SYLLABUS
GS-2: Statutory, regulatory and various quasi-judicial bodies.
Context: The National Human Rights Commission (NHRC) celebrated its 33rd Foundation Day on 12 October 2026, highlighting its role in protecting human rights, addressing violations and promoting dignity, accountability and justice.
About the National Human Rights Commission (NHRC)
• Establishment: A statutory body established on 12 October 1993 under the Protection of Human Rights Act (PHRA), 1993, amended in 2006 and 2019.
- It functions in conformity with the Paris Principles (1991), endorsed by the UN General Assembly in 1993.
• Meaning of human rights: Under the PHRA, these relate to life, liberty, equality and dignity, guaranteed by the Constitution or embodied in international covenants and enforceable by Indian courts.
• Removal: The President may remove a member for proved misbehaviour or incapacity following a Supreme Court inquiry, or on other statutory grounds.
• Functions and powers: The NHRC investigates human-rights violations and negligence by public servants, visits prisons, reviews legal safeguards, promotes research and awareness, and recommends relief.
- It exercises civil-court powers during inquiries, but its recommendations are generally non-binding, limiting enforcement.
Significance and Achievements of NHRC
• Grievance Redressal: Handled 24,33,716 cases, including 3,100 suo motu cases, and recommended over ₹274 crore in relief in 9,085 cases over 33 years.
• Accountability in Governance: Promotes transparency through inquiries and recommendations; issued guidelines for reporting custodial deaths within 24 hours, magisterial inquiries and videography of post-mortem examinations.
• Protection of Vulnerable Sections: Addresses violations against women, children, SCs, STs, prisoners, migrant workers and persons with disabilities through inquiries, advisories and policy recommendations.
• Landmark Human Rights Interventions: Contributed to victim relief, accountability and Article 21 protection in the Punjab Mass Cremation, Gujarat riots and Chakma refugee cases.
• Human Rights Awareness and Emerging Rights: Promotes rights to water, healthcare, food, shelter and a clean environment; issued 35 advisories, completed six research studies and conducted 66 collaborative conferences, workshops and training programmes during the preceding year.
Challenges Faced by NHRC
• Non-binding Recommendations: The NHRC can only recommend action and cannot compel the government to implement its recommendations, limiting its enforcement power and earning it the criticism of being a “toothless tiger,” a phrase attributed to former Chairperson H. L. Dattu in 2016.
• International accreditation concerns: GANHRI’s Sub-Committee on Accreditation recommended downgrading India’s NHRC in March 2025 and deferred its final decision; the review was scheduled for November 2026.
• Limited Investigative Authority: Section 19 of the Protection of Human Rights Act, 1993, restricts the NHRC’s procedure for investigating alleged human rights violations by armed forces, limiting independent scrutiny.
• Dependence on Government Agencies: Reliance on government authorities for reports, cooperation and implementation of recommendations can constrain institutional autonomy.
• One-year limitation: Under Section 36(2) of the PHRA, 1993, the NHRC cannot ordinarily inquire into a complaint after one year from the alleged human-rights violation.
Way Forward
• Constitutional Status: Consider constitutional status for NHRC, similar to NCSC, NCST and NCBC, to strengthen its autonomy and authority.
• Stronger Enforcement: Mandate time-bound government responses and action-taken reports on NHRC recommendations.
• Institutional Independence: Ensure timely appointments, adequate staffing and financial autonomy.
• Investigative Powers: Review Section 19 and the one-year limitation under Section 36(2) of the PHRA, 1993, to strengthen scrutiny and access to redressal.
• Better Coordination: Strengthen coordination among NHRC, State Human Rights Commissions, judiciary and civil society for effective redressal.