NATIONAL HUMAN RIGHTS COMMISSION (NHRC) - POLITY

News: Rajasthan govt gets NHRC notice over girls' auction'

What's in the news?

       The NHRC issued a notice to the Rajasthan government over reports that girls are "being auctioned on stamp paper" in half a dozen districts of the state and the refusal there of is resulting in the "rape of their mothers to settle financial disputes on the diktats of caste panchayats".

       The National Human Rights Commission (NHRC) has taken suo motu cognisance of a media report, it said in a statement. 

National Human Rights Commission:

       The National Human Rights Commission (NHRC) of India is a statutory public body.

       It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA).

       The NHRC is responsible for the protection and promotion of human rights, defined by the act as “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".

       NHRC was established in compliance with the Paris Principles of Human Rights, 1991 which were adopted for the promotion and protection of Human Rights and were endorsed by the United Nations at its General Assembly of 1993.

Functions:

       Proactively or reactively inquire into violations of human rights by Government of India or negligence of such violation by a public servant.

       The protection of human rights and recommend measures for their effective implementation.

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

       To study treaties and other international instruments on human rights and make recommendations for their effective implementation.

       Undertake and promote research in the field of human rights.

       To visit jails and study the condition of inmates.

       Engage in human rights education among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means.

       Encourage the efforts of NGOs and institutions that work in the field of human rights voluntarily.

       Considering the necessity for the protection of human rights.

       Requisitioning any public record or copy thereof from any court or office.

Composition:

       The NHRC consists of the chairperson and five members (excluding the ex-officio members).

       A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court.

       One member who is, or has been, a Judge of the Supreme Court of India and one member who is, or has been, the Chief Justice of a High Court.

       Three Members, out of which at least one shall be a woman to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.

       In addition, the Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities serve as ex officio members.

       The sitting judge of the Supreme Court or sitting Chief Justice of any High Court can be appointed only after consultation with the Chief Justice of the Supreme Court. 

Term:

        3 years or 70years whichever is earlier.

       Eligible for re-appointment.

       After tenure, both chairperson and members are not eligible for further employment under the Central or a state government.

Appointment of NHRC Members:

A Selection Committee will recommend the candidates to the President.

The Selection Committee includes:

       Prime Minister (Chairman)

       Speaker of Lok Sabha

       Union Home Minister

       Deputy Chairman of Rajya Sabha

       Leaders of the Opposition in both Houses of the Parliament.

Removal:

President can remove the chairperson or any member:

       Adjudged an insolvent

       Engaged in paid employment outside his duties

       Unfit to continue / infirmity of mind or body

       Unsound mind

       Convicted and sentenced to imprisonment

       Misbehavior / incapacity (President refer to SC for enquiry)

       Salaries, allowances and other conditions of service of the chairperson or a member are determined by the Central government and cannot be varied to his disadvantage.