The NHRC submits an annual report to the Central Government. The Central Government places such a report before the Parliament along with a memorandum of action taken and reasons for non-acceptance of any recommendation.

Independence of the National Human Rights Commission under PHRA, 1993

To ensure independence and impartiality in the functioning of the Commission, following provisions are provided under PHRA, 1993:

• Security of tenure: The Chairperson and members of the Commission cannot be removed from their office except on the ground mentioned in the statute.
• No further employment: The Chairperson and members of the Commission are ineligible for further employment under Government of India, once they cease to hold office. 

Challenges in the Functioning of the National Human Rights Commission

Though provided with ‘A’ status by Global Alliance of National Human Rights Institution (GANHRI), the Commission still faces following challenges in its functioning:

• Composition of the Commission: Though NHRC works with many NGOs and Civil society organisations, no explicit representation of academicians, representatives of NGOs or members of civil society is there in the Commission.
• Jurisdiction of the Commission: The jurisdiction of NHRC is limited to the violation by State actors. It is not empowered to act in cases of human rights violation by private parties. As many developmental projects involve human rights violation by private players, this provision is a hurdle in efficient functioning of the Commission.
• Investigation by the Commission: The Commission is provided to investigate the matters within one year of occurrence of such incident. Some experts criticise this provision as many complaints remain unaddressed due to this provision.
• Recommendations of the Commission: The Commission is often criticised for being a “toothless tiger” as it is not provided with any powers to enforce its recommendations. In many instances there is delay in compliance on such recommendations by Central and State Governments.
• Irregular appointments in the Commission: The NHRC is often criticised for irregular appointments and delay in filling vacancies. E.g. The post of Chairman was vacant for several months after the retirement of former chairman H.L. Dattu. Such delays in appointment hampers the smooth functioning of the Commission.
• Limitations in functioning: The Commission is not provided with any power to impose penalties or to provide for monetary relief to the victims. Such limitations raise a question mark on NHRC as a protector of human rights.
• Restriction in cases of Armed Forces: In the areas of insurgency and internal conflict like Jammu and Kashmir and North East, a large number of human rights violations occur. However, the powers of the Commission to inquire military personnel are largely restricted. This erodes the credibility of the institution in the eyes of the citizens. 
• Administrative and financial constraints: The NHRC is not equipped with its own independent staff and machinery and rely on the Central or State government staff and machinery, due to this the Commission largely functions in a bureaucratic style. This poses a challenge to its smooth functioning. Other than this, the Commission also faces financial constraints in its functioning.

Way ahead

• Need of an Inclusive approach: The NHRC is continuously emphasising on the principles of non-discrimination, equality, recognition of rights of women, children, and persons with disabilities, LGBTQ+ and other vulnerable sections.  However, to discharge its functions more efficiently, the Commission needs to adopt an inclusive approach by providing representation to civil society organisations. Some members from NGOs need to be appointed.
• Appointment of judicial members: For appointment of judicial members, the Appointment Committee should ensure that such members have a proven record of promoting human rights. Such measures will provide more credibility to the institution and prevent it from becoming a post retirement destination for judges, as alleged by experts. 
• More powers to the Commission: To discharge its functions more effectively, the Commission needs to be provided with more powers like:

1. Powers to impose penalties.
2. Powers to grant monetary relief to victims.
3. Powers to investigate matters involving private parties.
4. In case of Armed forces, the powers of Commission need to be relooked and revised.

• Amendments in PHRA, 1993: The PHRA, 1993 is required to be reviewed and some clauses like enforceable nature of recommendations of the Commission, providing independent staff machinery and financial autonomy to the Commission etc. need to be incorporated. 
• Proactive role of the Commission: The President of India in her address on Human Rights day stated that issues like Climate change are forcing us to redefine human rights. Hence, the Commission should adopt a proactive approach to incorporate new forms of rights and make people aware of them in collaboration with civil society organisations.

Conclusion

With rise in awareness related to Human Rights and transformations happening in the society like same sex marriages, decriminalisation of homo-sexuality etc., the National Human Rights Commission should prepare itself to face new challenges and opportunities to ensure that rights of individuals remain protected under the Constitution and laws of the Country.