The Human Rights Commissions

In one line

A statutory Commission with the powers of a civil court, which can inquire into anything the State does and recommend everything except an order.

In the wording a student can write in an exam: the Protection of Human Rights Act 1993 constitutes the National Human Rights Commission under section 3, permits every State to constitute a State Human Rights Commission under section 21, and permits the specification of a Court of Session in each district as a Human Rights Court under section 30. Section 2(d) defines human rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India. Section 12 sets out the functions, of which the first is to inquire, on its own motion or on a petition, into a complaint of violation of human rights or of negligence in their prevention by a public servant. Section 13 gives the Commission all the powers of a civil court trying a suit. Section 18 confines it, on completion of an inquiry, to RECOMMENDING compensation or prosecution, or to approaching the Supreme Court or the High Court for directions. Section 36(2) bars an inquiry into anything more than a year old.

Why the Act was passed

The external reason. The Paris Principles adopted by the United Nations General Assembly in 1993 set out the standards for national human rights institutions, and India's Act belongs to the wave of national institutions created in that period.

The internal reason. A public interest petition under article 32 or 226 was, and is, an expensive remedy that requires a lawyer, a record and a court. What the Act adds is a body that can act on a postcard, on its own motion, and without a completed record.

And the honest reason to state in an answer. Allegations against the security forces in disturbed areas were being answered abroad, and a domestic institution with statutory standing is a better answer than a denial.

The Commission and how it is composed

Section 3. The Central Government shall constitute the National Human Rights Commission.

Its composition, after the amendment of 2019. A Chairperson who has been Chief Justice of India or a Judge of the Supreme Court; one Member who is or has been a Judge of the Supreme Court; one Member who is or has been the Chief Justice of a High Court; and three Members appointed from persons having knowledge of or practical experience in human rights, of whom AT LEAST ONE SHALL BE A WOMAN.

The ex officio Members, section 3(3). The Chairpersons of the National Commissions for Backward Classes, for Minorities, for Protection of Child Rights, for the Scheduled Castes, for the Scheduled Tribes and for Women, and the Chief Commissioner for Persons with Disabilities, are deemed Members for the functions in section 12(b) to (j). The Commission is therefore also the meeting point of the specialised Commissions worked in [The Safeguards: Seats, Services and Commissions], [The National Commission for Minorities], [The National Commission for Women] and [The Child Rights Commissions].