1. LOK NAYAK JAYAPRAKASH NARAYAN
NATIONAL INSTITUTE OF CRIMINOLOGY AND FORENSIC
SCIENCE Government of India (Ministry of Home Affairs)
Report on National Human Rights Commission
Submitted By:
AVINASH RAJPUT
M.A CRIMINOLOGY 3RD SEMESTER
LNJN NATIONAL INSTITUTE OF
CRIMINOLOGY AND FORENSIC SCIENCE.

2. Content
 Acknowledgement
 introduction
Constitution of the National Human Rights Commission
Appointment of Chairperson and other Members of NHRC
Removal of a Member of the Commission
Distinctive Features of National Human Rights Commission
Organization Structure of National Human Rights Commission
 Divisions of National Human Rights Commission
The Administration Division
The Information and Public Relations Division
The Policy Research, Projects and Programs Division
The Training Division
The Investigation Division
The Law Division
 Functions and Powers of the Commission
 Procedure
Inquiry into complaints
Steps after Inquiry
Annual and special reports of the Commission
 State Human Rights Commission
Appointment of Chairperson and Members of State Commission
Resignation and Removal of Chairperson or a Member of the State
Commission
 Powers to make Rules
Power of Central Government to make rules
Power of Commission to make Regulations

3. Acknowledgement
I first wish to pay my sincere thanks and gratitude to our Professor Dr. B.N. chattoraj,
LNJN NICFS and our course Director Ms. Minakshi Sinha for arrange our visit to the
National Human Rights Commission.
Dr. S.K. Jain senior research officer in the National Human Rights Commission
(Training Devision), who was very much helpful during the whole study in the
National Human Rights Commission (NHRC).
At the very outset I would like to express my deep gratitude and sincere thanks to
Mr.Vinudev Sachin DSP in the Investigation Devision for his help, support and
guidance at every junction of the preparation of this project. This project would not
have been possible without their help and knowledge.
AVINASH

4. Introduction
The National Human Rights Commission of India was set up in October 12,1993
under ―The Protection of Human Rights Act, 1993‖. It is an autonomous body, which
works independently. The Commission present a positive meaning to the objectives
set out in the Protection of Human Rights Act, 1993. During this period, the
Commission has also worked effectively to create awareness and to sensitize public
authorities for promoting and protecting human rights in the country.
In the early years, the Commission focused on civil and political rights like terrorism
and insurgency, prisons, monitoring of custodial deaths, cases in detention, including
mental homes and juvenile justice homes etc. However, in the succeeding years, the
economic, social and cultural rights have also been given prominence. It is the belief
of the Commission that all rights are inter-related and inter-dependent. Apart from
working for the eradication of bonded labor and child labor and the rights of the
children, women and other weaker or marginalized sections of the society, the
Commission has also undertaken work in other fields, such as, right to health, food
and education, right of displaced persons due to natural and manmade calamities
etc.
The Commission received only 496 complaints of violation of human rights in 199394, the first year of its establishment. The number steadily increased over the years
and during the financial year 2007-2008, the Commission received 100,616
complaints. The Commission received more than 100,000 complaints every year.
The number of complaints increases every year because of growing awareness
amongst the people in the country as well as increased faith in the Commission.
Respect for the dignity of an individual and striving for peace and harmony in society,
has been an abiding factor in Indian culture. The Indian culture has been the product
of assimilation of diverse cultures and religions that came into contact in the
enormous Indian sub-continent over time. The international community has
recognized the growing importance of strengthening national human rights
institutions. In this context, in the year 1991 a UN-sponsored meeting of
representatives of national institutions held in Paris, a detailed set of principles on
the status of national institutions was developed, these are commonly known as the
Paris Principles. These principles, subsequently endorsed by the UN Commission on
Human Rights and the UN General Assembly have become the foundation and
reference point for the establishment and operation of national human rights
institutions.
Constitution of the National Human Rights Commission
The Constitution of the Commission dealt with in Chapter II of the Act. Section 3 of
the Act says:, ― the Central government shall constitute a body to be known to the
National Human Rights Commission to exercise the powers conferred upon, and to
perform the functions assigned to it, under this Act.

