Why in the News?

The National Human Rights Commission (NHRC) of India has taken suo motu cognizance of an alleged gang rape in Odisha.

About the National Human Rights Commission (NHRC):

• Legal Status: The NHRC is a statutory body, established in 1993 under the Protection of Human Rights Act, 1993.

• • Mandate: It functions as the national watchdog for human rights, aiming to ensure that state institutions respect and protect fundamental human dignity.
  • Objective: To strengthen institutional mechanisms for addressing human rights concerns.

• Composition of NHRC:

• • Core Members: It consists of a Chairperson and 4 full-time members.
  • Chairperson: The Chairperson must be a former Chief Justice or Judge of the Supreme Court.
  • Other Members: Other members include retired judges, human rights experts, and at least one woman.
  • Ex-Officio Members: There are 7 ex-officio members—Chairpersons of the SC, ST, Women, Minorities, Backward Classes, Child Rights Commissions, and the Chief Commissioner for Persons with Disabilities.

• Functions:

• • Investigation Role: To inquire into human rights violations or failure to prevent them, either suo motu, on a petition, or through court direction.
  • Custodial Oversight: To visit jails and detention centres to examine conditions.
  • Legal Reform Advice: To review legal protections for human rights and recommend reforms.
  • Awareness Promotion: To promote awareness and literacy around human rights issues.
  • NGO and Research Support: To support NGOs and academic research on human rights.
  • Global Alignment: To study international treaties and suggest implementation strategies.

Appointment and Tenure:

• Selection Process: Appointments are made by the President of India based on the recommendation of a 6-member committee headed by Prime Minister and including the Speaker of Lok Sabha, Opposition leaders, Home Minister, and others.
• Term Limits: The Chairperson and members serve for 3 years or until the age of 70, whichever comes first.

Removal and Service Conditions:

• Grounds for Removal: The President can remove a member for reasons like insolvency, misconduct, or infirmity, subject to inquiry by the Supreme Court in some cases.
• Salary and Benefits: Salaries and service conditions are fixed by the Central Government and cannot be altered to the disadvantage of the appointees after their appointment.

Working Procedure and Limitations:

• Quasi-Judicial Powers: The NHRC operates with civil court powers, can summon reports, and has an investigative staff.
• Inter-Agency Support: It can request help from Central or State agencies for investigation.
• No Enforcement Authority: Its role is recommendatory, with no power to punish violators or grant relief. Governments must respond within one month to its recommendations.
• Time and Jurisdiction Limits: It cannot investigate violations reported after 1 year of the alleged act and has a limited role in probing armed forces misconduct in human rights issues.

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