National Human Rights Commission (NHRC): Powers, Functions, and Key Challenges – Part 2

National Human Rights Commission (NHRC): Powers, Functions, and Challenges – (Part 02)

Welcome back to our deep dive into the National Human Rights Commission of India! In Part 01, we covered the genesis, establishment, and composition of the NHRC, understanding its foundational role as the watchdog of human rights in the country. In this crucial Part 02, we shift our focus to the operational heart of the NHRC – its detailed powers and functions, the significant challenges it confronts in its vital work, and the impact of recent amendments.

Understanding these aspects is key to appreciating the NHRC's role in safeguarding the rights enshrined in the Constitution and international covenants, as well as recognizing the systemic limitations it faces.

1. Recapping the Mandate: The Foundation

The National Human Rights Commission (NHRC) is a statutory body established under the Protection of Human Rights Act (PHRA), 1993. Its mandate stems from the need to protect and promote 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."

Operating independently, the NHRC is guided by the Paris Principles, which are international standards relating to the status and functioning of national institutions for the protection and promotion of human rights.

2. Delving into the Powers of the NHRC

While the NHRC's primary tool is often perceived to be making recommendations, the PHRA, 1993 vests it with significant powers to effectively inquire into complaints of human rights violations. For the purposes of conducting inquiries into complaints, the Commission is vested with all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908.

These civil court powers are crucial for the NHRC to conduct thorough investigations. They include:

• Summoning and enforcing the attendance of any person from any part of India and examining them on oath.
• Requiring the discovery and production of any document.
• Receiving evidence on affidavits.
• Requisitioning any public record or copy thereof from any court or office.
• Issuing commissions for the examination of witnesses or documents.
• Any other matter which may be prescribed.

Explanation: These powers enable the NHRC to gather evidence, record testimonies, and access official documents necessary to investigate a complaint properly. It can compel the appearance of witnesses and the production of relevant records, lending its inquiry process a degree of judicial authority, often referred to as a quasi-judicial function.

Beyond these civil court powers related to inquiries, the NHRC also has the power to:

• Utilize the services of any officer or investigation agency of the Central Government or any State Government for the purpose of conducting investigations. The Commission also has its own investigation team headed by a Director General of Police.
• Recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons.
• Recommend to the concerned Government or authority the grant of immediate interim relief to the victim or the members of his family.
• Approach the Supreme Court or the High Court for any directions, orders or writs.
• Visit any jail or any 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 thereon. This can be done even without prior intimation to the state governments (a power added by the 2006 amendment).

Conceptual Visual: NHRC's Inquiry Powers Flowchart

graph TD
    A[Complaint Received or Suo Motu] --> B{Initiate Inquiry};
    B --> C[Exercise Civil Court Powers];
    C --> D{Gather Evidence & Information};
    D --> E[Investigation by NHRC Team or Govt Agency];
    E --> F{Findings and Recommendations};
    F --> G[Forward Report to Concerned Authority];
    G --> H{Monitor Compliance (Limited)};

Explanation: This flowchart illustrates the typical process the NHRC follows upon receiving a complaint or taking suo motu cognizance. The exercise of civil court powers is integral to the evidence gathering and investigation phases, leading to findings and recommendations forwarded to the relevant government authority. The monitoring of compliance, however, highlights one of the key challenges, as discussed later.

3. Exploring the Multifaceted Functions of the NHRC

The functions of the NHRC are not limited to just investigating complaints. Section 12 of the PHRA, 1993 outlines a broad spectrum of functions aimed at promoting and protecting human rights across India. These functions can be broadly categorized:

• Investigative Functions:

  • Inquiring, suo motu or on a petition, into complaint of violation of human rights or negligence in the prevention of such violation by a public servant.
  • Intervening in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.
  • Visiting jails and other detention places to study inmate conditions and make recommendations.

• Review & Advisory Functions:

  • Reviewing the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommending measures for their effective implementation.
  • Reviewing the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommending appropriate remedial measures.
  • Studying treaties and other international instruments on human rights and making recommendations for their effective implementation.
  • Advising the central and state governments on issues related to human rights protection.

