Protection and Enforcement of Human Rights in India: NHRC and National Commissions

• Article 32 (Dr. B.R. Ambedkar called it the “heart and soul” of the Constitution) and Article 226 give the right to move the Supreme Court and High Courts for enforcement of rights through writs (habeas corpus, mandamus, prohibition, certiorari and quo warranto). The Supreme Court can act also on letters and on its own motion.

• Public interest litigation: the relaxation of locus standi in S.P. Gupta v. Union of India (1981, the Judges Transfer case), Hussainara Khatoon v. State of Bihar (1979, undertrial prisoners), Bandhua Mukti Morcha v. Union of India (1984) and People’s Union for Democratic Rights v. Union of India (1982).

• Compensation as a public-law remedy: Rudul Sah v. State of Bihar (1983, first award for illegal detention), Bhim Singh v. State of J&K (1985), Sebastian Hongray v. Union of India (1984), Nilabati Behera v. State of Orissa (1993), D.K. Basu v. State of West Bengal (1997).

• Custodial rights and police: D.K. Basu (1997) laid down arrest and detention guidelines; Joginder Kumar v. State of U.P. (1994) on arrest; Prakash Singh v. Union of India (2006) on police reforms; People’s Union for Civil Liberties v. State of Maharashtra (2014) on the procedure for investigating police encounters.

• Armed forces: Naga People’s Movement of Human Rights v. Union of India (1997) upheld the Armed Forces (Special Powers) Act 1958; Extra Judicial Execution Victim Families Association v. Union of India (2016) held that there is no absolute immunity for excesses in AFSPA areas.

• Human Rights Courts (PHRA ss.30–31): the State Government, with the concurrence of the Chief Justice of the High Court, may specify a Court of Session in each district as a Human Rights Court for speedy trial of offences arising from violations of human rights, and appoint a Special Public Prosecutor.

• The Principles relating to the Status of National Institutions (Paris Principles), endorsed by the UN General Assembly in 1993 (Resolution 48/134, 20 December 1993), require national human rights institutions to have a broad mandate, independence (appointment and tenure), pluralism, adequate resources and investigative powers.

• Accreditation is carried out by the Global Alliance of National Human Rights Institutions (GANHRI) through its Sub-Committee on Accreditation: A status means full compliance and B status partial compliance. India’s NHRC has held A status, but its re-accreditation was deferred in 2023 and the sub-committee reportedly recommended downgrading in April 2025; check the latest status.

Origin. The NHRC was constituted on 12 October 1993 under an Ordinance, and the Protection of Human Rights Act 1993 received assent on 8 January 1994 (deemed in force from 28 September 1993). The Act has been amended in 2006 (changes to the structure and working of the Commissions) and in 2019 (composition, tenure and eligibility). The first Chairperson was Justice Ranganath Misra. Its seat is in New Delhi. The Chairperson since December 2024 is Justice V. Ramasubramanian (check for later changes).

Definition clauses (s.2). “Human rights” (s.2(1)(d)) and “International Covenants” (s.2(1)(f)), as in section 6 above; “armed forces” means the naval, military and air forces and includes any other armed forces of the Union (s.2(1)(a)).

Composition (s.3, as amended in 2019)

Appointment (s.4). The Chairperson and Members are appointed by the President on the recommendation of a committee consisting of: the Prime Minister (Chairperson), the Speaker of the Lok Sabha, the Minister in charge of the Ministry of Home Affairs, the Leader of the Opposition in the Lok Sabha, the Leader of the Opposition in the Rajya Sabha, and the Deputy Chairman of the Rajya Sabha. A sitting Judge of the Supreme Court or Chief Justice of a High Court can be appointed only after consultation with the Chief Justice of India. No appointment is invalid merely because of a vacancy in the committee.

Term and eligibility (s.6). The Chairperson and Members hold office for three years or until the age of 70, whichever is earlier (before 2019: five years or 70), and are eligible for reappointment. On ceasing to hold office, they are ineligible for further employment under the Central or State Government.

