The National Human Rights Commission (NHRC) is India’s apex independent statutory body dedicated to the protection and promotion of human rights. Established in 1993, the commission serves as a vital watchdog, ensuring that the fundamental rights to life, liberty, equality, and dignity—as guaranteed by the Constitution and international covenants—are upheld for every individual.
Operating under the Protection of Human Rights Act (PHRA), 1993, the NHRC investigates violations, intervenes in judicial proceedings, and recommends systemic reforms. Despite being a pivotal institution in India’s democratic framework, it continues to navigate complex challenges, including non-binding recommendations and resource limitations, often sparking debates over its enforcement capabilities.
1. Core Objectives and Statutory Definition
The NHRC was established to create a focused institutional mechanism for addressing human rights concerns with greater autonomy and expertise.
1 Statutory Foundation: Established on October 12, 1993, under the PHRA, 1993, aligning with the Paris Principles for national human rights institutions.
2 Defining Human Rights: According to Section 2(1)(d) of the Act, human rights encompass those rights relating to life, liberty, equality, and dignity of the individual that are enforceable by Indian courts.
3 Strengthening Oversight: A primary goal is to independently investigate allegations of state “excesses,” reinforcing the government’s commitment to accountability.
4 Collaborative Support: The NHRC aims to complement the efforts of existing judicial and administrative bodies rather than replace them.
2. Composition and Appointment Process
The NHRC is a multi-member body comprising high-level judicial figures and subject matter experts.
Full-Time Membership
1 Chairperson: Must be a retired Chief Justice of India or a retired Judge of the Supreme Court.
2 Judicial Members: Includes one sitting or retired Judge of the Supreme Court and one sitting or retired Chief Justice of a High Court.
3 Expert Members: Three individuals (at least one must be a woman) with practical experience or specialized knowledge in human rights.
Ex-officio Members
The commission incorporates the chairpersons of seven national bodies to ensure diverse representation:
1 National Commission for Minorities
2 National Commission for SCs
3 National Commission for STs
4 National Commission for Women
5 National Commission for BCs
6 National Commission for Protection of Child Rights
7 Chief Commissioner for Persons with Disabilities
The Appointment Committee
Members are appointed by the President of India based on the recommendations of a high-powered committee consisting of:
- The Prime Minister (Chairperson)
- Speaker of the Lok Sabha
- Deputy Chairman of the Rajya Sabha
- Leaders of the Opposition in both Houses
- Union Home Minister
3. Tenure, Service Conditions, and Removal
1 Service Terms: Members serve for three years or until the age of 70, whichever is earlier, and are eligible for reappointment.
2 Post-Retirement Restriction: To maintain independence, members are barred from further employment under the Central or State governments after their tenure ends.
3 Removal Mechanism: The President can remove members for insolvency, incapacity, or crime. In cases of “proven misbehavior,” a referral to the Supreme Court is mandatory for an inquiry before removal.
4. Key Powers and Functions
The NHRC possesses the powers of a civil court while conducting inquiries, allowing it to summon witnesses and examine evidence under oath.
1 Inquiry Powers: The commission can take suo motu (on its own motion) cognizance of rights violations or act on petitions.
2 Prison Oversight: Authorized to visit jails and detention centers to evaluate inmate conditions and recommend reforms.
3 Intervention: It can intervene in any court proceeding involving human rights allegations with the court’s permission.
4 Review of Safeguards: Constantly reviews constitutional and legal protections, including anti-terror laws, to ensure they don’t impede human rights.
5 International Research: Studies international treaties and promotes human rights literacy through research and NGO support.
5. Performance and Statistical Overview (2024–2025)
The commission’s workload reflects the high level of public trust in its mechanisms, though disposal rates remain a critical focus.
| Parameter | Statistics (Oct 2024 – Sept 2025) |
| Total Cases Handled | ~73,849 complaints |
| Suo Motu Cases | 108 cases registered |
| Cases Disposed | ~38,063 cases |
| Monetary Relief Recommended | >₹9 Crore in 210 cases |
| Total Lifetime Relief | >₹263 Crore in ~8,924 cases |
Custodial Safety Trends: In 2024, the NHRC registered 2,739 custodial deaths, with 155 occurring specifically in police custody, highlighting the ongoing need for prison reform.
6. Critical Challenges and the “Toothless Tiger” Debate
Despite its extensive powers of inquiry, the NHRC faces structural hurdles that limit its practical impact.
1 Non-Binding Nature: Its recommendations are purely advisory; the government is not legally bound to implement them.
2 One-Year Limitation: The NHRC cannot investigate any incident that occurred more than one year prior to the complaint.
3 Limited Armed Forces Jurisdiction: In cases involving the military, the NHRC can only seek reports from the Centre and make recommendations; it cannot investigate directly.
4 Delayed Appointments: Frequent vacancies in the Chairperson or member positions often lead to a backlog of cases.
5 Resource Constraints: Heavy workloads coupled with limited staff often delay justice for victims.
7. Recent Updates: Accreditation and Global Standing
In 2024-25, the Global Alliance of National Human Rights Institutions (GANHRI) deferred the NHRC’s “A” status accreditation for the second consecutive year. The deferral was attributed to concerns regarding:
- Lack of transparency in the appointment process.
- Insufficient representation of women and minorities among members.
- Perceived interference by political figures in commission activities.
FAQs: National Human Rights Commission
WHO IS THE CURRENT CHAIRPERSON OF THE NHRC?
The chairperson is typically a retired Chief Justice of India or Supreme Court judge, currently Justice Shri V. Ramasubramanian.
CAN THE NHRC PUNISH THE GUILTY?
No, the NHRC does not have the power to punish. It can only recommend the initiation of legal proceedings or the payment of compensation to the victims.
WHAT IS THE PROTECTION OF HUMAN RIGHTS ACT 1993?
It is the parent legislation that provides for the creation of the NHRC at the central level and State Human Rights Commissions (SHRCs) at the state level.
IS THE NHRC A CONSTITUTIONAL BODY?
No, the NHRC is a statutory body, meaning it was created by an Act of Parliament (PHRA, 1993) rather than being mentioned in the Constitution.
HOW DOES THE NHRC MONITOR PRISONS?
The commission conducts periodic visits to jails to assess hygiene, medical facilities, and the treatment of inmates, providing recommendations to state governments for improvement.
WHAT HAPPENS IF THE GOVERNMENT REJECTS AN NHRC RECOMMENDATION?
The government must submit a memorandum to the Parliament (or State Legislature) explaining the specific reasons for rejecting the recommendation.
CAN A CITIZEN DIRECTLY COMPLAIN TO THE NHRC?
Yes, any individual or group can file a complaint with the NHRC regarding a human rights violation through their online portal or by post.
WHAT IS THE “PARIS PRINCIPLES”?
These are a set of international standards adopted by the UN which define the minimum criteria that a National Human Rights Institution must meet to be considered effective and independent.
DOES THE NHRC HAVE ITS OWN INVESTIGATIVE STAFF?
Yes, the NHRC has a dedicated investigative wing, but it also has the power to utilize the services of any officer or agency of the Central or State government.
WHAT IS SUO MOTU COGNIZANCE?
This is the power of the commission to take up a case on its own after seeing media reports or other information, even if no formal complaint has been filed.
