National Human Rights Commission of India

2021-07-24T05:38:48Z

2405:201:5006:EF:E942:AAF8:BAFD:7D2A: /* Composition */Removed sexism

{{Use dmy dates|date=October 2017}}
{{Use Indian English|date=October 2017}}
{{Infobox Law enforcement agency
| agencyname = Nation Human Rights Commission
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| logo = NHRC.jpg
| logocaption = National Human Rights Commission logo
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| motto = ''sarve bhavantu sukhinaḥ''
| mottotranslated = {{trans|"May All be Happy"}}
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| formed = 12 October 1993
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| country = India
| federal = No
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| headquarters = Sardar Patel Bhawan, [[New Delhi]], India
| website = {{Official website|http://www.nhrc.nic.in}}
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| chief1name = [[Arun Kumar Mishra]]
| chief1position = Chairperson
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The '''National Human Rights Commission (NHRC) of India''' is a Statutory public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993.<ref>[http://nhrc.nic.in/ Annual Report 1993-94] of the National Human Rights Commission</ref> It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA).<ref name="TPHRA">[http://nhrc.nic.in/documents/Publications/HRActEng.pdf The Protection of Human Rights Act, 1993], as amended by the Protection of Human Rights (Amendment) Act, 2006</ref> The NHRC is the National Human Rights Commission of India,<ref>{{Cite news|url=http://www.thehindu.com/news/national/tamil-nadu/NHRC-issues-notice-to-T.N./article17088917.ece|title=NHRC issues notice to T.N.|last=Nath|first=Damini|newspaper=The Hindu|access-date=2017-02-23|language=en}}</ref> responsible for the protection and promotion of human rights, 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".

== Functions of NHRC ==
The Protection of Human Rights Act mandates the NHRC to perform the following:

* Proactively or reactively inquire into violations of human rights by government of India or negligence of such violation by a [[public servant]]
* the protection of human rights and recommend measures for their effective implementation
* review the factors, including acts of [[terrorism]] that inhibit the enjoyment of human rights and recommend appropriate remedial measures
* to study [[treaties]] and other international instruments on human rights and make recommendations for their effective implementation
* undertake and promote research in the field of human rights
* to visit [[jails]] and study the condition of inmates
* engage in [[human rights education]] 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
* encourage the efforts of NGOs and institutions that works in the field of human rights volunteerly.
* Considering the necessity for the protection of human rights.
*requisitioning any public record or copy thereof from any court or office.

==Composition==
The NHRC consists of:
The Chairperson and Five members (excluding the ex-officio members) <ref>{{cite web |website=The Commission consists of a Chairperson, five full-time Members and four deemed Members. The statute lays down qualifications for the appointment of the Chairperson and Members of the Commission }}</ref>
* A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court.<ref>{{cite web|url=https://www.thehindu.com/news/national/ex-sc-judges-could-soon-be-appointed-nhrc-chiefs/article19824595.ece|title=Ex-SC judges could soon be appointed NHRC chiefs|first=Vijaita|last=Singh|date=8 October 2017|via=www.thehindu.com}}</ref>

* One member who is, or has been, a Judge of the [[Supreme Court of India]] , or, One member who is, or has been, the Chief Justice of a High Court.
* Three Members, out of which at least one shall be a woman to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
* In addition, the Chairpersons of National Commissions viz., [[National Commission for Scheduled Castes]], [[National Commission for Scheduled Tribes]], [[National Commission for Women]] , [[National Commission for Minorities]], [[National Commission for Backward Classes]], [[National Commission for Protection of Child Rights]]; and the [[Chief Commissioner for Persons with Disabilities]] serve as [[ex officio members]].

The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be appointed only after the consultation with the Chief Justice of Supreme Court.

