National Human Rights Commission of India

Last updated

National Human Rights Commission
राष्ट्रीय मानवाधिकार आयोग
NHRC
National Human Rights Commission of India 2023.png
Logo of the NHRC
Mottosarve bhavantu sukhinaḥ
(transl. "May All be Happy")
Agency overview
Formed12 October 1993(30 years ago) (12 October 1993)
Jurisdictional structure
Federal agency
(Operations jurisdiction)		 India
Operations jurisdiction India
India (orthographic projection).svg
Map of National Human Rights Commission's jurisdiction
Size3,287,263 km2 (1,269,219 sq mi)
Legal jurisdiction India
Governing body Ministry of Home Affairs (India)
General nature
Operational structure
HeadquartersMANAV ADHIKAR BHAVAN, BLOCK-C, GPO COMPLEX, INA, New Delhi - 110 023.
Agency executives
  • Vijaya Bharathi Sayani (Acting), Chairperson
  • Bharat Lal, Secretary General (CEO)
Website
www.nhrc.nic.in OOjs UI icon edit-ltr-progressive.svg

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, 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]

Contents

Functions of NHRC

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

Composition

The NHRC consists of the chairperson and five members (excluding the ex-officio members) [4]

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 India.

Chairman and members

Vijaya Bharathi Sayani is the acting chairperson of the commission. [6] The last chairperson of the NHRC was Justice Arun Kumar Mishra, who completed his tenure on 1 June 2024.The other members are:

Ex-officio members:

Core Groups [8]

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 with the amendment brought in TPHRA,1993 [9] point No.10 below is the list [10] 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, 25 states have constituted SHRC [11]

State CommissionCityDate constituted
Assam Human rights Commission Guwahati 19 January 1996
Andhra Pradesh State Human rights Commission Kurnool 2 August 2006
Bihar Human rights Commission Patna 3 January 2000
Chhattisgarh Human Rights Commission Raipur 16 April 2001
Gujarat State Human Rights Commission [12] Gandhinagar 12 September 2006
Goa Human Rights Commission Panaji 2011
Meghalaya State Human Right Commission Shillong July 2016
Himachal Pradesh State Human rights Commission Shimla --
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 [13]

Appointment

Section 2, 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:

List of Chairpersons

Sr. No.PortraitNameTenure
1. Ranganath Mishra.png Justice Ranganath Misra 12 October 199324 November 1996
2. Justice M. N. Venkatachaliah BNC.jpg Justice M N Venkatachaliah 26 November 199624 October 1999
3. Justice J S Verma, Jagadish Sharan Verma.jpg Justice J S Verma 4 November 199917 January 2003
4. Justice A.S. Anand.jpg Justice A S Anand 17 February 200331 October 2006
- Shivarajpatil.jpg Justice Shivaraj Patil
(Acting) [14] 		1 November 20061 April 2007
5. 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 Justice S. Rajendra Babu 2 April 200731 May 2009
- No image available.svg Justice G. P. Mathur
(Acting)		1 June 20096 June 2010
6. K. G. Balakrishnan.jpg Justice K G Balakrishnan 7 June 201011 May 2015
- Justice Cyriac Joseph DSW.jpg Justice Cyriac Joseph
(Acting)		11 May 201528 February 2016
7. Justice H. L. Dattu BNC.jpg Justice H.L. Dattu 29 February 20162 December 2020
– PC Pant.jpg Justice Prafulla Chandra Pant
(Acting)		25 April 2021 [15] 1 June 2021
8. Justice Arun Mishra.jpg Justice Arun Kumar Mishra 2 June 20211 June 2024
_Vijaya Bharathi Sayani (Acting)2 June 2024Incumbent

Controversy

A report concerning the manner in which the Shivani Bhatnagar murder case was rejected, a case involving high-ranking officials, opened the organisation up to questioning over the usefulness of human rights commissions set up by the government at the national and state levels.[ citation needed ] 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. [16] 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. [17] 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. [18] In February 2012, the Supreme Court inquired of the government regarding the status of the inquiry. [19]

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. [20]

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The Goa Human Rights Commission was constituted in the month of March 2011 to perform the functions assigned to the State Commission under Chapter V of the Protection of Human Rights Act 1993. The current Chairman of the Commission is Justice Utkarsh V. Bakre, former High Court Judge.

The Assam Human Rights Commission (India) was constituted on 19 March 1996.

The Rajasthan State Human Rights Commission is a State Government body constituted on 18 January 1999 to exercise the powers conferred upon, and to perform the functions assigned to, a State Human Rights Commission under chapter-V of The Protection of Human Rights Act, 1993.

Bihar Human Rights Commission was established on 3 January 2000 by Notification No. 207. The Commission became functional by notification No. 6896 on 25 January 2008 with the appointment of its first chairperson, Justice S. N. Jha, former Chief Justice of the Jammu & Kashmir and Rajasthan High Court, along with Justice Rajendra Prasad, a former Judge of the Patna High Court and R. R. Prasad, a former Director General of Police, Bihar as supporting members of the commission.

Chhattisgarh Human Rights Commission become functional on 16 April 2001 with appointment of first Chairperson, Justice K. M. Agrawal, a former Chief Justice of Sikkim High Court and Shri K. A. Jacob, former D. G. P. of Bihar as the founder members by Notification No. 4139/GAD/2001 with effect from the date they assumed charge of the office.

The Kerala State Human Rights Commission was constituted on 11 December 1998 with the appointment of the first Chairperson Justice M.M. Pareed Pillay, a former Chief Justice Kerala High Court along with Dr. S. Balaraman and Shri. T.K. Wilson as supporting members by notification S.R.O No. 1066/1998 Dt: 11-12-98. The former Acting Chief Justice of Kerala High Court Justice Alexander Thomas is the present chairperson. The Chairperson and members are appointed by the Kerala Governor.

