Role of National Human Rights Commission

The National Human Rights Commission (NHRC) of India is a statutory national institution established under the Protection of Human Rights Act, 1993. Its primary purpose is to protect and promote human rights relating to life, liberty, equality, and dignity.

Role of the NHRC

The NHRC can inquire into complaints of alleged human-rights violations or negligence in preventing such violations by public servants. It can act on a complaint made by a victim or another person on the victim’s behalf, or take up certain matters on its own initiative.

Its major functions include:

• Investigating alleged human-rights violations.

• Examining negligence by public servants in preventing violations.

• Visiting jails and certain government-controlled institutions to examine living conditions.

• Reviewing constitutional and legal safeguards for human rights.

• Recommending appropriate measures to governments and authorities.

• Promoting human-rights education and awareness.

• Conducting and supporting research on human-rights issues.

• Intervening in court proceedings involving human-rights allegations, with the court’s approval.

While conducting an inquiry, the Commission has several powers similar to those of a civil court, including summoning witnesses, requiring documents, receiving evidence on affidavits, and requisitioning public records.

Governing Body

The NHRC is constituted by the Central Government under the Protection of Human Rights Act, 1993. Under the Act, its composition includes a Chairperson who has been Chief Justice of India, one member who is or has been a Supreme Court judge, one member who is or has been a Chief Justice of a High Court, and two members with knowledge of or practical experience in human-rights matters. The Act also provides for a Secretary-General as the Commission’s chief executive officer.

The Chairperson and members are appointed by the President of India following the statutory selection process.

Benefits of the NHRC

The NHRC provides an important institutional mechanism for addressing human-rights concerns. Its work can:

• Protect human dignity and liberty

• Promote equality and non-discrimination

• Provide a specialized complaint mechanism

• Increase accountability of public authorities

• Recommend relief for victims in appropriate cases

• Improve conditions in prisons and other institutions

• Promote human-rights education and awareness

• Encourage improvements in laws, policies, and safeguards

Following an inquiry, the Commission may recommend appropriate action, including prosecution or other measures, recommend interim relief, or approach the Supreme Court or a High Court for appropriate directions.

How to File a Complaint with the NHRC

A person who believes that a human-rights violation has occurred can submit a complaint to the NHRC. A complaint may also be filed by another person on behalf of the victim.

Step 1: Prepare the Complaint

Include:

• Name and contact details of the complainant

• Name and details of the victim

• Date and place of the incident

• Clear description of the alleged violation

• Details of the public authority or official involved

• Relevant documents or evidence

• Details of any previous complaint or court proceeding

• Relief or action requested

The NHRC’s online system asks for information about the complainant, victim, incident, concerned public servant or authority, and relief sought.

Step 2: Submit the Complaint

Complaints can be submitted through:

• NHRC online complaint system

• HRCNet portal

• Post

• Email

• In person

• Common Service Centres (CSCs)

The NHRC states that no fee is charged for filing a complaint. Complaints can be submitted in Hindi, English, or a language included in the Eighth Schedule of the Constitution.

Official NHRC website: National Human Rights Commission of India

Step 3: Inquiry and Follow-Up

After receiving a complaint, the NHRC may seek information or a report from the concerned government or authority. It may conduct an inquiry and, where appropriate, make recommendations concerning relief, prosecution, or other action.

The complaint can also be tracked through the NHRC’s complaint-status system.

Important Point

The NHRC is a statutory human-rights commission, not a regular court. Its role primarily involves inquiry, investigation, recommendations, monitoring, and human-rights promotion. The appropriate legal remedy can depend on the facts and jurisdiction of the particular case.

Conclusion

The National Human Rights Commission plays an important role in protecting and promoting human rights in India. Through investigation, monitoring, awareness, recommendations, and complaint mechanisms, it provides an institutional avenue for addressing alleged violations and strengthening respect for life, liberty, equality, and human dignity.