Removal (s.5). The President may remove the Chairperson or a Member for proved misbehaviour or incapacity only after the Supreme Court, on a reference by the President, has held an inquiry and reported that the person ought to be removed. The President may also remove by order a person who (a) is adjudged insolvent; (b) engages during his term in paid employment outside the duties of his office; (c) is unfit to continue by reason of infirmity of mind or body; (d) is of unsound mind and so declared by a competent court; or (e) is convicted and sentenced to imprisonment for an offence which, in the President’s opinion, involves moral turpitude. Resignation is by a letter addressed to the President. The model is the same as for removal of a Judge, except that the Supreme Court makes the inquiry on the President’s reference.

Functions (s.12). The Commission shall:

• (a) inquire, suo motu or on a petition by a victim or a person on his 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 jails and other institutions under the control of the State Government where persons are detained or lodged for treatment, reformation or protection, and study the living conditions of inmates (under intimation to the State Government);

• (d) review the safeguards for the protection of human rights under the Constitution or any law and recommend measures for 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 in the field of human rights;

• (h) spread human rights literacy among various sections of society and promote awareness of the safeguards;

• (i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights;

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

Powers and procedure. Powers of a civil court under the CPC while trying a suit (summoning and examining witnesses, discovery and production of documents, receiving evidence on affidavits, requisitioning public records, issuing commissions) (s.13); the Commission may use the services of any officer or investigating agency of the Central or State Government, with concurrence (s.14); it may regulate its own procedure. It deals with a complaint free of charge and in any language.

Limits.

• Limitation (s.36(2)): the Commission may not inquire into a matter after one year from the date on which the alleged act was committed.

• Pending matters (s.36(1)): it shall not inquire into a matter pending before a State Commission or any other Commission duly constituted under any law.

• Armed forces (s.19): for complaints of violation by members of the armed forces, the Commission may only seek a report from the Central Government and make recommendations; it has no power to investigate independently.

• Recommendatory nature: the Commission’s findings are not binding. Under s.18, it may recommend prosecution or other action, approach the Supreme Court or High Court for directions or writs, recommend interim relief to victims, and publish its report. The concerned Government must forward its comments and the action taken on the recommendation within one month (or such longer time as the Commission allows). The Commission submits an annual report to the Central Government, which is laid before Parliament with a memorandum of action taken (s.20).

• NHRC Procedure Regulations, 1994 list grounds on which complaints are ordinarily not entertained, such as anonymous or vague complaints, matters that are sub judice, service matters, and matters older than one year.

Notable NHRC and court interactions: the Supreme Court referred the case of mass illegal cremations in Punjab to the NHRC (Paramjit Kaur v. State of Punjab, 1999); the NHRC itself moved the Supreme Court to protect Chakma refugees in Arunachal Pradesh (NHRC v. State of Arunachal Pradesh, 1996); the NHRC issued guidelines on reporting of encounter deaths (2003, revised in 2010).

• Statute: National Commission for Women Act 1990; constituted on 31 January 1992. First Chairperson: Jayanti Patnaik.

• Composition (s.3): a Chairperson committed to the cause of women; five Members nominated by the Central Government from persons of ability, integrity and standing with experience in law or legislation, trade unionism, management of an industry employing women, women’s voluntary organisations, administration, economic development, health, education or social welfare; at least one Member from SC and one from ST; a Member-Secretary (an expert in management, organisational structure or sociological movement, or an officer of the civil service). The Chairperson and Members hold office for a term not exceeding three years (s.4).

• Functions (s.10): investigate and examine the safeguards provided for women under the Constitution and other laws; present annual and special reports to the Central Government; review existing laws and suggest amendments; take up cases of violation of the provisions of the Constitution and other laws relating to women with the appropriate authorities; look into complaints and take suo motu notice of the deprivation of women’s rights or non-implementation of protective laws; participate and advise on the socio-economic development planning process; inspect jails, remand homes and other places of custody; fund litigation involving issues affecting a large body of women; and undertake promotional and educational research.

• Powers (s.8): civil court powers while investigating matters (summoning, discovery, evidence on affidavits, public records, commissions).

• Nature: a recommendatory body; it cannot adjudicate or impose penalties. Chairperson since October 2024: Vijaya Rahatkar (check).

• Statute: National Commission for Minorities Act 1992. The Minorities Commission was first set up by a Government resolution on 12 January 1978; it became statutory in 1992 and the NCM began functioning on 17 May 1993. It is under the Ministry of Minority Affairs.

• Notified minorities: Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) (1993); Jains (2014).

