NATIONAL
HUMAN RIGHTS COMMISSION - POLITY
News: President
speaks at NHRC to mark Human Rights Day
What's in the news?
● In
her address at an event hosted here by the National Human Rights Commission
(NHRC) to mark Human Rights Day, she also made a fervent appeal that humans
must learn to treat nature and biodiversity with dignity and respect.
Key takeaways:
● Climate change is
knocking on the doors and people in poorer nations are going to pay a
"heavier price" for the degradation of the environment,
President Droupadi Murmu said on December 10 and asserted that society must now
consider the environmental dimension of
justice.
● Human
Rights Day is observed to commemorate the Universal Declaration of Human Rights
(UDHR). It was approved and proclaimed by the United Nations General Assembly
on December 10, 1948, as a
universally accepted value-based document of understanding the importance of
the promotion and protection of human rights.
● The
theme of this year's Human Rights Day is 'Dignity,
Freedom, and Justice for All'. This is close to the ideals expressed in the
Preamble of India's Constitution.
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 the 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 703 years 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.