5. The Commission shall consist of
(a) A Chairperson who has been a Chief Justice of the Supreme Court;
(b) One Member who is, or has been a judge of the Supreme Court;
(c) One Member who is, or has been the Chief Justice of the High Court;
(d) Two members to be appointed from amongst persons having knowledge
of, or practical experience in, matters relating to human rights.
The Chairpersons of the National Commission for Minorities, the National
Commission for the Scheduled Castes and Scheduled Tribes and the National
Commission for Women shall be deemed to be Members of the Commission for the
discharge of functions specified in clauses (b) to (j) of section 12.
There shall be a Secretary-General who shall be the Chief Executive Officer of the
Commission and shall exercise such powers and discharge such functions of the
Commission as it may delegate to him.
The headquarters of the Commission shall be Delhi and the Commission may, with
the previous approval of the Central Government, establish offices at other places in
India.
The appointment of the Chairperson and other Members are elaborately discussed
under Section 4 of the Act. The other provisions relate to the removal of a member of
the Commission, the term of office of Members, a member to act as a Chairperson or
to discharge his functions in certain circumstances, the terms and conditions of
service of members, vacancies, etc., not to invalidate the proceedings of the
Commission, the procedure to be regulated by the Commission, the officers and the
other staff of the Commission.
Appointment of Chairperson and other Members
(1) The Chairperson and the Members shall be appointed by the President by
warrant under his hand and seal;
Provided that every appointment under this sub-section shall be made
after obtaining the recommendations of a Committee consisting of–
(a) The Prime Minister — Chairperson
(b) Speaker of the House of the People — Member
(c) Minister in-charge of the Ministry of Home Affairs in the Government of India —
Member
(d) Leader of the Opposition in the House of the People — Member
(e) Leader of the Opposition in the Council of States — Member
(f) Deputy Chairman of the Council of States — Member
Provided further that no sitting Judge of the Supreme Court or sitting
Chief Justice of a High Court shall be appointed except after consultation with the
Chief Justice of India.

6. (2) No appointment of a Chairperson or a Member shall be invalid merely by reason
of any [vacancy of any member in the Committee referred to in the first proviso to
sub-section (1)
Resignation and removal of Chairperson and Members
(1) The Chairperson or any Member may, by notice in writing under his hand
addressed to the President of India, resign his office.
(2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall
only be removed from his office by order of the President
of India on the ground of proved misbehaviour or incapacity after the Supreme Court,
on reference being made to it by the President, has, on
inquiry held in accordance with the procedure prescribed in that behalf by the
Supreme Court, reported that the Chairperson or the Member, as the case may be,
ought on any such ground to be removed.
(3) Notwithstanding anything in sub-section (2), the President may, by order, remove
from office the Chairperson or any Member if the Chairperson or such Member, as
the case may be–
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of
his office; or
(c) is unfit to continue in office by reason of infirmity of mind or body; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of
the President involves moral turpitude.
Distinctive Features of NHRC
The NHRC has certain distinctive features not enjoyed by other
Commissions/regulatory bodies/autonomous institutions.
1. It is autonomous i.e. it has been created by an Act of Parliament.
2. NHRC is committed to provide independent views on issues within the
parlance of the Constitution or in law for the time being enforced for the
protection of human rights. The Commission takes independent stand.
3. NHRC has the powers of a civil court trying a suit under the Code of Civil
Procedure, 1908 as listed under Section 13 of the Act
4. Authority to grant interim relief
5. Authority to recommend payment of compensation or damages
6. Over seventy thousand complaints received every year reflects the trust
reposed in it by the citizens
7. NHRC has a very wide mandate
NHRC has unique mechanism with which it also monitors implementation of its
various recommendations

