Needs Assessment and Gap Analysis of the National
Human Rights Institutions in South Asia
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National Human Rights Commission of India
The National Human Rights Commission (NHRC) of India was established on October 12, 1993,
under the Protection of Human Rights Act (PHRA) of 1993.66 The NHRC was set up as an
independent statutory body to promote and protect human rights in India, in accordance
with the country’s Constitution and the international human rights instruments to which
India is a party. NHRC’s mandate includes investigating human rights violations, providing
recommendations to the government on strengthening laws, and promoting human rights
awareness and education. It is empowered to take suo moto cognisance of human rights
violations, conduct inquiries, and intervene in judicial proceedings. The Commission also has
the authority to review policies and laws and advise the government on reforms to ensure
better protection of human rights.67 NHRC India is currently accredited as an “A” status NHRI
by GANHRI.68
In the area of climate change related work, NHRC India has established a core group of
experts from government and civil society to monitor climate change mitigation related work
of the government. They conduct regular meetings and share recommendations with relevant
government bodies. The NHRC also commissions research studies with affected communities
on specific areas like internal displacement caused by large projects – such as hydropower
dams and other infrastructure development projects.
The NHRC takes suo moto action on issues like internal displacement due to severe weather
events and large projects. They engage with government organisations to ensure the rights
of affected people are upheld, including proper rehabilitation and provision of necessary
facilities for their resettlement and reintegration.
So far, NHRC has not faced any significant challenges or threats in their work. While occasional
pressures from business groups and other actors have been experienced, generally, the
government listens to NHRC’s concerns and takes necessary measures to protect rights,
especially of tribal communities. The NHRC has a core group focused on HRDs. They have
established a 24/7 focal point for assistance whenever it is needed.
Special monitors are appointed for various subjects, including climate change and
environmental issues. The NHRC acknowledges that women, vulnerable and marginalised
groups, including tribal populations, are most affected by climate change. They organise
national conferences involving rural community members to discuss climate change issues.
66
Protection of Human Rights Act (PHRA), India 1993.
National Human Rights Commission (NHRC) of India, ‘About the Organisation’ (2024)
<https://nhrc.nic.in/about-us/about-the-Organisation>.
67
68
Office of the High Commissioner for Human RIghts (n 66).