===Chairman and members===
Latest chairperson i.e in 2021 is Arun Kumar Mishra, who is the former judge of Supreme Court (8th chairperson of NHRC). The last chairman of the NHRC was Justice [[H. L. Dattu]], who completed his tenure on 2 December 2020.<ref>{{Cite web|last=Devika|date=2020-12-07|title=Justice H.L. Dattu completes his tenure as the 7th Chairperson of NHRC, India|url=https://www.scconline.com/blog/post/2020/12/07/justice-h-l-dattu-completes-his-tenure-as-the-7th-chairperson-of-nhrc-india/|access-date=2020-12-07|website=SCC Blog|language=en-US}}</ref> The other members were:<ref>{{Cite web |url=http://nhrc.nic.in/composition_prev.htm |title=NHRC website |access-date=21 June 2018 |archive-url=https://web.archive.org/web/20180609221601/http://nhrc.nic.in/composition_prev.htm |archive-date=9 June 2018 |url-status=dead |df=dmy-all }}</ref>
* Jyotika Kalra

Ex-officio members:
* Chairperson, [[National Commission for Scheduled Castes]]
* Chairperson, [[National Commission for Scheduled Tribes]]
* [[Syed Gayorul Hasan Rizvi]], Chairperson, [[National Commission for Minorities]]
* [[Rekha Sharma (politician)|Rekha Sharma]], Chairperson, [[National Commission for Women]]
* Chairperson, [[National Commission for Backward Classes]]
* Chairperson National Commission for Protection of Child Rights
* Chief Commissioner for Persons with Disabilities<ref>THE PROTECTION OF HUMAN RIGHTS (AMENDMENT)
ACT, 2019</ref>

==State Human Rights Commission==
A State Government may constitute a body known as the Human Rights Commission of that State to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission. In accordance to the amendment brought in TPHRA,1993<ref name="nhrc.nic.in">{{cite web|url=http://nhrc.nic.in/documents/Publications/HRActEng.pdf |title=Documents | National Human Rights Commission India |publisher=Nhrc.nic.in |access-date=2018-11-14}}</ref> point No.10 below is the list<ref>{{Cite web |url=http://www.nhrc.nic.in/shrc.htm |title=Archived copy |access-date=4 December 2015 |archive-url=https://web.archive.org/web/20151208063348/http://www.nhrc.nic.in/shrc.htm |archive-date=8 December 2015 |url-status=dead |df=dmy-all }}</ref> of State Human Rights Commissions formed to perform the functions of the commission as stated under chapter V of TPHRA,1993 (with amendment act 2006). At present, 26 states have constituted SHRC<ref>{{Cite web |url=http://nhrc.nic.in/shrc.htm |title=Archived copy |access-date=17 September 2016 |archive-url=https://web.archive.org/web/20160920225436/http://nhrc.nic.in/shrc.htm |archive-date=20 September 2016 |url-status=dead |df=dmy-all }}</ref>

{| class="wikitable"
|-
! State Commission !! City !! Date constituted
|-
| [[Assam Human rights Commission]] || [[Guwahati]] || 19 January 1996
|-
| Andhra Pradesh State Human rights Commission || [[Hyderabad]] || 2 August 2006
|-
| [[Bihar Human rights Commission]] || [[Patna]] || 3 January 2000
|-
| [[Chhattisgarh Human Rights Commission]] || [[Raipur]] || 16 April 2001
|-
| [[Gujrat State Human Rights Commission|Gujarat State Human Rights Commission]]<ref>{{Cite web |url=http://nhrc.nic.in/GujratOrders.htm |title=Archived copy |access-date=26 December 2015 |archive-url=https://web.archive.org/web/20180708163121/http://nhrc.nic.in/GujratOrders.htm |archive-date=8 July 2018 |url-status=dead |df=dmy-all }}</ref> || [[Gandhinagar]] || 12 September 2006
|-
| Goa Human Rights Commission || [[Panaji]] || 2011
|-
|Meghalaya State Human Right Commission || [[Shillong]] ||2013
|-
| Himachal Pradesh State Human rights Commission || [[Shimla]] || --
|-
|[[Jammu & Kashmir Human Rights Commission]] ||[[Srinagar]] || January 1997
|-
| [[Kerala State Human Rights Commission]] || [[Thiruvananthapuram]] || 11 December 1998
|-
| [[Karnataka State Human Rights Commission]] || [[Bangalore]] || 28 June 2005
|-
| Madhya Pradesh Human Rights Commission || [[Bhopal]] || 1 September 1995
|-
| [[Maharashtra State Human Rights Commission]] || [[Mumbai]] || 6 March 2001
|-
| Manipur State Human Rights Commission || [[Imphal]] || 2003
|-
| [[Odisha Human rights Commission]] || [[Bhubaneswar]]|| 27 January 2000
|-
| [[Punjab State Human Rights Commission]] || [[Chandigarh]] || 17 March 1997
|-
| [[Rajasthan State Human rights Commission]] || [[Jaipur]] || 18 January 1999
|-
| [[State Human Rights Commission Tamil Nadu]] || [[Chennai]]|| 17 April 1997
|-
| [[Uttar Pradesh Human Rights Commission]] || [[Lucknow]] || 7 October 2002
|-
| [[West Bengal Human Rights Commission]] || [[Kolkata]] || 8 January 1994
|-
| Jharkhand State Human Rights Commission || [[Ranchi]] || 2010
|-
| [[Sikkim State Human Rights Commission]] || [[Gangtok]] || 18 October 2008
|-
| [[Uttarakhand Human Rights Commission]] || [[Dehradun]] || 13 May 2013
|-
| Haryana Human Rights Commission || [[Chandigarh]] || 2012
|-
| Tripura Human rights Commission || [[Agartala]] || 2015
|-
| Telangana State Human Rights Commission || [[Hyderabad]] || 2019<ref>{{Cite web|last=Bandari|first=Pavan Kumar|date=2019-12-24|title=Telangana state Human Rights Commission gets new chairman and members|url=https://www.thehansindia.com/telangana/telangana-state-human-rights-commission-gets-new-chairman-and-members-592282|access-date=2020-10-13|website=www.thehansindia.com|language=en}}</ref>

