NATIONAL HUMAN RIGHTS
COMMISSION, INDIA
CHAPTER
3
NHRC: ORGANIZATION AND FUNCTIONS
3.1
The NHRC, India was set up by an act of the Parliament on 12 October, 1993, known as the
Protection of Human Rights Act (PHRA), 1993. The reason for enacting it was 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), the International Covenant on Economic, Social and Cultural
Rights (ICESCR), 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 ICESER in 1979. It ratified the CEDAW in 1993, the CRC in 1991 and the CERD
in 1968. It would be pertinent to mention that the Constitution of India takes into account
all those features that have been spelt out in the above-mentioned conventions. Many of
the rights referred to in the ICCPR and the ICESCR were available to the Indian citizens when
India became independent as these rights are primarily reflected in Part III and Part IV of the
Constitution under the broad heading of Fundamental Rights and Directive Principles of State
Policy(DPSP).
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 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.
Constitution
3.5
The Commission consists of a Chairperson, four full-time Members and four deemed Members.
The statute lays down qualifications for the appointment of the Chairperson and Members of
the Commission.
ANNUAL REPORT 2018-19
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