12 राष्ट्रीय मानावाधिकार आयोग के कार्य एवं शक्तियों की विवेचना कीजिए।

 Discuss the functions and powers of the National Human Rights Commission.

The National Human Rights Commission (NHRC) of India is an autonomous body created to promote and protect human rights at the national level. It plays a vital role in safeguarding the rights and dignity of individuals in India. The NHRC's functions and powers are derived from the Protection of Human Rights Act, 1993 (PHRA). Here's a pointwise explanation of its functions and powers:

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Functions of the National Human Rights Commission (NHRC):

1. Inquiry into Human Rights Violations:

   • The NHRC has the authority to inquire into complaints regarding violations of human rights by public servants, or due to negligence of public officials.
   • It can take suo motu (on its own initiative) cognizance of human rights violations based on reports or news, even without receiving a formal complaint.

2. Investigation and Inspection:

   • The Commission can investigate complaints or incidents of human rights violations.
   • It also has the power to inspect places of detention, such as jails, remand homes, or psychiatric hospitals, to ensure that the conditions conform to human rights standards.

3. Promote Human Rights Awareness:

   • One of the core functions of the NHRC is to promote human rights education and awareness. This includes conducting seminars, workshops, and publishing materials to spread awareness about human rights.
   • It also works on promoting human rights in schools and colleges.

4. Advice to Government:

   • The NHRC advises the government of India, as well as state governments, on the formulation of policies and laws related to human rights.
   • It can also recommend measures to prevent human rights violations.

5. Review of Human Rights Laws:

   • The NHRC reviews existing laws and policies to ensure that they are in conformity with international human rights standards.
   • It provides suggestions for law reforms to improve the protection of human rights in India.

6. Monitoring Compliance with International Human Rights Standards:

   • The NHRC ensures that India’s human rights obligations under international treaties and conventions are being followed by the government and other authorities.
   • It can bring attention to violations of international human rights standards.

7. Encouraging Compensation to Victims:

   • The NHRC recommends monetary compensation or other relief to victims of human rights violations. This often includes compensation for wrongful detention, torture, or any other violations that result in harm to an individual.

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Powers of the National Human Rights Commission (NHRC):

1. Summoning Witnesses and Documents:

   • The NHRC has the power to summon witnesses to testify and produce documents or records relevant to its inquiry. It can compel individuals to appear before it and provide evidence related to human rights violations.

2. Power to Issue Directions:

   • The Commission can issue directions to the government, state authorities, or other entities to take specific actions or remedy human rights violations.
   • These directions can include demands for compensation, immediate action to prevent violations, or changes in laws or policies.

3. Recommendation for Compensation:

   • The NHRC has the authority to recommend compensation for victims of human rights violations. The Commission can instruct state or central authorities to compensate the victims.

4. Intervening in Court Proceedings:

   • The NHRC can intervene in any judicial proceedings involving human rights issues. This includes submitting amicus curiae (friend of the court) briefs to assist courts in cases that involve the protection of human rights.

5. Issuing Writs:

   • While the NHRC cannot itself issue writs, it can recommend to the courts to issue writs for the enforcement of human rights. It can also recommend remedies for violations through writs such as habeas corpus (in cases of unlawful detention).

6. Summoning Public Records and Documents:

   • The NHRC can request access to public records and documents from any government office or entity, ensuring it has all necessary materials to conduct its investigations effectively.

7. Power of Inquiry and Investigation:

   • The NHRC can inquire into complaints of human rights violations and investigate the facts of such cases. The Commission can also involve experts to assist in these inquiries.

8. Annual Reports and Recommendations:

   • The NHRC submits an annual report to the President of India, outlining its activities, findings, and recommendations on human rights issues.
   • The Commission’s report is tabled in Parliament, and its recommendations are reviewed by the government.

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Limitations of the NHRC:

1. Non-binding Recommendations:

   • The recommendations made by the NHRC are non-binding on the government. While the government may act upon these suggestions, it is not legally obligated to do so.

2. Lack of Power to Prosecute:

   • The NHRC does not have the authority to prosecute individuals or entities for human rights violations. It can only make recommendations, which may or may not be acted upon by the authorities.

3. Jurisdiction Limitations:

   • The NHRC can only inquire into matters related to human rights violations that occur under the jurisdiction of India. It cannot directly deal with violations in foreign territories.

4. Time-bound Complaints:

   • The NHRC generally only deals with complaints that are filed within one year of the incident, unless the delay is justified.

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Summary :

The National Human Rights Commission (NHRC) plays a crucial role in the protection and promotion of human rights in India. Its functions, such as investigating complaints, advising the government, and raising awareness, are vital for ensuring that human rights are respected and upheld. The Commission’s powers, including summoning witnesses, issuing directions, and recommending compensation, make it an effective body for safeguarding fundamental rights. Despite some limitations, the NHRC remains a key institution for advancing human rights law in India.

Textbook References : 

1. Textbook on Human Rights Law and Practice by Rashee Jain
2. International Law & Human Rights by Dr. H.O. Agarwal
3. Human Rights by Michael Freeman
4. International Human Rights Law by David Harris
5. A philosophical Introduction to Human Rights by Thomas Mertens
6. Human Rights Law by Howard Davis 
7. Human Rights A Very Short Introduction by Andrew Clapham