• Composition (s.3): a Chairperson, a Vice-Chairperson and five Members, nominated by the Central Government from persons of eminence, ability and integrity; five of the seven (including the Chairperson) must be from the minority communities. Term: three years (s.4).

• Functions (s.9): evaluate the progress of the development of minorities under the Union and the States; monitor the working of the constitutional and legal safeguards; make recommendations for their effective implementation; look into specific complaints regarding deprivation of rights and safeguards and take them up with the authorities; cause studies and research on discrimination; suggest measures; make periodical and special reports to the Central Government.

• History: The original Art. 338 provided a Special Officer (Commissioner for SC and ST). The 65th Amendment 1990 replaced it with a multi-member National Commission for SC and ST (from 1992). The 89th Amendment 2003 split it into the NCSC (Art. 338) and the NCST (Art. 338A), effective from 19 February 2004. The Ministry of Tribal Affairs was created in 1999.

• Composition: each Commission has a Chairperson, Vice-Chairperson and three other Members, appointed by the President by warrant under his hand and seal; conditions of service and tenure are determined by rules made by the President (three-year terms in practice).

• Functions (Art. 338(5) and Art. 338A(5)): investigate and monitor all matters relating to the safeguards provided for SC (or ST) under the Constitution or any other law or Government order and evaluate their working; inquire into specific complaints about deprivation of rights; participate and advise on the planning process of socio-economic development of SC (or ST) and evaluate progress; present annual reports to the President (laid before Parliament with a memorandum of action taken, Art. 338(6)); recommend measures for effective implementation of safeguards and for welfare and development; and discharge other functions as the President may specify. NCST also has functions regarding forest rights, minor forest produce, and displacement of tribal communities.

• Powers (Art. 338(8) and 338A(8)): the Commission has all the powers of a civil court while investigating or inquiring into complaints (summoning, discovery, evidence on affidavits, requisitioning public records, issuing commissions).

• Consultation (Art. 338(9)): the Union and every State Government must consult the Commission on all major policy matters affecting SC (or ST).

• History: The First Backward Classes Commission (Kaka Kalelkar, 1953) and the Second (B.P. Mandal, 1979; report 1980; 3,743 castes and communities identified; recommended 27% reservation, implemented in 1990 by the V.P. Singh Government) were set under Art. 340. After Indra Sawhney (1992), the National Commission for Backward Classes Act 1993 created a statutory NCBC, with the task of examining requests for inclusion in and complaints of over-inclusion or under-inclusion in the lists of backward classes.

• Constitutional status: the 102nd Constitution Amendment Act 2018 inserted Art. 338B (NCBC as a constitutional body, in force from 15 August 2018), Art. 342A (President specifies the socially and educationally backward classes for each State and Union Territory, Parliament may amend the list), and Art. 366(26C); the 1993 Act was repealed. The 105th Amendment 2021 restored the power of States and Union Territories to prepare their own lists of SEBCs.

• Composition: Chairperson, Vice-Chairperson and three other Members, appointed by the President by warrant under hand and seal.

• Functions (Art. 338B(5)): investigate and monitor safeguards for socially and educationally backward classes; inquire into specific complaints; participate and advise on the planning process of their socio-economic development; present annual reports to the President; recommend measures; and discharge other functions. It also has the civil court powers (Art. 338B(8)). The Centre and States must consult the NCBC on major policy matters (this requirement was removed for State lists by the 105th Amendment).

• Sub-categorisation: the Rohini Commission (appointed under Art. 340 in 2017, chaired by Justice G. Rohini, a former Chief Justice of the Delhi High Court) examined sub-categorisation of OBCs and submitted its report in July 2023.

Related bodies: National Commission for Protection of Child Rights (Commissions for Protection of Child Rights Act 2005; set up in 2007); Chief Commissioner for Persons with Disabilities (RPwD Act 2016); National Commission for Safai Karamcharis (set up under an Act of 1993, now continuing as a non-statutory body with extended terms; check present term); National Legal Services Authority (1987 Act).

• Recommendatory, non-binding orders; dependence on government for investigation; one-year limitation; restricted jurisdiction over the armed forces; limited funds and staff; delay and low representation of civil society; and the appointment committee being dominated by the ruling side. Reform proposals include binding force for recommendations, an independent investigation staff, a longer limitation period, and a more balanced selection process (the Paris Principles on pluralism and independence).