The Karnataka State Human Rights Commission was formally constituted by the Government order No. LAW 20 LAG 05 dated 28 June 2005. However, the present chairperson and members were appointed by the Governor of Karnataka vide notification No. LAW 17 HRC 2005 Dt. 23.07.2007 & 28.07.2007

Odisha Human Rights commission was constituted on 27 January 2000 via home department notification No. 5144 Dt: 27.8.2000. However, it became formally operational on 11 July 2003 with the appointment of Justice D. P. Mohapatra, a former Chief Justice of the Allahabad High Court and former Judge of the Supreme Court of India joined as its first chairperson of the commission via notification No. 8438 Dt: 24.6.2003. He was supported by Shri S.M. Patnaik, a former Chief Secretary to Government of Orissa via notification No.8441 Dt: 24.6.2003.

In the State of Uttar Pradesh, the State Human Rights Commission was established on 4 April 1996. However, the Commission was formally constituted vide notification No. 2388-89 Dt: 7.10.2002 when Justice A.P. Mishra, a former Chief Justice of Delhi High Court and former Judge of Supreme Court of India was appointed as first Chairperson along with Justice V. Saran, Mr. S.R. Arya, Mr. S.V.M. Tripathi and Mr. Sukh Lal Adarsh as supporting members of the Commission. Currently, UPHRC is headed by Justice (Retired) Bala Krishna Narayan.

Sikkim State Human Rights Commission was constituted on 18 October 2008 vied notification No. 101/HOME/2008. Thereafter, Justice A.N. Ray, a former Chief Justice, Sikkim High Court of was appointed as the Chairperson vide Notification No. 106/HOME/2008 on 14 November 2008.

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Andhra Pradesh State Human Rights Commission is a statutory organisation created as per "The Protection of Human Rights Act of 1993 for India" for the state of Andhra Pradesh to inquire into human rights violations for subjects referred in the state list and concurrent list mentioned in the seventh schedule of the constitution of India. The chairman and other members of the Andhra Pradesh State Human Rights Commission are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly. In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee.

Telangana State Human Rights Commission is a statutory organisation created as per "The Protection of Human Rights Act of 1993 for India" for the state of Telangana to inquire into human rights violations for subjects referred in the state list and concurrent list mentioned in the seventh schedule of the constitution of India. The Chairman and other members of the Telangana State Human Rights Commission are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly. In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee.

Himachal Pradesh State Human Rights Commission is a statutory organisation created as per "The Protection of Human Rights Act of 1993 for India" for the state of Himachal Pradesh to inquire into human rights violations for subjects referred in the state list and concurrent list mentioned in the seventh schedule of the constitution of India. The Chairman and other members of the Himachal Pradesh Human Rights Commission are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly. In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee.

Jharkhand Human Rights Commission is a statutory organisation created as per "The Protection of Human Rights Act of 1993 for India" for the state of Jharkhand to inquire into human rights violations for subjects referred in the state list and concurrent list mentioned in the seventh schedule of the constitution of India. The Chairman and other members of the Jharkhand Human Rights Commission are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly. In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee.

References

  1. ↑ Annual Report 1993–94 of the National Human Rights Commission
  2. ↑ The Protection of Human Rights Act, 1993, as amended by the Protection of Human Rights (Amendment) Act, 2006
  3. ↑ Nath, Damini. "NHRC issues notice to T.N." The Hindu. Retrieved 23 February 2017.
  4. ↑ 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
  5. ↑ Singh, Vijaita (8 October 2017). "Ex-SC judges could soon be appointed NHRC chiefs". The Hindu– via www.thehindu.com.
  6. ↑ "Vijaya Bharathi Sayani appointed acting chairperson of NHRC". India Today NE. 3 June 2024. Retrieved 7 July 2024.
  7. ↑ THE PROTECTION OF HUMAN RIGHTS (AMENDMENT) ACT, 2019
  8. ↑ "Core Groups | National Human Rights Commission India". nhrc.nic.in. Retrieved 27 May 2023.
  9. ↑ "Documents | National Human Rights Commission India" (PDF). Nhrc.nic.in. Retrieved 14 November 2018.
  10. ↑ "SHRC, NHRC, India". Archived from the original on 8 December 2015. Retrieved 4 December 2015.
  11. ↑ "SHRC, NHRC, India". Archived from the original on 20 September 2016. Retrieved 17 September 2016.
  12. ↑ "Gujarat Orders". Archived from the original on 8 July 2018. Retrieved 26 December 2015.
  13. ↑ Bandari, Pavan Kumar (24 December 2019). "Telangana state Human Rights Commission gets new chairman and members". www.thehansindia.com. Retrieved 13 October 2020.
  14. ↑ "Dr. Justice Shivaraj V. Patil appointed Acting Chairperson of NHRC | National Human Rights Commission India". nhrc.nic.in. Retrieved 6 October 2023.
  15. ↑ "Justice Pant appointed NHRC acting chairperson". The Hindu. 3 May 2021. Retrieved 4 May 2021.
  16. ↑ CBDT to probe ex-CJI Balakrishnan's assets -Videos India:IBNLive Videos. Ibnlive.in.com (2011-06-22). Retrieved on 2012-09-30.
  17. ↑ Ex-CJI's son amasses property in four years. Deccanherald.com (2012-09-21). Retrieved on 2012-09-30.
  18. ↑ 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.
  19. ↑ SC asks Centre about action taken against ex-CJI KG Balakrishnan – India News – IBNLive. Ibnlive.in.com. Retrieved on 2012-09-30.
  20. ↑ "NHRC declares 16 out of 19 encounters fake, orders compensation of Rs.80 lakh". 13 July 2012.
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