7. Organization Structure of National Human Rights
Commission

8. Divisions of National Human Rights Commission
The Administration Division
This Division is headed by a Joint Secretary, assisted by a Director, Under
Secretaries, Section Officers and other secretarial staff, and functions under the
overall guidance of the Secretary-General. This Division looks after the
administrative, personnel, establishment and cadre matters of the staff and officers
of the Commission.
The Accounts Branch, functioning under the overall guidance of the Joint Secretary,
consists of a Senior Accounts Officer, Assistant Accounts Officers, a Drawing and
Disbursing Officer and other staff.
The General Section of the Division takes care of housekeeping jobs. The Section
mainly deals with procurement of stores, maintenance of office buildings, repair
and maintenance of all office equipment, machinery and furniture. It also handles
purchase, maintenance and provision of office vehicles/hired vehicles to the
Chairperson, Members and Senior Officers of the Commission.
The Hindi section of the commission arranges for the translation of complaints from
Hindi and other Indian languages into English. It also undertakes translation work of
the Commission, including the translation of the monthly Newsletters, Annual
Reports and other publications of the Commission. An annual Hindi journal named
ManavaAdhikar- NaiDishayen is also published in Hindi.
The Information and Public Relations Division
This Division disseminates information relating to the activities of the
Commission, through the print and electronic media, and is headed by an
Information and Public Relations Officer, who also functions as the Editor of the
monthly Human Rights Newsletter.
This Division is responsible for the website and publications of the
Commission. The Division also has an Assistant Information Officer. A Public
Information Officer has also been appointed for the purpose of facilitating information
under the Right to Information Act. The Appellate Authority is the Joint Secretary.
The Policy Research, Projects and Programmes Division
Whenever the Commission, on the basis of its hearings, deliberations or
otherwise, arrives at a conclusion that a particular subject is of generic
importance, it is converted into a project/ programme to be dealt with by the PRP&P
Division.
The Division also undertakes and promotes research in human rights and
organizes seminars, workshops and conferences on pertinent issues. The PRP&P
Division is headed by the Joint Secretary and consists of two Directors, a
Senior Research Officer and secretarial staff.

9. The Training Division
This Division has been created to disseminate information and focus attention
on sensitizing various agencies and NGOs, civil society to heighten respect for
Human Rights by organizing Human Rights Training Programmes. The Division is
headed by a Chief Coordinator, who is a Joint Secretary rank officer. The Chief
Coordinator is assisted by a Senior Research Officer and other secretarial staff.
The Investigation Division
When the Commission requires an independent inquiry to be conducted, it is
effected through the Investigation Division, which is headed by an officer of the
rank of Director General of Police. He is assisted by a Deputy Inspector General of
Police, Senior Superintendents of Police, Deputy Superintendents of Police,
Inspectors of Police and Constables.
The Division also assists the Commission in examining complaints, in
scrutinizing reports received from the police and other investigation agencies and in
looking into reports of custodial violence or other misdemeanors. In addition, the
Investigation division analyzes the intimations and further reports from the State
authorities regarding deaths in police and judicial custody; encounter deaths and
advising the Commission. The division is also assisting the Training Division in
spreading human rights literacy as envisaged in Section 12(h) of the Protection of
Human Rights Act, 1993.
The Law Division
This Division is headed by Registrar (Law). The post has a scale of Additional
Secretary to the Government of India.
The Division services the Commission in the receipt and disposal of
complaints relating to human rights violations.
The Registrar (Law) is assisted by a Joint Registrar, Deputy Registrars, Assistant
Registrars and others.
Besides there are four Presenting Officers, coming from the subordinate judiciary,
who assist the Commission in dealing with the complaint cases.

