NATIONAL HUMAN RIGHTS COMMISSION (NHRC) - POLITY
News: Rajasthan govt gets NHRC notice over girls' auction'
What's in the news?
● The
NHRC issued a notice to the Rajasthan government over reports that girls are "being auctioned on stamp
paper" in half a dozen districts of the state and the refusal there of
is resulting in the "rape of their mothers to settle financial disputes on
the diktats of caste panchayats".
● The National Human Rights Commission (NHRC) has taken suo motu cognisance of a media report, it said in a statement.
National Human Rights Commission:
● The
National Human Rights Commission (NHRC) of India is a statutory public body.
● It
was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA).
● The
NHRC is responsible for the protection and promotion of 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".
● NHRC was established in compliance with the Paris Principles of Human Rights, 1991 which were adopted for the promotion and protection of Human Rights and were endorsed by the United Nations at its General Assembly of 1993.
Functions:
● Proactively
or reactively 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 work 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.
Composition:
● The
NHRC consists of the chairperson and
five members (excluding the ex-officio members).
● A
Chairperson, who has been a Chief Justice of India or a Judge of the
Supreme Court.
● One
member who is, or has been, a Judge of the Supreme Court of India and one
member who is, or has been, the Chief Justice of a High Court.
● Three
Members, out of which at least one shall
be a woman to be appointed from amongst persons having knowledge of, or
practical experience in, matters relating to human rights.
● In
addition, the Chairpersons of National Commissions viz., National Commission
for Scheduled Castes, National Commission for Scheduled Tribes, National
Commission for Women , National Commission for Minorities, National Commission
for Backward Classes, National Commission for Protection of Child Rights; and
the Chief Commissioner for Persons with Disabilities serve as ex officio members.
● The sitting judge of the Supreme Court or sitting Chief Justice of any High Court can be appointed only after consultation with the Chief Justice of the Supreme Court.
Term:
● 3 years or 70years whichever is earlier.
● Eligible
for re-appointment.
● After tenure, both chairperson and members are not eligible for further employment under the Central or a state government.
Appointment of NHRC Members:
A
Selection Committee will recommend the candidates to the President.
The
Selection Committee includes:
● Prime
Minister (Chairman)
● Speaker
of Lok Sabha
● Union
Home Minister
● Deputy
Chairman of Rajya Sabha
● Leaders of the Opposition in both Houses of the Parliament.
Removal:
President
can remove the chairperson or any member:
● Adjudged
an insolvent
● Engaged
in paid employment outside his duties
● Unfit
to continue / infirmity of mind or body
● Unsound
mind
● Convicted
and sentenced to imprisonment
● Misbehavior
/ incapacity (President refer to SC for enquiry)
● Salaries,
allowances and other conditions of service of the chairperson or a member are
determined by the Central government and cannot be varied to his disadvantage.