Appointment of 9th Chairperson of NHRC
Context:
Justice V Ramasubramanian has been appointed as the 9th Chairperson of the National Human Rights Commission (NHRC) for a three-year term until December 2027. His appointment was formalized through an official warrant issued by the President of India under Section 3(2)(a) of the Protection of Human Rights Act, 1993.
About NHRC:
- Establishment: The National Human Rights Commission (NHRC) was established as a statutory body in 1993 under the Protection of Human Rights Act, 1993.
- It functions as a watchdog for human rights, including protecting life, liberty, equality, and dignity.
- Composition: A Chairperson (a retired Chief Justice or a Supreme Court judge) and five members.
- Ex-officio members from various national commissions.
- Appointment Process: The Chairperson and members are appointed by the President of India, based on recommendations from a six-member committee.
- The committee consists of: Prime Minister (Chairperson), Union Home Minister, Leader of the Opposition in the Lok Sabha, Leader of the Opposition in the Rajya Sabha, Speaker of the Lok Sabha and Deputy Chairman of the Rajya Sabha 123.
- Tenure and Removal: Chairperson and members serve a three-year term or until they reach 70 years of age.
- They can be removed by the President for reasons such as insolvency or misconduct.
Powers and Functions of NHRC
Investigative Powers:
- The NHRC operates with powers akin to a civil court.
- Inquire into human rights violations, either suo motu or based on complaints.
- Intervene in court proceedings related to human rights.
Monitoring Institutions: Conduct visits to jails and detention centres to ensure humane treatment.
Legal and Policy Review:
- Review laws, treaties, and other factors inhibiting human rights.
- Recommend changes or action to the government, though its recommendations are not binding.
Awareness and Collaboration:
- Promote research and literacy on human rights.
- Collaborate with NGOs and other organisations working in the field.
Recommendations and Jurisdiction: While the NHRC’s recommendations are not binding, the government is required to report on actions taken in response.
- Grounds for Removal by President:
- Insolvency: Adjudged insolvent.
- Conflict of Interest: Engages in any other paid employment outside the duties of his office during his term.
- Physical or Mental Unfitness.
- Declared of unsound mind by a competent court.
- Moral Turpitude: Convicted and sentenced to imprisonment for an offence involving moral turpitude.
- Removal for Misbehaviour or Incapacity:
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- Supreme Court Inquiry: The President must refer the matter to the Supreme Court for an inquiry.
- Outcome of Inquiry: If the Supreme Court, after the inquiry, upholds the charges, the President can proceed with the removal.
Limitations of NHRC:
- Non-binding Recommendations: Recommendations made by the NHRC are not binding.
- Limited Jurisdiction: Cannot consider human rights violations by private parties.
- No Penal Power: Lacks the authority to penalise authorities that fail to implement its recommendations.
- Judicial Composition: Three members are judges, imparting a judicial character to the Commission.
- Selection Committee Influence: Other members recommended by the Selection Committee may not necessarily be human rights experts.
- Exclusion of Certain Cases:
- Cases older than one year.
- Anonymous, pseudonymous, or vague cases.
- Frivolous cases.
- Service-related matters.
- Armed Forces Limitation: Has limited jurisdiction over cases involving the armed forces.
- Operational Challenges: Faces issues such as an excess of cases/complaints, insufficient funds, and a bureaucratic functioning style.
Way Forward:
- Revamping Structure: A complete overhaul is recommended to make the NHRC more effective as a watchdog for human rights violations.
- Justice Verma Committee (2013) suggested enhancing the powers of the NHRC to ensure more effective monitoring and enforcement of human rights.
- Enforceability of Recommendations: Making NHRC’s decisions enforceable would significantly enhance its authority and impact.
- The Law Commission of India Reports have suggested a need for a more proactive NHRC that can effectively address contemporary human rights challenges.
Conclusion:
The NHRC plays a crucial role in investigating human rights violations, intervening in ongoing cases, making recommendations to protect rights, and promoting related research. Past chairpersons of the NHRC include distinguished jurists such as Ranganath Mishra, M N Venkatachaliah, and K G Balakrishnan.
