Question

Which of the following statement/s are incorrect regarding the National Human Rights Commission (NHRC)

1. It was established on October 12, 1993
2. It is a multi-member body with a chairperson, five full-time Members, and seven deemed Members.
3. It can investigate grievances regarding the violation of human rights either suo moto or after receiving a petition.
4. It was established in conformity with the Paris Principles
5. The NHRC also have the power to enforce decisions or punish violators of human rights

• A. 3, 4
• B. 5 only
• C. 3 only
• D. 2, 5

Answer 1

Answer:

B. 5 only

NHRC

• The National Human Rights Commission (NHRC) was established in 1993 under the Protection of Human Rights Act, 1993, by the Indian Parliament.
• The Act provides for the constitution of the NHRC, as well as the State Human Rights Commissions (SHRCs), and outlines their functions and powers.
• The NHRC was established in conformity with the 'Paris Principles'
• The 'Paris Principles' were adopted for the promotion and protection of human rights in Paris in October 1991 and endorsed by the United Nations General Assembly on December 20, 1993.

Composition

• NHRC is a multi-member body consisting of a chairperson, five full-time Members and seven deemed Members.
• The chairperson of the NHRC is a retired Chief Justice of the Supreme Court of India
• The chairperson and members are appointed by the President of India.
• The appointments are made based on the recommendations of a committee consisting of :
  • The Prime Minister (as the head of the committee),
  • The Speaker of the Lok Sabha
  • The Deputy Chairman of the Rajya Sabha
  • The leaders of the Opposition in both the Houses of Parliament
  • The Union Home Minister.
• The chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.
• The President can remove the chairperson or any member from office under certain circumstances, such as proved misbehavior or incapacity, subject to an inquiry conducted by a Supreme Court Judge.

Powers & Limitations: 

• Proactively or reactively (either suo moto or after receiving a petition) 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 works 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.
  
  
• The NHRC does not have the power to enforce decisions or punish violators of human rights. Its functions are mainly recommendatory in nature.
• While it can investigate and make recommendations, it does not have the authority to enforce its decisions or impose penalties on violators.
• Enforcement actions are typically carried out by relevant judicial or law enforcement authorities.