10. Functions and Powers of the Commission
Wide powers and functions have been given to the Commission under section12 of
the Act. The paragraph (a) of section 12 provides, that the Commission can enquire
suo motu action against any public servant against whom a complaint has been
registered for violation of human rights. Section 12(b) provides that the Commission
can intervene in any proceeding involving any allegation of a violation of human
rights pending before a Court with the approval of such Court. Section 12(c)
empowers the Commission to visit any jail or other institution prior intimation to the
State Government, for the purpose of mainly monitoring prison or custodial
jurisprudence. The Commission can make recommendations to State Governments
on the basis of such visits. The Commission found after visiting many jails that
pathetic conditions prevailed in jails in which prisoners are forced to live. In its view
this is not due to a lack of ideas but due to apathy and lack of priority accorded to
prison conditions and the rights of prisoners and under trials. The Commission has
already initiated action to improve prison conditions in India, and started studying all
prevailing reports related with prisons.
The Commission has recommended the preparation of a new All India Jail Manual
and also suggested the revision of the old Indian Prison Act of 1894. The
Commission sought help from all who believe that human dignity must not be left
when a person enters the gates of a prison.
Section 12(d) empowers the Commission to review the safeguards provided under
the Constitution or any law for the time being in force for the protection of human
rights and also to recommend measures for their effective implementation. Under
Section 12(e) there is a separate provision to review the causes of terrorism, which
inhibits the enjoyment of human rights, and to recommend appropriate remedial
measures. Section 12(f) provides for the study of all treaties related with international
human rights instruments and the making of recommendations for their effective
implementation. Section 12 (g) provides for promotion of research in the field of
human rights. Section 12(h) empowers the Commission to spread human rights
literacy among various sections of society and promote awareness of the safeguards
available for the protection of these rights through publication, the media, seminars
and other available means. Section 12(i) empowers the Commission to encourage
the efforts of Non- governmental organizations (NGOs) working in the field of human
rights.

11. Procedure
Inquiry into Complaints
A considerable increase in public awareness of the work of the Commission has
been observed. This is reflected in the vast increase in the number of the complaints
of human rights violations received by the Commission over the years. Many of the
cases received by the Commission were of great poignancy, but they could not be
entertained by the Commission because of the Regulation 8 of the Commission. The
Commission broadly divides the cases in these following categories: (1) Custodial
deaths; (2) Police excesses (Torture, Illegal detention unlawful arrest, false
implication etc.; (3) Fake encounters; (4) Cases related to Women and Children; (5)
Atrocities on Dali’sMembers of Minority community Disabled (6) Bonded labor (7)
Armed forces pare military forces and (8) other important cases.
Once the Commission accepts a complaint, it seeks comments from the concerned
government or authority regarding complaint. After receiving the comments of the
concerned authority a detailed note on the merits of the case is prepared for the
consideration of the Commission. After this, directions and recommendations of the
Commission are communicated to the concerned government under Sections 18 and
19 of the Act.
Since its establishment in October 1993, the Commission has directed compensation
in the amount of Rs. 9,76, 68,634 be paid in 559 cases. In year 2002-2003 the
Commission recommended that compensation amounting to Rs. 31,40,000 - be
paid in 39 cases. The Commission during the period beginning from 1 April 2002 to
31 March 2003 registered 68,779 cases and in the same period for 2001 to 2002 the
Commission registered 69,083 cases in year 2001-2002. Out 68,779 cases
registered in the year 2002 to 2003, 67, 354 complaints were of human rights
violations, 1340 related to custodial deaths, 2 concerned custodial rapes and 83
related to police encounters were found. As on 31March 2003, the total number of
cases before the Commission was 43,010, which included 9763 cases awaiting
preliminary consideration and 33,247 cases in respect of which reports were either
awaited from the authorities concerned or the reports had been received and are
pending further consideration within the Commission.
In some of the cases the Commission may opt for a personal hearing with the
petitioner or any other person on behalf of petitioner for appropriate disposal of this
matter. This personal hearing will provide an opportunity for examining any
witnesses, if any, in support of the complaint and hearing evidence in support of the
petitioner’s stand. Once the Commission or any other person under its authority
undertakes an investigation, the report of the investigation should be submitted
within a week of its completion. In some cases, the Commission may allow further
time for the submission of reports. If the Commission is not satisfied with any report it
may direct fresh investigation for ascertaining the truth or enabling it to properly
dispose of the matter. On receipt of the report, the Commission on its own motion, or
if moved in the matter, may direct inquiry to be carried out by it and receive evidence
in the course of such inquiry.

