Justice Arun Mishra takes over as NHRC Chairman

Former Supreme Court Judge, Justice Arun Kumar Mishra took over as the Chairman of the National Human Rights Commission (NHRC)

LEARNING FROM HOME/ WITHOUT CLASSES/ BASICS

United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights (UDHR). The UDHR is a milestone document that proclaims the inalienable rights which everyone is entitled to as a human being – regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status.

NATIONAL HUMAN RIGHTS COMMISSION

The National Human Rights Commission (NHRC) of India, a statutory body, was established on 12 October, 1993. Section 2(1)(d) of the Act defines Human Rights as the 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.

Apart from enquiry into complaints of violation of human rights or negligence in the prevention of such violation by a public servant, the Commission also studies treaties and international instruments on human rights and make recommendations for their effective implementation to the Government. It has all the powers of a civil court.

TheNHRC is a unique institution because it is one of the few National Human Rights Institutes (NHRIs) in the world whose Chairperson is the former Chief Justice of the country. This act also authorized State Governments to establish State Human Right Commission. President appoints the Chairman and members of NHRC .The chairman and the members of State Commission are appointed by the Governor 

  • The President of India gets an annual report from NHRC which is laid before both the Houses of the Parliament.
  • The Recommendations made by the NHRC are not binding.
  • Violation of Human rights by private parties cannot be considered under NHRC Jurisdiction.
  • NHRC doesn’t have the power to penalise the authorities that don’t implement its recommended orders.

NHRC does not have any mechanism of investigation. In majority cases, it asks the concerned Central and State Governments to investigate the cases of the violation of Human Rights. NHRC can only make recommendations, without the power to enforce decisions.

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