National human rights Commission

National Human Rights Commission of

National Human Rights Commission
राष्ट्रीय मानवाधिकार आयोगAgency overviewFormed12th October 1993Legal personalityGovernmental: Government agencyJurisdictional structureFederal agencyIndiaGeneral natureFederal law enforcementCivilian agencyOperational structureHeadquartersNew Delhi, IndiaAgency executivesJustice H. L. Dattu, ChairmanSatynarayan Mohanty, Secretary GeneralWebsiteOfficial website

The Rights Commission (NHRC) of India is an autonomous public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993 (TPHRA).The NHRC is the national human rights institution, 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".

"Human Rights" means the 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. "Commission" means the National Human Rights Commission constituted under section of All human beings are born free and equal in dignity and rights known as Human rights, as commonly understood, are the rights that every human being is entitled to enjoy freely irrespective of his religion, race, caste, sex and nationality, etc. (Jagdish chand, 2007) In Declaration of Independence acknowledged the fundamental human rights. Human right means different thing to different people. Human Rights are not static. New rights are recognized and enforced from time to time. Only persons fully conversant with the latest development about the expanding horizons of Human Rights can promote their awareness better than others.

Functions

TPHRA mandates the NHRC to perform the following functions:

proactively or reactively inquire into violations of human rights or negligence in the prevention of such violation by a public servantby leave of the court, to intervene in court proceeding relating to human rightsto visit 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 and make recommendationsreview 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 implementationreview the factors, including acts ofterrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measuresto study treaties and other international instruments on human rights and make recommendations for their effective implementationundertake and promote research in the field of human rightsengage 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 meansencourage the efforts of NGOs and institutions working in the field of human rightssuch other function as it may consider it necessary for the protection of human rights.

Composition

The NHRC (National Human Rights Commission) consists of:

A Chairperson, retired Chief Justice of India One Member who is, or has been, a Judge of the Supreme Court of IndiaOne Member who is, or has been, the Chief Justice of a High CourtTwo Members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rightsIn addition, the Chairpersons of four National Commissions of ( 1.Minorities 2.SC and ST 3.Women) serve as ex officiomembers.

Chairman and Members

The chairman of the NHRC is Justice Shri H.L. Dattu and the other members are:

Justice Shri Cyriac Joseph Justice Shri D. Murugesan Shri Sharad Chandra Sinha

Ex-officio members:

Shri Naseem Ahmad, Chairperson, National Commission for MinoritiesPanna Lal Punia, Chairperson, National Commission for Scheduled CastesDr Rameshwar Oraon, Chairperson, National Commission for Scheduled TribesLalitha Kumaramangalam, Chairperson,National Commission for Women

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,1993point No.10 below is the listof 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, 24 states have constituted SHRC

State CommissionCityDate constitutedAssam Human rights CommissionGuwahati19 January 1996Andhra Pradesh State Human rights CommissionHyderabad--Bihar Human rights CommissionPatna3 January 2000Chhattisgarh Human Rights CommissionRaipur16 April 2001Gujrat State Human Rights CommissionGandhinagar12 September 2006Goa Human Rights CommissionPanaji--Himachal Pradesh State Human rights CommissionShimla--Jammu and KashmirSri NagarKerala State Human Rights CommissionThiruvananthapuram11 December 1998Karnataka State Human Rights CommissionBangalore28 June 2005Madhya Pradesh Human Rights CommissionBhopal1 September 1995Maharashtra State Human Rights CommissionMumbai6 March 2001Manipur State Human Rights CommissionImphal--Odisha Human rights CommissionBhubaneswar27 January 2000Punjab Human Rights CommissionChandigarh--Rajasthan State Human rights CommissionJaipur18 January 1999State Human Rights Commission Tamil NaduChennai17 April 1997Uttar Pradesh Human Rights CommissionLucknow7 October 2002West Bengal Human Rights CommissionKolkata8 January 1994Jharkhand State Human Rights CommissionRanchi--Sikkim State Human Rights CommissionGangtok18 October 2008Uttarakhand Human Rights CommissionDehradun13 May 2013Haryana Human Rights CommissionChandigarh--Tripura Human rights CommissionAgartala--

Appointment

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 (chairperson) The Home Minister The Leader of the Opposition in the Lok Sabha (House of the People)The Leader of the Opposition in the Rajya Sabha (Council of States)The Speaker of the Lok Sabha (House of the People)The Deputy Chairman of the Rajya Sabha(Council of States)

Former chairpersons

Sr
NoNameTenure1.JusticeRanganath Misra12 October 1993 - 24 November 19962.Justice M N Venkatachaliah26 November 1996 - 24 October 19993.Justice J S Verma4 November 1999 - 17 January 20034.Justice A S Anand17 February 2003 - 31 October 20065.Justice S. Rajendra Babu2 April 2007 - 31 May 20096.Justice K G Balakrishnan7 June 2010 - 11 May 20157.Justice H.L. Dattu29 Feb-2016

Acting Chairpersons

Justice Cyriac Joseph from May 11, 2015 to February 28, 2016Dr. Justice Shivaraj Patil, from November 1, 2006 to April 1, 2007Justice G P Mathur, from June 1, 2009 to June 6, 2010

International status

The NHRC has been accredited with "A status" by the International Coordinating Committee of National Human Rights Institutions (the ICC), indicating that it is in conformity with the Paris Principles – a broad set of principles agreed upon by a conference of experts on the promotion and protection of human rights, in Paris in October 1991, and subsequently endorsed by the UN General Assembly. The Commission is thus entitled to participate in the ICC and in its regional sub-group, theAsia Pacific Forum, and may take part in certain sessions of the UN human rights committees.

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.

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.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.Many prominent jurists, including former CJ J. S. Verma, SC ex-Judge V. R. Krishna Iyer, noted jurist Fali S. Nariman, former NHRC memberSudarshan Agrawal and prominent activist lawyer Prashant Bhushan, have called on Balakrishnan's resignation pending from the HRC pending inquiry.In February 2012, the Supreme Court inquired of the government regarding the status of the inquiry.

HRC'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.
Visit the kavyesh gk world page