12. Lastly under Section 8(12), the Commission or any of its members when requested
by the Chairperson may undertake visits for on-the-spot study and where such a
study is undertaken by one or members, a report thereon shall be furnished to the
Commission as early as possible.
Steps after Inquiry
On the completion of inquiry, the Commission may take any of the following steps
under Section 18 of this Act, namely:
(1) Where the inquiry discloses, the commission of violation of human rights
or negligence in the prevention of violation of human rights by a public
servant, it may recommend to the concerned Government or authority the
initiation of proceedings for prosecution or such other action as the
Commission may deem fit against the concerned person or persons;
(2) Approach the Supreme Court or the High Court concerned for such
directions, orders or units as that Court may deem necessary.
(3) recommend to the concerned government or authority for the grant of such
immediate interim relief to the victim or the members of his family as the
Commission may consider necessary;
(4) Subject to the provisions of clause (5) provide a copy of the inquiry report
to the petitioner or his representative;
(5) The Commission shall send a copy of its inquiry report together with its
recommendations to the concerned government or authority who shall,
within a period of one month, or such further time as the Commission may
allow, forward its comments on the report, including the action taken or
proposed to be taken thereon, to the Commission.
(6) The Commission shall publish its inquiry report together with the
comments of the concerned government or authority, if any, and the action
taken or proposed to be taken by the concerned government or authority
on the recommendations of the Commission..
The Commission in several cases recommended prosecution of the public servant
responsible for violation of human rights, under section 18(1) of the Act. In the case
of violation of human rights, the Commission may recommend under Section 18 (3)
of the Act that the concerned State to grant immediate interim relief to the victim or
members of the family.
The Commission incorporated elaborate provisions under Section 18(5) of
procedural regulations, to make its inquiry more transparent and impartial. After the
completion of its inquiry the Commission generally sends report along with
recommendations to the concerned government to report and comment within a
period of one month, or such further time as the Commission may allow. This
recommendation also includes what action should be taken in a particular case.
Lastly, Section 18(6) stipulates that the Commission should publish its report in
detail. In must include the comments of the Government or authority. The report
should also include what action the concerned government or authority is going to
take in a particular case.

13. However, the Commission has been deprived of the similar power while dealing with
armed forces. Section 19 restricts the power of NHRC to initiate investigation on its
own in the case of violation of human rights by armed forces. According to Section
19 (a) (1) of the Act the Commission has to seek a report from the Central
Government and after receiving of the report from Central Government, it may, either
not proceed with the complaint or, as the case may be, make its recommendations to
that Government. The power to make recommendations, when necessary, in section
19 must be read along with subsections (1) and (3) of section 18 which deal with the
nature of recommendations on conclusion of the inquiry, when closure of the
complaint is not considered appropriate. There is nothing restrictive in section 19 to
curtail this power of the Commission and the express power to make
recommendations leads necessarily to this conclusion. Jurisdiction of the NHRC to
deal with the complaints against armed forces is subject only to a restrictive
procedure.
It seems from the above provisions that the Commission is fully equipped to handle
any situation, but in practice the Commission is powerless, when a State government
refuse to comply with its recommendation. The Commission is endowed with only
recommendatory power, and recommendations of the Commission are not legally
binding. However, in most of the cases recommendations of the Commission have
been complied with by the concerned government or authority, as is apparent from
the prosecutions of several police officials, and the compensation awarded to victims
in various cases.
Annual and special reports of the Commission
(1) The Commission shall submit an annual report to the Central Government and to
the State Government concerned and may at any time submit special reports on any
matter which, in its opinion, is of such urgency or importance that it should not be
deferred till submission of the annual report.
(2) The Central Government and the State Government, as the case may be, shall
cause the annual and special reports of the Commission to be laid before each
House of Parliament or the State Legislature respectively, as the case may be, along
with a memorandum of action taken or proposed
to be taken on the recommendations of the Commission and the reasons for nonacceptance of the recommendations, if any.

