National Human Rights Commission of India

Relevance: " Modi-led panel meets to select next NHRC chief " - The Hindu

The National Human Rights Commission of India (abbreviated as NHRC) is a statutory body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993.[1] It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA).[2] The NHRC is responsible for the protection and promotion of human rights, which is defined by the act as "rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India".[3]

Functions:

12. Functions of the Commission.-The Commission shall perform all or any of the following functions, namely:- 

(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf 2 [or on a direction or order of any court], 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; 

3 [(c) visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government;]

(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 organizations and institutions working in the field of human rights; 

(j) such other functions as it may consider necessary for the promotion of human rights. 

Appointment of Chairperson and other Members.-

(1) The Chairperson and [the Members] shall be appointed by the President by warrant under his hand and seal: 

Provided that every appointment under this sub-section shall be made after obtaining the recommendations of a Committee consisting of- 

(a) the Prime Minister -Chairperson; 

(b) Speaker of the House of the People -Member; 

(c) Minister in-charge of the Ministry of Home Affairs in the Government of India -Member; 

(d) Leader of the Opposition in the House of the People -Member; 

(e) Leader of the Opposition in the Council of States -Member; 

(f) Deputy Chairman of the Council of States -Member: 

Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India. (2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any 5 [vacancy of any member in the Committee referred to in the first proviso to sub-section (1)].

  1. National Human Rights Commission of India
  2. The Protection of Human Rights Act, 1993

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