• Promotional & Awareness Functions:

  • Promoting human rights literacy among various sections of society and promoting awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means.
  • Encouraging the efforts of Non-Governmental Organisations (NGOs) and institutions working in the field of human rights.
  • Undertaking and promoting research in the field of human rights.

• Reporting Function:

  • Presenting annual and special reports to the President of India, which are then laid before both Houses of Parliament and the concerned State Governments. These reports detail the Commission's activities, findings, and recommendations.

Explanation: This range of functions demonstrates that the NHRC's role extends beyond being a grievance redressal body. It actively engages in studying human rights issues, advising the government on policy and legal reforms, promoting awareness, and collaborating with civil society, aiming for a holistic approach to human rights protection.

4. Navigating the Challenges Faced by the NHRC

Despite its broad mandate and significant powers, the NHRC faces several inherent and operational challenges that can impede its effectiveness. These limitations are widely discussed and are crucial for a complete understanding of the institution.

• Recommendations are Not Legally Binding: This is arguably the most significant challenge. The NHRC can only make recommendations to the concerned government or authority; it lacks the power to enforce these recommendations or penalize authorities for non-compliance. This limits its ability to ensure accountability and can lead to its recommendations being ignored or significantly delayed in implementation. The term "toothless tiger" has been used to describe the NHRC in this context.

• Limited Jurisdiction:

  • Armed Forces: The NHRC's jurisdiction over human rights violations by members of the armed forces is restricted. While it can inquire into such matters, it has to rely on a report sought from the Central Government and cannot conduct its own independent investigation in such cases. This limitation is particularly criticized given the potential for human rights abuses in areas with a significant presence of armed forces. The Protection of Human Rights (Amendment) Act, 2019 did not significantly alter this limitation, although reforms have been suggested to expand this jurisdiction.
  • Private Parties: The NHRC's jurisdiction is generally limited to violations committed by public servants or those acting under the authority of the state. It cannot directly inquire into violations committed by private individuals or entities. This leaves a gap in addressing human rights issues that arise from the actions of non-state actors.

• Lack of Independent Investigative Machinery: While the NHRC has its own investigation division, it often has to rely on the investigative machinery of the Central or State Governments. This can raise concerns about impartiality, especially when the allegations are against state actors. There is a need for a truly independent cadre of investigative staff.

• Resource Constraints: The NHRC often faces limitations in terms of inadequate funding, staffing shortages, and infrastructure, which can affect its capacity to handle the large number of complaints it receives and conduct effective investigations.

• Time Limitation: The NHRC cannot inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed. This one-year limitation can exclude many genuine grievances, particularly in cases where victims may face difficulties in reporting within a year.

• Delayed Appointment and Composition Concerns: Delays in the appointment of the Chairperson and members have been a concern. While the 2019 amendment broadened the eligibility criteria for the Chairperson (to include a Supreme Court Judge, not just a former CJI) and increased the number of members with human rights knowledge (from two to three, with at least one woman), concerns about the composition still exist, with critics arguing for greater representation from civil society and human rights activists rather than predominantly retired judges and bureaucrats. The selection committee's composition has also raised questions about potential political influence.

• Bureaucratic Functioning: Like many large institutions, the NHRC can sometimes be perceived as having a bureaucratic approach, leading to delays in processing complaints.

• International Standing: The Global Alliance of National Human Rights Institutions (GANHRI) has previously deferred the accreditation of India's NHRC, citing concerns regarding its compliance with international standards, including transparency in the appointment process and diversity in composition.

Conceptual Visual: Challenges Faced by NHRC

graph TD
    A[NHRC Challenges] --> B{Non-Binding Recommendations};
    A --> C{Limited Jurisdiction};
    C --> C1[Armed Forces];
    C --> C2[Private Parties];
    A --> D{Lack of Independent Investigation};
    A --> E{Resource Constraints};
    A --> F{One-Year Time Limit};
    A --> G{Composition & Appointment Issues};
    A --> H{Bureaucratic Functioning};
    A --> I{International Accreditation Concerns};

Explanation: This diagram visually summarizes the key challenges the NHRC faces, branching out from the central concept of "NHRC Challenges." It highlights the interconnected nature of these issues, where limitations in one area can exacerbate problems in others (e.g., resource constraints affecting investigative capacity).