14. State Human Rights Commission

15. Appointment of Chairperson and Members of State Commission
(1) The Chairperson and Members shall be appointed by the Governor by warrant
under his hand and seal:
Provided that every appointment under this sub-section shall be made after obtaining
the recommendation of a Committee consisting of
(a) The Chief Minister — Chairperson
(b) Speaker of the Legislative Assembly — Member
(c) Minister in-charge of the Department of Home, in that State — Member
(d) Leader of the Opposition in the Legislative Assembly — Member
Provided further that where there is a Legislative Council in a State, the Chairman of
that Council and the Leader of the Opposition in that Council shall also be members
of the Committee. Provided also that no sitting Judge of a High Court or a sitting
District Judge shall be appointed except after consultation with the Chief Justice of
the High Court of the concerned State.
(2) No appointment of a Chairperson or a Member of the State Commission shall be
invalid merely by reason of [any vacancy of any Member in the Committee referred
to in sub-section (1)
Resignation and Removal of Chairperson or a Member of the State
Commission
(1) The Chairperson or a Member of a State Commission may, by notice in writing
under his hand addressed to the Governor, resign his office
(1A) Subject to the provisions of sub-section (2), the Chairperson or any Member of
the State Commission shall only be removed from his office by order of the President
on the ground of proved misbehavior or incapacity after the Supreme Court, on a
reference being made to it by the President, has, on inquiry held in accordance with
the procedure prescribed in that behalf by the Supreme Court, reported that the
Chairperson or such Member, as the case may be, ought on any such ground to be
removed.
(2) Notwithstanding anything in sub-section (1A), the President may by order remove
from office the Chairperson or any Member if the Chairperson or such [Member]5, as
the case may be –
(a) Is adjudged an insolvent; or
(b) Engages during his term of office in any paid employment outside the duties of
his office; or
(c) Is unfit to continue in office by reason of infirmity of mind or body; or
(d) Is of unsound mind and stands so declared by a competent court; or
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of
the President involves moral turpitude.

16. Powers to make Rules
Power of Central Government to make rules
(1) The Central Government may, by notification, make rules to carry out the
provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters namely :(a) The salaries and allowances and other terms and conditions of service of the
Chairperson and Members under section 8;
(b) The conditions subject to which other administrative, technical and scientific staff
may be appointed by the Commission and the salaries and allowances of officers
and other staff under subsection (3) of section 11;
(c) Any other power of a civil court required to be prescribed under clause (f) of subsection (1) of section 13;
(d) The form in which the annual statement of accounts is to be prepared by the
Commission under sub-section (1 ) of section 34; and
(e) Any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form
or be of no effect, as the case may be; so however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under
that rule.
Power of Commission to make Regulations
(1) Subject to the provisions of this Act and the rules made there under, the
Commission may, with the previous approval of the Central Government, by
notification, make regulations to carry out the provisions
of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following matters, namely:(a) The procedure to be followed by the Commission under subsection(2) of Section
10;
(b) The returns and statistics to be furnished by the State Commission;
(c) Any other matter which has to be, or may be, specified by regulations.

17. (3) Every regulation made by the Commission under this Act shall be laid, as soon
as may be after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session or the successive
sessions aforesaid, both Houses agree
in making any modification in the regulations or both Houses agree that the
regulation should not be made, the regulation shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so however, that any
such modification or annulment shall be without prejudice to the validity of anything
previously done under that regulation.