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Human Rights Commissions in India

Introduction​

Human rights commissions play a crucial role in promoting and protecting human rights in India. This page provides an overview of the key aspects of human rights commissions in India, including relevant legal sections and case studies.

National Human Rights Commission (NHRC)​

The NHRC was established under the Protection of Human Rights Act, 1993 (Section 2). It replaced the National Human Rights Council set up in 1991.

Key provisions:

  • Section 3: Composition of the Chairperson and Members
  • Section 5: Powers and Functions

State Human Rights Commissions (SHRCs)​

State-level commissions were established under the same act (Section 21).

Key provisions:

  • Section 22: Composition of the Chairperson and Members
  • Section 24: Powers and Functions

Case Studies​

NHRC vs. Union of India (2014)​

In this landmark case, the NHRC challenged the constitutionality of certain provisions of the Armed Forces Special Powers Act (AFSPA) in Jammu and Kashmir.

Legal section: Section 7 of the AFSPA (Section 6 of the case) Case outcome: The Supreme Court upheld the constitutionality of AFSPA but directed the government to review its application annually.

PUCL vs. Union of India (2003)​

This case involved a challenge to the Prevention of Terrorism Ordinance (POTO), which was later enacted as the Prevention of Terrorism Act (POTA).

Legal section: POTA (Section 20 of the case) Case outcome: The Supreme Court struck down several provisions of POTA as unconstitutional.

Role of Human Rights Commissions​

Human rights commissions in India have several key roles:

  1. Investigating complaints of human rights violations
  2. Recommending compensation to victims
  3. Conducting inquiries into matters of public importance
  4. Submitting annual reports to Parliament

Challenges Faced by Human Rights Commissions​

Despite their importance, human rights commissions face several challenges:

  1. Limited powers compared to other constitutional bodies
  2. Lack of teeth to enforce recommendations
  3. Political interference in appointments and functioning
  4. Resource constraints

Conclusion​

Human rights commissions play a vital role in promoting and protecting human rights in India. While they face numerous challenges, their existence and functioning are crucial for ensuring accountability and justice in human rights cases.

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