5. The Protection of Human Rights (Amendment) Act, 2019

The PHRA, 1993 has been amended to address some of the operational aspects and concerns. The Protection of Human Rights (Amendment) Act, 2019 brought about significant changes:

• Eligibility for Chairperson: A person who has been a Judge of the Supreme Court is also made eligible to be appointed as Chairperson of the NHRC, in addition to a person who has been the Chief Justice of India.
• Composition: The number of members with knowledge and practical experience in human rights has been increased from two to three, and at least one of them shall be a woman.
• Ex-officio Members: The Chairpersons of the National Commission for Backward Classes, the National Commission for the Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities have been included as deemed members of the NHRC.
• Term of Office: The term of office for the Chairperson and members of the NHRC (and State Human Rights Commissions) was reduced from five years to three years or until the age of seventy years, whichever is earlier.
• Reappointment: The Act allows for the reappointment of the Chairperson and members. The 2019 amendment removed the previous five-year limit for reappointment, making them eligible for reappointment.
• Powers of Secretary-General: The Secretary-General of the NHRC (and Secretary of a SHRC) are empowered to exercise all administrative and financial powers (except judicial functions), subject to the control of the respective Chairperson.
• Union Territories: The Central Government can confer human rights functions regarding Union Territories (except Delhi, which the NHRC handles) on a State Human Rights Commission.

Explanation: These amendments aimed to make the NHRC more inclusive, efficient, and potentially address some practical difficulties in appointments. The reduction in tenure and eligibility for reappointment were significant changes, intended perhaps to allow for a faster rotation of members and potentially broader representation over time.

6. Relevant Case Laws

While the enforceability of NHRC's recommendations has been a recurring theme, several cases highlight the nature of its powers and the judiciary's view.

• Punjab Cremation Case: The NHRC's intervention and recommendations regarding compensation for victims in the Punjab extra-judicial cremations case is a prominent example of its impact, even though its recommendations for compensation are ultimately advisory and depend on government acceptance. This case demonstrated the NHRC's ability to bring to light large-scale human rights violations and recommend redressal, pushing for accountability.
• Calcutta High Court Judgment (2023): In a case concerning the appointment of a 'Special Human Rights Observer' for Panchayat Elections in West Bengal, the Calcutta High Court held that the NHRC's direction was not within its jurisdiction and powers under Section 12 of the PHRA, 1993, particularly in taking pre-emptive steps based on media reports without specific allegations against public servants. The Court emphasized that a complaint is a pre-requisite for initiating action under Section 13(1) of the Act and that the NHRC cannot encroach upon the jurisdiction of a Constitutional Authority like the State Election Commission. This case underscores the judicial scrutiny of the boundaries of NHRC's suo motu powers and its jurisdiction vis-à-vis other constitutional bodies.
• Kiran Singh vs National Human Rights Commission & Ors (2025): A recent case before the Delhi High Court touched upon the NHRC's powers, reiterating that the NHRC exercises powers like a Civil Court under Section 13 and that the operative portion of its order is important. The case also highlighted the NHRC's stance that it does not have the power under the Act to direct a CBI inquiry in certain circumstances and that its award of compensation, while made, was not being actively sought for enforcement by the NHRC in that specific instance, reflecting the limitation of enforceability.

Explanation: These cases, though a few examples, illustrate the judicial interpretation of NHRC's powers. While its civil court powers for inquiry are recognized, its ability to issue binding directions or intervene pre-emptively can be subject to judicial review and limitation.

7. Way Forward: Strengthening the NHRC

Given the challenges, several suggestions have been made to enhance the effectiveness of the NHRC:

• Granting Enforcement Powers: Empowering the NHRC with the authority to ensure compliance with its recommendations would significantly enhance its impact and accountability.
• Expanding Jurisdiction: Extending its mandate to explicitly cover human rights violations by private entities and expanding its powers to independently investigate cases involving armed forces are crucial steps.
• Strengthening Investigative Capacity: Providing the NHRC with its own independent, well-trained, and adequately staffed investigative cadre, recruited directly by the Commission, would improve impartiality and efficiency.
• Financial Autonomy: Ensuring financial independence, perhaps through a dedicated budget not controlled by the government, could enhance its operational autonomy.
• Addressing Composition Concerns: While the 2019 amendment made changes, further steps to ensure greater diversity and inclusion of human rights experts and civil society members in the Commission's composition could enhance its credibility and perspective.
• Reducing Time Limit Rigidity: Reviewing the strict one-year limitation on entertaining complaints to allow for some flexibility in exceptional circumstances could address a major hurdle for victims.
• Granting Contempt Powers: Providing the NHRC with powers of contempt could deter non-compliance with its summons or production orders during inquiries.
• Increasing Awareness and Accessibility: Enhanced public awareness campaigns and easier accessibility for filing complaints, particularly in remote areas, can increase its reach and effectiveness.

