National Human Rights Commission and State Human Rights Commission, 1993

What is the news?

• The Calcutta High Court has directed the Chairperson of the National Human Rights Commission (NHRC) to constitute a committee to examine complaints of post-poll violence in West Bengal.
• A Bench of five judges directed that the committee “shall examine all the cases, and maybe by visiting the affected areas, and submit a comprehensive report to this court about the present situation”.
• The court asked the committee to suggest “steps to be taken to ensure confidence of the people that they can peacefully live in their houses and also carry on their occupation or business to earn their livelihood”. The order, issued on June 18, directed that “the persons prima facie responsible for crime and the officers who maintained calculated silence on the issue be pointed out”.

NHRC and SHRC, 1993

• Both are Statutory Autonomous bodies established under the Protection of Human Rights Act, 1993.
• It is the watchdog of Human Rights in India. They are Rights w.r.t. Life, Liberty, Equality & dignity guaranteed by the Constitution or of International Covenants. Accordingly 25 States have constituted SHRCs through official Gazette Notifications.

• Tenure (of both NHRC & SHRC): 3 years or 70 years whichever is earlier. Not eligible for further Employment under Center or States.
• Removal (of both NHRC & SHRC) by Prez: (Same as of UPSC, CVC, CIC) Removal is done only by Prez under the following conditions:
  1. If he has gone bankrupt or If, according to Prez, he is of unsound mind or If he is involved in paid employment outside the duties of office.
  2. Prez can also remove her in case of Misbehavior or incapacity (defined in Constitution), Prez refers this matter to SC. SC’s decision is binding on Prez. Then he may remove it. During the course of an enquiry by the SC, Prez can suspend them.
• The salary, allowances & service conditions are determined by C / S govt & can’t be varied to his disadvantage post appointment.
• Functions of Both:
  1. To strengthen the institutional arrangements through which human rights could be addressed in their entirety and in a more focused manner.
  2. To inquire into any violation of Human Rights, either suo motu or on a petition presented to it or an order of a Court. SHRC can only enquire into matters related w State List or Concurrent List of the 7th Schedule of the Constitution. However, if any such case is enquired by NHRC or any other Statutory Commission, then SHRC doesn’t inquire into that case.
  3. To intervene in any proceeding involving allegation of violation of Human rights pending before a Court.
  4. To visit jails or detention places, study the living conditions of inmates and make recommendations.
  5. To review the Constitution and legal safeguards for the protection of HRs and make recommendations.
  6. To review the factors including acts of terrorism that inhibit the enjoyment of rights and recommend remedial measures.
  7. To spread human rights literacy and encourage the efforts of NGOs working in this direction.
  8. To study treaties and international agreements on Human Rights and make recommendations.
  9. To undertake and promote research in the field of Human Rights.
  10. To undertake such other functions as it may consider necessary for the promotion of human rights.
• Working:
  1. It can't by itself punish the guilty. That is the responsibility of courts. It makes independent and credible enquiry into any case of violation of human rights. Also if any govt officer neglects.
  2. It regulates its own procedure. It has all the powers of a Civil Court and its proceedings have a judicial character. It may call for info or reporty from C & S govts or any subordinate authority.
  3. The NHRC has its own nucleus of working staff for investigation. Besides, it is empowered to utilize the services of any officer or investigating agency of C or S govt. It has also established effective coop with NGOs with 1st hand info about HR violations.
  4. It can only look into the matter of violation within 1 year of its occurrence and not after that.
  5. After enquiry, It may recommend the concerned government or authority
     1. To make payment of compensation or damages to the victim.
     2. The initiation of proceedings or any other action against the guilty public servant.
     3. For the grant of immediate interim relief to the victim.
  6. It may approach the SC or HC concerned for the necessary directions, orders and writs.
  7. It can summon witnesses, question any govt official, demand any official paper, visit any prison for inspection or send it's own team for on the spot inquiry.
• Criticisms:
  1. It has no power to punish the violators of Human Rights nor can it provide any relief to the victim.
  2. The functions are mainly recommendatory in nature. Not binding. But it should be informed about the action taken on its recommendations within 1 month.
  3. The Commission has a limited role, powers and jurisdiction wrt violation of human rights by the member of Armed forces. In this sphere NHRC may seek a report from Govt and make recommendations. Center has to inform on actions taken within 3 months.
  4. Yet the govt considers cases forwarded by it. It is therefore improper to say that the Commission is powerless. It enjoys great material authority and no govt can ignore its recommendations.
  5. NHRC submits its annual report to Central govt and State govt concerned. SHRC submits to State govt.
• Protection of Human Rights Act, 1993 also provides for the establishment of Human Rights Courts:
  1. Acc to the act, HRC can be est in every district for speedy trial of violation of Human Rights.
  2. These Courts can be set up by the State govt only w the concurrence of concerned CJHC.
  3. For every HRC, State govt specifies a public prosecutor or appoints an advocate (practice > 7 years) as a special public prosecutor.
  4. Protection of Human Rights (Amendment) Act, 2006
     1. NHRC can undertake visits to jails even without intimation to State Govt.
     2. Chairman and members of NHRC resign to Prez, and SHRC resigns to Guv.
     3. NHRC can transfer complaints received by it to SHRCs.