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Chapter 48: NATIONAL HUMAN RIGHTS COMMISSION
Introduction
It is autonomous, statutory body
created in 1993. It is the watchdog of human rights in the
country.
Functions:
- Proactively
or re-actively inquire into violations of human rights
or negligence in the prevention of such violation by a public servant
- By
leave of the court, to intervene in court proceeding
relating to human rights
- To
visit any jail
or other institution under the control of the state
government, where persons are detained or lodged for
purposes of treatment, reformation or protection, for
the study of the living conditions of the inmates and
make recommendations
- Review
the safeguards provided by or under the constitution
or any law for the time being in force for 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
- 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 NGO's and institutions working in the
field of human rights
- Such
other function as it may consider it necessary for the
protection of human rights.
Appointments:
The
Chairperson and members of the NHRC are appointed by the
President of India, on
the recommendation of a committee consisting of:
- The
Prime Minister (chairperson)
- The
Home Minister
- The
Leader of the Opposition in the Lok Sabha (House of the
People)
- The
Leader of the Opposition in the Rajya Sabha (Council of
States)
- The
Speaker of the Lok Sabha (House of the People)
- The
Deputy Chairman of the Rajya Sabha (Council of States)
The
NHRC (National Human Rights Commission) consists of:
- A
Chairperson, retired Chief Justice of India
- One
Member who is, or has been, a Judge of the Supreme Court
of India
- One
Member who is, or has been, the Chief Justice of a High
Court
- Two
Members to be appointed from among persons having
knowledge of, or practical experience in, matters
relating to human rights
- In
addition, the Chairpersons of four National Commissions
of (1.Minorities 2.SC and ST 3.Women) serve as ex
officio members.
A sitting judge of SC or chief
justice of HC can be appointed only after recommendations
of CJI. Once the
members cease to occupy office they aren’t eligible for
any appointment under
central or state government. Term is 70 yrs of age or 5
years.
Removal is done by president on
grounds of bankruptcy, unsound mind, infirmity of body
or mind, sentenced to
imprisonment for a crime, or engages in paid employment.
He can also be removed
for proved misbehaviour or incapacity if SC enquiry
finds him guilty. They can
resign by writing to president.
Powers:
The commission has the power of a
civil court and can take cognisance of cases if received
within one year of occurrence.
It can recommend compensation to victim,
prosecution of accused. But such
recommendations aren’t binding.
It submits special or annual reports to
parliament and state legislatures along with action taken
on their
recommendations and reasons for non acceptance of advice.
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