Explanation: These suggestions reflect the consensus among experts and stakeholders on the need to move the NHRC from being solely a recommendatory body to a more empowered and independent institution capable of effectively protecting human rights in practice.

8. Conclusion

The National Human Rights Commission of India, established under the PHRA, 1993, possesses significant powers akin to a civil court for conducting inquiries and performs a wide array of functions encompassing investigation, review, promotion, and advocacy of human rights. The Protection of Human Rights (Amendment) Act, 2019 introduced notable changes to its composition and tenure.

However, the NHRC operates under considerable limitations, most notably the non-binding nature of its recommendations and restrictions on its jurisdiction, particularly concerning armed forces and private actors. Resource constraints, investigative capacity, and the one-year time limit also pose significant challenges.

Strengthening the NHRC by addressing these limitations through legislative reforms, enhanced resources, and greater autonomy is essential for it to fully realize its potential as a robust protector and promoter of human rights in India, complementing the role of the judiciary and other institutions. The ongoing discourse on its effectiveness underscores the need for continuous evaluation and reform to ensure it remains a credible and impactful body in the evolving human rights landscape.

Practice Exercises

Now, let's test your understanding of the NHRC's powers, functions, and challenges as discussed in Part 02.

Multiple Choice Questions (MCQs)

Q1. Which of the following powers does the NHRC possess during the inquiry into complaints? (a) Power to issue binding orders for compensation. (b) Power to arrest individuals found guilty of human rights violations. (c) Power to summon and enforce the attendance of any person from any part of India. (d) Power to directly penalize public servants for negligence.

Q2. A key limitation of the NHRC highlighted in the notes is: (a) Its inability to investigate any human rights violations. (b) The legally binding nature of its recommendations on the government. (c) Its limited jurisdiction over human rights violations by private individuals or entities. (d) The absence of any investigative staff.

Q3. The Protection of Human Rights (Amendment) Act, 2019, made which of the following changes? (a) Increased the term of office for the Chairperson and members to five years. (b) Made only a retired Chief Justice of India eligible for the Chairperson position. (c) Included the Chairperson of the National Commission for Backward Classes as a deemed member. (d) Removed the possibility of reappointment for the Chairperson and members.

Q4. Regarding human rights violations by members of the armed forces, the NHRC: (a) Can conduct its own independent investigation. (b) Has no jurisdiction whatsoever. (c) Must rely on a report sought from the Central Government for inquiry. (d) Can issue binding orders for remedial action.

Q5. The one-year limitation period for the NHRC to inquire into a matter starts from: (a) The date the complaint is filed. (b) The date the NHRC decides to take cognizance. (c) The date on which the act constituting the violation of human rights is alleged to have been committed. (d) The date the investigation report is submitted.

Scenario-Based Questions

Scenario 1: A citizen files a complaint with the NHRC alleging custodial torture by police officials. The police department refuses to provide relevant documents and prevents key witnesses from appearing before the Commission.

• Based on the powers of the NHRC, what action can the Commission take to obtain the necessary documents and ensure witness attendance?
• If the NHRC finds the police officials guilty, what is the extent of its power to ensure accountability or provide relief to the victim?

Scenario 2: A non-governmental organization (NGO) submits a detailed report to the NHRC highlighting widespread forced labour in a private factory, affecting hundreds of workers.

• Considering the NHRC's jurisdiction, can it directly inquire into this matter involving a private entity?
• What steps, if any, could the NHRC potentially take based on such a report, even if direct inquiry is limited?

Match the Following

Match the power/function of the NHRC with its description:

Answers and Explanations

MCQ Answers:

Q1. (c) Power to summon and enforce the attendance of any person from any part of India.

