NATIONAL HUMAN RIGHTS COMMISSION
Chapter 3
NHRC : ORGANIZATION AND FUNCTIONS
3.1 The NHRC, India was set up by an act of Parliament on 12 October 1993, known as the
Protection of Human Rights Act, 1993 (PHRA). 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 not be out of place 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 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.
3.3 Unquestionably, the greatest strength of the PHRA 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 it came into existence, has shown that its
independence and strength is well guaranteed by the requirements of the statute relating to its
composition, appointments procedure, powers relating to inquiries, extensive range of functions
and specialized divisions and staff.
30
ANNUAL REPORT 2016-2017