The National Human Rights Commission- Its Role and Functions

The National Human Rights Commission was established under the Protection of Human Rights Act, 1993. The Protection of Human Right Act, 1993 has been enacted pursuant to the directive under Article 51 of the Constitution and also the commitments taken at Vienna conference. It defines human right as the right relating to liberty, equality and dignity of the individual guaranteed by the Indian constitution as embodied in the fundamental rights and the International covenants.

The Act provides for the Constitution of a National Human Rights Commission, State Human Rights Commission in States and Human Rights Courts for better protection of Human Rights. The Central Government constitutes the National  Human Rights Commission to exercise the powers and perform the functions assigned by the Act.

The NHRC has the following functions as prescribed by the Protection of Human Rights Act, 1993-

(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into complaint of

            (i) violation of human rights or abetment thereof or
            (ii) negligence in the prevention of such violation,

            by a public servant;

(b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
(c) visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon;
(d) review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;
(e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
(f) study treaties and other international instruments on human rights and make recommendations for their effective implementation;
(g) undertake and promote research in the field of human rights;
(h) spread human rights literacy 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;
(i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights;
(j) such other functions as it may consider necessary for the protection of human rights.

The commission out of its ambit has taken the following topics for oversight.
Abolition of Child Labour

Rehabilitation of Marginalized and Destitute Women in Vrindavan
Combating Sexual Harassment of Women at the Work Place
Harassment of Women Passengers in Trains
Abolition of Manual Scavenging
Dalits issues including atrocities perpetrated on them
Problems faced by Denotified and Nomadic Tribes
Rights of the Disabled
Right to Health
HIV/AIDS
Relief Work for the Victims of 1999 Orissa Cyclone
Monitoring of relief measures undertaken after Gujarat Earthquake 2001
District Complaints Authority
Population Policy- Development and Human Rights

In addition to this, The Supreme Court of India has prescribed the following subjects under the remit of the NHRC.

Abolition of Bonded Labour
Functioning of the Mental Hospitals at Ranchi, Agra and Gwalior
Functioning of the Government Protective Home (Women), Agra
Right to Food

The NHRC has widespread powers relating to enquiries, which are briefly enumerated as follows-

The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable.

The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.

The NHRC also has powers of investigation and –

1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be.

(2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under subsection (1) may, subject to the direction and control of the Commission:-

(a) summon and enforce the attendance of any person and examinehim;

(b) require the discovery and production of any document; and

(c) requisition any public record or copy thereof from any office.

The National Human Rights Commission receives complaints on the following topics-

a)      In respect of Police Administration

b)      Failure in taking action

c)      Unlawful detention

d)     False implication

e)      Custodial violence

f)       Illegal arrest

g)      Other police excesses.

h)      Encounter Death’s

i)        Harassment of prisoners / Jail conditions

j)        Atrocities on SC’s and ST’s.

k)      Bonded Labour, Child Labour

l)        Child Marriage

m)    Communal Violence

n)      Dowry death or its attempt; dowry demand

o)      Abduction, rape and murder.

p)      Sexual harassment and indignity to women, exploitation of women.

q)      Other complaints which are not yet categorised.

The Commission has also taken path braking initiatives like

a)      Review of Statues including Terrorist and Disruptive Activities Act and (draft) Prevention of Terrorism Bill, 2000.

b)      Visit to Jails, Mental Hospitals and Other Institutions.

c)      Rights of Denotified and Nomadic Tribes.

d)     Action research on trafficking

e)      Publication of Annual report, monthly newsletter, Annual journal and research studies.

At present the NHRC has the Hon’ble Justice K.G. Balakrishnan as Chairperson and has done remarkable work in maintaining the human rights in a vast country like India.