violations in private schools.
- Challenges for Persons with Disabilities: The Chief Commissioner for Persons with Disabilities addressed issues such as difficulties faced by the visually impaired when accessing online services, emphasizing the increasing rights consciousness among the disabled community.
- Call for Structured Cooperation: The meeting concluded with a consensus on the need for better cooperation among the commissions and a structured approach to safeguarding human rights. The HRCNet portal was mentioned as a tool for enhancing synergy and efficiency in handling complaints.
National Commissions for Vulnerable Sections:
- National Commission for Scheduled Castes (NCSC): Established under Article 338 of the Constitution, NCSC is responsible for safeguarding the rights of Scheduled Castes (SC).
- National Commission for Scheduled Tribes (NCST): Set up under Article 338A, this commission protects the rights of Scheduled Tribes (ST).
- National Commission for Backward Classes (NCBC): Originally a statutory body, the NCBC became a constitutional body with the 102nd Amendment Act of 2018 (Article 338B).
- National Commission for Women (NCW): Established in 1992 under the National Commission for Women Act, 1990, it monitors constitutional and legal safeguards for women.
- National Commission for Protection of Child Rights (NCPCR): Formed under the Commission for Protection of Child Rights Act, 2005, this commission works for the welfare and protection of children’s rights.
- National Commission for Minorities (NCM): Created under the National Commission for Minorities Act, 1992, it protects the rights of religious minorities as notified by the government.
- Office of the Chief Commissioner for Persons with Disabilities: Set up under the Rights of Persons with Disabilities Act, 2016, it monitors the rights and welfare of persons with disabilities.
What is the NHRC?
- About: The NHRC is responsible for protecting the human rights of individuals, as guaranteed by the Indian Constitution and international agreements.
- Establishment: It was formed on October 12, 1993, under the Protection of Human Rights Act (PHRA), 1993, and later amended in 2006 and 2019.
- Composition: The NHRC consists of a chairperson (a former Chief Justice of India or Supreme Court judge), five full-time members, and seven deemed members.
- Appointment and Tenure: The chairman and members are appointed by the President based on recommendations from a committee including the Prime Minister, Speaker of the Lok Sabha, and others. They serve for a three-year term or until the age of 70.
NHRC’s Role and Functions:
- The NHRC has the powers of a civil court and can use the services of central or state government officers for investigating human rights violations.
- It can investigate matters within one year of occurrence, but its recommendations are generally advisory and not legally binding.
Shortcomings of the NHRC:
- Non-Binding Recommendations: While the NHRC investigates violations and suggests corrective actions, it cannot enforce its recommendations, which limits its influence.
- Inability to Punish Violators: The NHRC lacks the power to directly punish offenders or provide relief to victims, weakening its enforcement capabilities.
- Limited Jurisdiction over Armed Forces: The NHRC has restricted authority over human rights violations involving military personnel.
- Time Limitations: The NHRC cannot address cases that are reported after one year, excluding delayed or historical grievances from its purview.
- Resource Constraints: The NHRC faces a shortage of resources, affecting its ability to handle investigations and public outreach effectively.
- Lack of Independence: The NHRC’s composition, based on government appointments, raises concerns about its independence and the potential for political influence.
- Reactive Approach: The NHRC’s often reactive approach to complaints limits its potential for proactive interventions.
Steps to Strengthen the NHRC:
- Expand Scope: Address emerging human rights issues like artificial intelligence, climate change, and other new challenges by broadening the NHRC’s mandate.
- Grant Enforcement Powers: Empower the NHRC to enforce its recommendations and impose penalties to ensure better accountability.
- Reform Composition: Increase the diversity of the NHRC’s members by including civil society activists and experts for a more holistic perspective.
- Develop an Independent Cadre: Establish a dedicated and skilled workforce within the NHRC to handle human rights issues effectively.
- Support State Human Rights Commissions: Strengthen state commissions by facilitating collaboration, capacity building, and knowledge sharing.
- Proactive Advocacy: Engage in proactive campaigns to educate citizens about their rights, ensuring greater awareness and empowerment.
- International Collaboration: Learn from global human rights bodies and adopt best practices to enhance the NHRC’s effectiveness.
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