National Human Rights Commission

The National Human Rights Commission (NHRC) is a statutory body established under the Protection of Human Rights Act, 1993 to protect and promote human rights in India. The Act defines human rights as rights relating to life, liberty, equality and dignity that are guaranteed by the Constitution or embodied in specified international covenants and enforceable by Indian courts.

Scope of the mandate

Under Section 12, the NHRC may inquire suo motu, on a petition, or on a court's direction into human rights violations, their abetment, or negligence in preventing them by a public servant.

• It may intervene, with the court's approval, in pending judicial proceedings involving alleged human rights violations.
• It may visit prisons and other state-controlled institutions where persons are detained or lodged, examine living conditions and recommend improvements.

Protective and promotional functions

The mandate combines investigation with broader review, education and policy advice.

• It reviews constitutional and legal safeguards for human rights and recommends measures for their effective implementation.
• It examines factors, including acts of terrorism, that inhibit the enjoyment of human rights.
• It studies relevant international treaties, undertakes research, promotes human rights literacy and encourages the work of civil society organisations.

Inquiry powers and legal limits

While conducting inquiries, the NHRC has specified powers of a civil court, including summoning witnesses, receiving evidence and requisitioning public records. Its conclusions are recommendatory rather than judicially enforceable orders.

• Under Section 18, it may recommend compensation, prosecution, other action or immediate interim relief, and may approach the Supreme Court or a High Court for appropriate directions.
• Cases involving the armed forces follow the special procedure under Section 19, primarily through a report sought from the Central Government.
• Under Section 36, the Commission ordinarily cannot inquire into a matter after one year from the alleged act.