The National Human Rights Commission: Functions and Powers

In one line

The Commission may inquire on complaint or of its own motion, has the powers of a civil court to compel evidence, and may only recommend, with two exceptions: it may approach the Supreme Court or a High Court for directions, and its reports must be laid before the legislature with reasons for non-acceptance.

Section 12: the ten functions

Learn them by letter, because a question on the Commission's role is answered by walking the list.

(a) Inquire, suo motu, on a petition by a victim or any person on their behalf, or on a direction or order of any court, into a complaint of violation of human rights or abetment thereof, or negligence in the prevention of such violation, by a public servant.

(b) Intervene in any proceeding involving an allegation of violation of human rights pending before a court, with the approval of that court.

(c) Visit any jail or other institution under the control of the State Government where persons are detained or lodged for treatment, reformation or protection, notwithstanding anything in any other law, to study living conditions and make recommendations.

(d) Review the safeguards provided by or under the Constitution or any law for the protection of human rights, and recommend measures for their effective implementation.

(e) Review the factors, including acts of terrorism, that inhibit the enjoyment of human rights, and recommend remedial measures.

(f) Study treaties and other international instruments on human rights and make recommendations for their effective implementation.

(g) Undertake and promote research.

(h) Spread human rights literacy and promote awareness of the safeguards available, through publications, the media, seminars and other means.

(i) Encourage the efforts of non-governmental organisations and institutions working in the field.

(j) Such other functions as it considers necessary for the promotion of human rights.

Four observations that carry marks.

Clause (a) contains three doors: the victim's, anybody acting on their behalf, and the Commission's own motion, so standing is effectively unrestricted, and a court may also direct an inquiry.

Negligence in prevention is a separate head, so a failure to protect is within the mandate, which is the duty to protect in [Respect, Protect, Fulfil] appearing in an Indian statute.

Clause (c)'s "notwithstanding anything contained in any other law" is the only override in the section, and it exists because inspection of custodial institutions is the function most likely to meet statutory resistance.

And clause (f) is the treaty-monitoring function, which together with section 2(d) gives the Commission an express mandate over the two Covenants.

Recall from [The National Human Rights Commission: Constitution] that the seven deemed members sit for clauses (b) to (j) only, and not for the inquiry function in clause (a).