|}

==Appointment==
Section 2 Sections 3 and 4 of TPHRA lay down the rules for appointment to the NHRC. The Chairperson and members of the NHRC are appointed by the [[President of India]], on the recommendation of a committee consisting of:
* The [[Prime Minister of India|Prime Minister]] (Chairperson)
* The [[Home Minister of India|Home Minister]]
* The [[Leader of the Opposition (India)|Leader of the Opposition]] in the [[Lok Sabha]] (Lower House)
* The [[Leader of the Opposition (India)|Leader of the Opposition]] in the [[Rajya Sabha]] (Upper House)
* The [[Speaker of Lok Sabha|Speaker]] of the [[Lok Sabha]] (Lower House)
* The [[Deputy Chairman of the Rajya Sabha]] (Upper House)

== List of Chairpersons ==
{| class="wikitable sortable" style="text-align:center"
|-
! Sr. No. !! Portrait !! Name !! colspan=2|Tenure
|-
| 1. || [[File:Ranganath Mishra.png|60px]] || Justice [[Ranganath Misra]] || 12 October 1993 || 24 November 1996
|-
| 2. || [[File:Justice M. N. Venkatachaliah BNC.jpg|60px]] || Justice [[M N Venkatachaliah]] || 26 November 1996 || 24 October 1999
|-
| 3. || [[File:Justice J S Verma, Jagadish Sharan Verma.jpg|60px]] || Justice [[J S Verma]] || 4 November 1999 || 17 January 2003
|-
| 4. || [[File:Justice A.S. Anand.jpg|60px]] || Justice [[A S Anand]] || 17 February 2003 || 31 October 2006
|-
| - || [[File:No image available.svg|60x60px]]|| Justice [[Shivaraj Patil]] <br>{{small|(Acting)}}|| 1 November 2006 || 1 April 2007
|-
| 5. || [[File:Justice S. Rajendra Babu, Judge of the Supreme Court of India who will take over as Chief Justice of India on May 2, 2004 as the Chief Justice of India.jpg|60px]] || Justice [[S. Rajendra Babu]] || 2 April 2007 || 31 May 2009
|-
| - || [[File:No image available.svg|60x60px]]|| Justice [[Govind Mathur|G. P. Mathur]]<br> {{small|(Acting)}} || 1 June 2009 || 6 June 2010
|-
| 6. || [[File:K. G. Balakrishnan.jpg|60px]] || Justice [[K G Balakrishnan]] || 7 June 2010 || 11 May 2015
|-
| - || [[File:Justice Cyriac Joseph DSW.jpg|60px]] || Justice [[Cyriac Joseph]] <br>{{small|(Acting)}}|| 11 May 2015 || 28 February 2016
|-
| 7. || [[File:Justice H. L. Dattu BNC.jpg|60px]] || Justice [[H.L. Dattu]] || 29 February 2016 || 2 December 2020
|-
| – || [[File:No image available.svg|60x60px]]|| Justice [[Prafulla Chandra Pant]] <br> {{small|(Acting)}} || 2 May 2021<ref>{{cite news |title=Justice Pant appointed NHRC acting chairperson |url=https://www.thehindu.com/news/national/justice-pant-appointed-nhrc-acting-chairperson/article34471512.ece |access-date=4 May 2021 |work=The Hindu |date=3 May 2021 |language=en-IN}}</ref> || 1 June 2021
|-
|8.
|[[File:Justice Arun Mishra.jpg|74x74px]]
|Justice [[Arun Kumar Mishra]]
|2 June 2021
|''Incumbent''
|}

