The life, liberty and dignity of an individual form the basis of Human Rights in India. The Fundamental Rights provided in Part-III of the Constitution fulfil the objectives of Human rights as prescribed by the International Covenants to protect human rights.

In order to safeguard such rights, the National Human Rights Commission (NHRC) was established under Protection of Human Rights Act (PHRA), 1993 on 12th October 1993. This statutory body is constituted in conformity with the Paris Principles (principles to promote and protect Human Rights).

Composition of the National Human Rights Commission

NHRC is a multi-member body which consists of Chairperson and five members:

• A Chairperson who has been the Chief Justice of India or a judge of the Supreme Court,
• A serving or retired judge of the Supreme Court as a member,
• A serving or retired Chief justice of a High Court as a member, and
• Three other members (out of which at least one should be a woman) having knowledge or practical experiences with respect to Human Rights.

Ex-Officio Members of the National Human Rights Commission

In addition to these permanent members, the Commission also have seven ex-officio members:

• The Chairperson of National Commission for Minorities,
• The Chairpersons of NCSC, NCST and NCBC,
• The Chairperson of National Commission for Women and National Commission for Protection of Child Rights, and
• Chief Commissioner for Persons with Disabilities.

Appointment Process of NHRC Members

The Chairperson and members of the NHRC are appointed by the President on the recommendations of a six-member committee comprising:

• Prime Minister of India (chairman of the Committee)
• Speaker of the Lok Sabha
• Deputy Chairman of the Rajya Sabha.
• Leader of Opposition in both houses of Parliament.
• Union Home Minister.

Tenure and Removal Process for NHRC Members

The Chairperson and members of the Commission hold office for a term of three years or until the age of seventy years, whichever is earlier. They are eligible for re-appointment.

According to PHRA,1993, the Chairperson and other members of the Commission can only be removed from his/her office by the order of the President on the following grounds:

• Proved misbehaviour or incapacity (In such matters, a Supreme Court inquiry is held).
• If he/she is an adjudged insolvent.
• If he/she engages in any paid employment outside the duties of his/her office.
• If he/she is of unsound mind or body.
• If he/she is convicted and sentenced to imprisonment for an offence, which involves moral turpitude. 

Functions and Powers of the National Human Rights Commission

As a pioneer of Human Rights in India, NHRC performs following functions: 

• Investigation: The Commission enquires and investigates in the matters of human rights violation or negligence by any public servant to prevent such instances. E.g. Recent intervention by NHRC in Bihar hooch tragedy, where many people died due to poisonous liquor consumption.

Such cases are taken by NHRC either through Suo-motu action or through a petition.

• Monitoring human rights conditions: The members of the Commission visit a jail or any other institution where persons are detained. The Commission monitors living conditions of such places and makes necessary recommendations.
• Research and review: The Commission reviews the constitutional and legal safeguards provided under the Constitution for protection of Human Rights and recommend measures to ensure their effective implementation. NHRC also studies treaties and other international instruments on human rights and makes recommendations to implement them.

The Commission undertakes and promotes research in the field of Human Rights.

• Awareness in the society: The Commission spreads Human Rights literacy among different sections of the society and encourages the efforts of NGOs in the field of human rights.
• Quasi-judicial function: As per PHRA, 1993, NHRC has power to regulate its own procedure. Hence, while investigating a matter, Commission have all the powers of a civil court in following manner:
  • The Commission can summon and enforce the attendance of any person from any part of India. 
  • The Commission can ask for any evidence, document and any public record from Court or Offices.

Recommendatory function: The NHRC can recommend the Central or State Government to make compensation to the Victims, to take actions against any public servant or can approach the Supreme Court or High Court to issue orders or writs.