National Human Rights Commission (NHRC) [UPSC Notes]
National Human Rights Commission (NHRC)
The National Human Rights Commission (NHRC) of India is a statutory body constituted under the Protection of Human Rights Act 1993. The commission acts as the watchdog of human rights in the country. Its mandate includes safeguarding and advancing the rights to life, liberty, equality, and dignity as guaranteed by the Constitution or outlined in international covenants. The commission reflects India’s commitment to the promotion and preservation of human rights.
The headquarters of the NHRC is in Delhi, and the commission may, with the previous approval of the Union Government, set up offices at other places in India. The current chairperson/Chairman of the National Human Rights Commission is Justice Arun Kumar Mishra.
What are Human Rights? |
As per the definition of the United Nations:
Human rights are defined under the Protection of Human Rights Act, 1993 as the rights to life, liberty, equality, and dignity of the individual that are guaranteed by the Constitution or embodied in the International conventions and enforceable by courts in India. |
| Global Alliance of National Human Rights Institutions (GANHRI) Sub-committee on Accreditation (SCA) |
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➤ Evolution of Human Rights Commission
- The Universal Declaration of Human Rights (UNDHR), which was adopted on 10th December 1948 and subsequently covenants on economic, social and cultural rights, 1976 and covenants on civil and political rights, 1976, had already laid down the legal foundations of human rights.
- UDHR is not binding on the member nations of the United Nations. However, there was pressure on nations to make these rights legally and enforceable and at least establish a national organisation in the country to oversee the remediation of human rights violations.
- The Human Rights Commission aligns with the Paris Principles, which were established during the first international workshop on national institutions for the advancement and safeguarding of human rights in Paris in October 1991. These principles were subsequently endorsed by the UNGA through its Resolution 48/134 on 20th December 1993.
- Since India was closely and actively participating in all these developments, it became obligatory to set up the National Human Rights Institute in the country.
- In 1993, the Indian government enacted the Protection of Human Rights Act, which expanded the definition of human rights. The act not only encompassed rights legally acknowledged within domestic laws, including fundamental rights, but also addressed rights acknowledged in international conventions that had not yet been formally recognised or incorporated into the domestic or constitutional framework.
Related FAQs of National Human Rights Commissionl
The NHRC is India’s apex human rights watchdog, set up under the Protection of Human Rights Act, 1993. It investigates human rights violations and promotes dignity, liberty, and equality in line with constitutional and international commitments.
As per the 2019 amendment, the Chairperson can be a former Chief Justice of India or a Supreme Court judge—broadening eligibility from the earlier CJI-only criterion.
No, the NHRC’s recommendations are advisory in nature. While they carry moral weight, implementation depends on the government’s discretion.
No, NHRC cannot directly act against private parties, and its role in cases involving armed forces is limited to seeking reports from the government, without conducting independent investigations.
NHRC has powers similar to a civil court—like summoning witnesses, examining records, conducting on-site visits (like to prisons), and recommending actions to improve human rights protections.
