Role & Powers of the National Human Rights Commission – How NHRC Acts During Rights Violations

Why in the News?

Following the suicide of a Class 10 student in Delhi, the National Human Rights Commission (NHRC) issued notices to the District Magistrate and Deputy Commissioner of Police (Central Delhi). This incident has brought renewed attention to how NHRC functions, the scope of its powers, and frequent criticism that the body lacks enforcement strength.

NHRC Chairperson Justice V. Ramasubramanian responded to media commentary by clarifying that the Commission holds civil court–like powers, including summoning witnesses and enforcing attendance, and that its recommendations are indeed implemented.

Recent Instances Where NHRC Intervened

• March 3: Ordered an on-spot inquiry into the alleged suicide of a Nepalese engineering student at KIIT, Bhubaneswar.
• November 6: Issued notices to the Railway Board and RPF DG regarding the alleged murder of an army jawan inside a train passing through Rajasthan.
• October 15: Took suo motu cognisance of media reports on the alleged custodial torture of a teenager in Rajkot, Gujarat.
• September 13: Sent notice to Assam Police over the assault of a journalist near Lumding Railway Institute.
• December 26, 2024: Sought a response from Kerala on the high suicide rate among tribal communities in Peringammala Panchayat.

These interventions highlight NHRC’s role in stepping in when state mechanisms fail or when human rights concerns escalate.

Statutory Basis of NHRC

The NHRC was established under the Protection of Human Rights Act, 1993, as amended. Its mandate covers monitoring, protecting, promoting, and enforcing human rights across India.

Functions of the NHRC (Section 12)

1. Inquiry Into Human Rights Violations

NHRC may conduct investigations:

• Suo motu
• On a petition by a victim or any concerned person
• For negligence by public servants in preventing violations
• For abetment of violations

2. Intervention in Court Proceedings

With court approval, NHRC may intervene in cases involving human rights breaches.

3. Jail & Institution Visits

• Can inspect prisons, detention centres, juvenile homes, protection homes, etc.
• Reviews living conditions and issues recommendations.

4. Review of Constitutional & Legal Safeguards

• Examines how effectively rights are protected under laws and the Constitution.
• Suggests improvements for enforcement.

5. Assessing Factors Inhibiting Rights

• Reviews issues such as terrorism, discrimination, and systemic failures.

6. Examination of Treaties & International Instruments

• Advises government on aligning domestic policies with global human rights standards.

7. Human Rights Awareness

• Conducts workshops, publications, campaigns, seminars.
• Promotes human rights literacy.

8. Supporting NGOs & Civil Society

• Encourages non-governmental organisations working in the human rights field.

NHRC’s Powers Related to Inquiries (Section 13)

When conducting an inquiry, NHRC has powers equivalent to a civil court under the Code of Civil Procedure, 1908:

• Summon and enforce the attendance of witnesses
• Require discovery and production of documents
• Receive evidence through affidavits
• Requisition public records from courts/government offices
• Issue commissions for examination of witnesses or documents
• Transfer complaints to State Human Rights Commissions for disposal

These powers counter the perception that NHRC is "toothless".

Investigative Powers (Section 14)

NHRC may:

• Call for information or reports from central/state governments or authorities
• Proceed with inquiry if no report is received within the given timeline
• Use officers or investigation agencies of the Central or State Governments
• Require reports from such agencies within a specified period

Recommendation Powers (Section 18)

If NHRC finds a violation occurred, it may recommend:

• Compensation/damages to the victim or family
• Prosecution or disciplinary action against responsible officials
• Immediate interim relief to the victim
• Steps for improved safeguards

Government agencies are expected to respond within the timelines prescribed by the Act.

Inquiry Procedures (Section 17)

• NHRC may call for statements, conduct hearings, examine witnesses, and access relevant records.
• Inquiry reports are shared with the concerned government for action taken responses.
• Findings may be publicised to ensure transparency.

Why NHRC Faces Criticism

Despite wide powers, NHRC is often called a "toothless tiger" because:

• Its recommendations are not binding
• Relies heavily on government agencies for investigation
• Delays in report submissions reduce effectiveness
• Jurisdictional limitations (e.g., cannot act against armed forces beyond certain inquiries)

However, the Commission argues that a majority of its recommendations are implemented, though with time delays.

Significance of NHRC

• Acts as a watchdog against state excesses and institutional failures
• Provides an accessible platform for victims
• Strengthens India’s democratic accountability
• Ensures compliance with international human rights norms