• Explanation: The NHRC has civil court powers for inquiry, including summoning individuals. Options (a), (b), and (d) represent powers that the NHRC generally lacks; its recommendations are not binding, it cannot arrest, and it cannot directly penalize.

Q2. (c) Its limited jurisdiction over human rights violations by private individuals or entities.

• Explanation: While recommendations being non-binding is also a key limitation, the question asks for a key limitation. The inability to directly investigate violations by private parties is a significant gap in its jurisdiction. The NHRC can investigate violations (a) and does have investigative staff (d), although their independence is debated.

Q3. (c) Included the Chairperson of the National Commission for Backward Classes as a deemed member.

• Explanation: The 2019 amendment reduced the term to three years (a), made a Supreme Court Judge also eligible (b), and allowed for reappointment (d). Inclusion of Chairpersons of specific commissions as deemed members was a key change.

Q4. (c) Must rely on a report sought from the Central Government for inquiry.

• Explanation: The NHRC's jurisdiction over armed forces is limited; it cannot conduct an independent investigation but must request a report from the Central Government.

Q5. (c) The date on which the act constituting the violation of human rights is alleged to have been committed.

• Explanation: The one-year limitation is calculated from the date of the alleged human rights violation, not from when the complaint is filed or other procedural dates.

Scenario-Based Answers:

Scenario 1:

• Action to obtain documents/witnesses: The NHRC, exercising its civil court powers under the PHRA, 1993 (Section 13), can issue summons to the police officials and witnesses to appear. It can also order the discovery and production of the relevant documents. Failure to comply with these summons or orders can lead to proceedings under the Code of Civil Procedure, 1908, for non-compliance (though actual enforcement can still be a challenge).
• Extent of power after finding guilt: If the NHRC finds the police officials guilty of custodial torture, it can recommend to the concerned government (State or Central) that action be taken against them, including prosecution or departmental action. It can also recommend the grant of immediate interim relief/compensation to the victim. However, these are recommendations, and the government is not legally bound to implement them, though they are required to report on the action taken within a stipulated time. The NHRC cannot directly punish the officials or order the government to pay compensation in a legally binding manner.

Scenario 2:

• Direct inquiry into private entity violation: Generally, the NHRC's jurisdiction is limited to human rights violations by public servants. It cannot directly inquire into violations committed by purely private entities like a factory owner.
• Potential steps: While direct inquiry might be limited, the NHRC is not entirely powerless. It could:
  • Bring the report to the notice of the concerned State Government and relevant authorities (like the Labour Department or District Administration) and request them to investigate and take appropriate action, reminding them of their duty to protect human rights.
  • Review the existing laws and policies related to labour and human trafficking and recommend legislative or policy changes to the government to prevent such abuses in the private sector.
  • Promote awareness among workers and the public about their rights and available legal remedies.
  • Collaborate with NGOs working in the area of labour rights and anti-trafficking to address the issue.
  • If there is evidence of connivance or negligence by public servants in preventing or addressing the forced labour, the NHRC could potentially initiate an inquiry into the role of those public servants.

Match the Following Answers:

1. Civil Court Powers - (B) The ability to summon witnesses and demand documents during an inquiry.
2. Promotional Function - (C) Encouraging human rights literacy and awareness among the public.
3. Reviewing Safeguards - (A) Reviewing existing laws and recommending changes for better human rights protection.
4. Advisory Function - (D) Recommending measures to the government on implementing international human rights treaties.
5. Visiting Jails - (E) Examining the living conditions of inmates in detention centers and making suggestions for improvement.

This concludes our detailed examination of the NHRC's powers, functions, and challenges in Part 02. Understanding these aspects is crucial for appreciating the role and limitations of this important institution in India's human rights framework.

Recommended Books

You can explore these highly recommended resources for a deeper understanding.

• Indian Polity (English) by M Laxmikanth for UPSC CSE 2025 | 7th edition (latest) | Civil Services Exam - Prelims, Mains and Interview | State PSCs exams/ PCS exams - by M Laxmikanth
• Oswaal NCERT One For All Book for UPSC & State PSCs | Indian Polity Classes 6-12 - by Oswaal Editorial Board
• Bharat Ki Rajvyavastha (भारत की राजव्यवस्था) - M Laxmikanth for UPSC CSE