NATIONAL HUMAN RIGHTS COMMISSION, INDIA
CHAPTER
3
NHRC: Organization and Functions
3.1
The National Human Rights Commission (NHRC), India was set up by an act of the Parliament
on 12th October, 1993, known as the Protection of Human Rights Act (PHRA), 1993. It was
enacted for the ‘better protection and promotion of human rights’. It is an institution which
acts as a compliment to the judiciary and is engaged in– the protection and promotion of the
constitutionally enshrined fundamental human rights of all people in the country.
3.2
As per the Act, ‘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’. “International Covenants” means the International Covenant
on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and
Cultural Rights (ICESCR), adopted by the General Assembly of the United Nations on the 16th
December, 1996 and the other Covenants or Conventions adopted by the General Assembly
of the United Nations as the Central Government may by notification specify. These other
covenants/conventions mainly relate to the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the Convention on the Rights of the Child (CRC) and
the Convention on the Elimination of all Forms of Racial Discrimination (CERD). The Government
of India acceded to the ICCPR and ICESCR in 1979. It ratified the CEDAW in 1993, the CRC in
1991 and the CERD in 1968. It would be pertinent to mention that most of the human rights
provided in the said International Covenants/Conventions, have already been enshrined
in the Part III of the Constitution of India, as Fundamental Rights.
3.3
Unquestionably, the greatest strength of the PHRA, 1993 has been to provide the Commission
with ‘independence, functional autonomy and broad mandate’, which are essential to the
composition and proper functioning of a National Human Rights Institution (NHRI) conforming
with the Paris Principles. NHRC, India is an embodiment of India’s concern for the promotion
and protection of human rights.
3.4
The experience of NHRC-India, ever since its inception, has reflected that its independence
and strength is well guaranteed by the requirements of the statute relating to its composition,
appointments procedure, and powers relating to inquiries, extensive range of functions and
specialized divisions and staff.
3.5
Amendment to Protection of Human Rights Act (1993): The Ministry of Law & Justice,
Government of India vide its Gazette Notification No. 19 of 2019 dated 27th July 2019 amended
by the Protection of Human Rights (Amendment) Act, 2019, which came into force from 2nd
ANNUAL REPORT 2019-20
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