National Human Rights Commission (NHRC) – UPSC Notes

Introduction

• The National Human Rights Commission (NHRC) is a statutory body established under the Protection of Human Rights Act (PHRA), 1993.

• It serves as the watchdog of human rights in India, ensuring protection of rights relating to life, liberty, equality, and dignity of individuals guaranteed by the Constitution and international covenants.

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Composition (PHRA, 1993; amended in 2006 & 2019)

• Chairperson: Former Chief Justice of India (CJI) or judge of the Supreme Court.

• Members:

  1. One former Judge of the Supreme Court.

  2. One former Chief Justice of a High Court.

  3. Three members (at least one woman) with knowledge/experience in human rights.

• Ex-officio members: Chairpersons of:

  • National Commission for SCs

  • National Commission for STs

  • National Commission for Women

  • National Commission for Minorities

  • National Commission for Protection of Child Rights

  • Chief Commissioner for Persons with Disabilities

Appointment: By the President, on recommendation of a committee headed by the Prime Minister.

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Tenure and Removal

• Tenure: 3 years or until the age of 70 (whichever earlier).

• Can resign anytime or be removed by the President on grounds of proved misbehavior or incapacity.

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Powers & Functions of NHRC

1. Inquiry into complaints of human rights violations by public servants.

2. Visit prisons, detention centers, recommend reforms.

3. Review safeguards under Constitution/laws for protection of human rights.

4. Recommend measures for effective implementation of treaties/international instruments.

5. Promote research and awareness in the field of human rights.

6. Intervene in court proceedings with approval.

⚡ Important: NHRC has recommendatory powers only; its orders are not binding.

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Limitations of NHRC

• Cannot act suo motu on matters older than 1 year.

• Jurisdiction limited when armed forces are involved (can only seek a report).

• Advisory role – recommendations are not binding.

• Over-dependence on government for staff, funds, and implementation.

• Lack of enforcement mechanism reduces its effectiveness.

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Recent Example (2025)

• NHRC issued a notice to Madhya Pradesh govt after two infants died allegedly due to rat bites in Indore’s Maharaja Yeshwantrao Hospital.

• Highlighted gross medical negligence and violation of Article 21 – Right to Life and Health.

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Relevance for UPSC

• GS Paper II: Statutory bodies, Governance, Issues related to Health.

• GS Paper IV (Ethics): Human dignity, accountability, transparency.

• Essay Paper: “Human rights protection is the foundation of democracy.”