== Controversy ==

A report concerning the manner of which the [[Shivani Bhatnagar]] murder controversy case was rejected, a case which involved high-ranking officials being implicated in the murder of a journalist, opened the organisation up to questioning over the usefulness of human rights commissions set up by the government at the national and state levels.<ref>[http://www.indiatogether.org/humanrights/opinions/nhrcshiv.htm The NHRC, and the Shivani Murder Controversy] {{Webarchive|url=https://web.archive.org/web/20160307030444/http://indiatogether.org/humanrights/opinions/nhrcshiv.htm |date=7 March 2016 }}. Indiatogether.org. Retrieved on 2012-09-30.</ref>

In mid-2011, the chairman of the NHRC, ex-Chief Justice [[K.G. Balakrishnan]] came under a cloud for allegedly owning assets disproportionate to his income.<ref>[https://web.archive.org/web/20110625082054/http://ibnlive.in.com/videos/161758/cbdt-to-probe-excji-balakrishnans-assets.html CBDT to probe ex-CJI Balakrishnan's assets -Videos India:IBNLive Videos]. Ibnlive.in.com (2011-06-22). Retrieved on 2012-09-30.</ref> His son-in-law P. V. Srinijan, an [[Indian National Congress]] politician, had to resign for suddenly coming into possession of land worth Rs. 25 lakhs.<ref>[http://www.deccanherald.com/content/123946/ex-cjis-son-amasses-property.html Ex-CJI's son amasses property in four years]. Deccanherald.com (2012-09-21). Retrieved on 2012-09-30.</ref> Many prominent jurists, including former CJ [[J. S. Verma]], SC ex-Judge [[V. R. Krishna Iyer]], noted jurist [[Fali S. Nariman]], former NHRC member [[Sudarshan Agrawal]] and prominent activist lawyer [[Prashant Bhushan]], have called on Balakrishnan's resignation pending from the HRC pending inquiry.<ref>[http://indiatoday.intoday.in/story/fali-nariman-wants-judicial-probe-against-ex-cji-kins-assets/1/125435.html Fali Nariman wants judicial probe against ex-CJI, kin's assets : South News – India Today]. Indiatoday.intoday.in (2011-01-03). Retrieved on 2012-09-30.</ref> In February 2012, the [[Supreme court|Supreme Court]] inquired of the government regarding the status of the inquiry.<ref>[https://web.archive.org/web/20120216024134/http://ibnlive.in.com/news/sc-asks-centre-about-action-taken-against-excji/229787-3.html SC asks Centre about action taken against ex-CJI KG Balakrishnan – India News – IBNLive]. Ibnlive.in.com. Retrieved on 2012-09-30.</ref>

== Human Rights Campaign's recommendations ==
NHRC held that 16 out of 19 police encounters with suspected Maoists in Guntur and Kurnool districts of Andhra Pradesh, prior to 2002 were fake and recommended to Government payment of compensation of Rs 5 lakh each to the kin of the families.<ref>{{cite news| url= http://www.thehindu.com/news/cities/Vijayawada/article3635117.ece| title= NHRC declares 16 out of 19 encounters fake, orders compensation of Rs.80 lakh| date= 13 July 2012}}</ref>

==References==
{{reflist}}

==External links==
* [http://nhrc.nic.in/ National Human Rights Commission Official Website]

{{Human rights}}
{{Indian commissions}}
{{Public policy}}

{{DEFAULTSORT:National Human Rights Commission Of India}}
[[Category:Human rights organisations based in India]]
[[Category:National human rights institutions]]
[[Category:Executive branch of the government of India]]
[[Category:Indian commissions and inquiries]]
[[Category:1993 establishments in Delhi]]
[[Category:Organisations based in Delhi]]

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National Human Rights Commission of India