National Human Rights Commission राष्ट्रीय मानवाधिकार आयोग NHRC | |
---|---|
Motto | sarve bhavantu sukhinaḥ (transl. "May All be Happy") |
Agency overview | |
Formed | 12 October 1993 |
Jurisdictional structure | |
Federal agency (Operations jurisdiction) | India |
Operations jurisdiction | India |
Map of National Human Rights Commission's jurisdiction | |
Size | 3,287,263 km2 (1,269,219 sq mi) |
Legal jurisdiction | India |
Governing body | [[Ministry of Home Affairs - Government of India |
General nature | |
Operational structure | |
Headquarters | MANAV ADHIKAR BHAVAN, BLOCK-C, GPO COMPLEX, INA, New Delhi - 110 023. |
Agency executive |
|
Website | |
www |
The National Human Rights Commission of India (abbreviated as NHRC) is a statutory body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. [1] It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA). [2] 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". [3]
The Protection of Human Rights Act mandates the NHRC to perform the following:
The NHRC consists of the chairperson and five members (excluding the ex-officio members) [4]
The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be appointed only after the consultation with the Chief Justice of India.
Arun Kumar Mishra, a former judge of Supreme Court, is chairperson of the commission. The last chairman of the NHRC was Justice H. L. Dattu, who completed his tenure on 2 December 2020. [6] The other members are: [7]
Ex-officio members:
A state government may constitute a body known as the Human Rights Commission of that State to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission. In accordance with the amendment brought in TPHRA,1993 [10] point No.10 below is the list [11] of State Human Rights Commissions formed to perform the functions of the commission as stated under chapter V of TPHRA,1993 (with amendment act 2006). At present, 25 states have constituted SHRC [12]
Section 2, 3 and 4 of TPHRA lay down the rules for appointment to the NHRC. The chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of:
Sr. No. | Portrait | Name | Tenure | |
---|---|---|---|---|
1. | Justice Ranganath Misra | 12 October 1993 | 24 November 1996 | |
2. | Justice M N Venkatachaliah | 26 November 1996 | 24 October 1999 | |
3. | Justice J S Verma | 4 November 1999 | 17 January 2003 | |
4. | Justice A S Anand | 17 February 2003 | 31 October 2006 | |
- | Justice Shivaraj Patil (Acting) [15] | 1 November 2006 | 1 April 2007 | |
5. | Justice S. Rajendra Babu | 2 April 2007 | 31 May 2009 | |
- | Justice G. P. Mathur (Acting) | 1 June 2009 | 6 June 2010 | |
6. | Justice K G Balakrishnan | 7 June 2010 | 11 May 2015 | |
- | Justice Cyriac Joseph (Acting) | 11 May 2015 | 28 February 2016 | |
7. | Justice H.L. Dattu | 29 February 2016 | 2 December 2020 | |
– | Justice Prafulla Chandra Pant (Acting) | 25 April 2021 [16] | 1 June 2021 | |
8. | Justice Arun Kumar Mishra | 2 June 2021 | Incumbent |
A report concerning the manner in which the Shivani Bhatnagar murder case was rejected, a case involving high-ranking officials, opened the organisation up to questioning over the usefulness of human rights commissions set up by the government at the national and state levels.[ citation needed ] In mid-2011, the chairman of the NHRC, ex-Chief Justice K.G. Balakrishnan came under a cloud for allegedly owning assets disproportionate to his income. [17] His son-in-law P. V. Srinijan, an Indian National Congress politician, had to resign for suddenly coming into possession of land worth Rs. 25 lakhs. [18] Many prominent jurists, including former CJ J. S. Verma, SC ex-Judge V. R. Krishna Iyer, noted jurist Fali S. Nariman, former NHRC member Sudarshan Agrawal and prominent activist lawyer Prashant Bhushan, have called on Balakrishnan's resignation pending from the HRC pending inquiry. [19] In February 2012, the Supreme Court inquired of the government regarding the status of the inquiry. [20]
NHRC held that 16 out of 19 police encounters with suspected Maoists in Guntur and Kurnool districts of Andhra Pradesh, prior to 2002 were fake and recommended to Government payment of compensation of Rs 5 lakh each to the kin of the families. [21]
The Supreme Court of India is the supreme judicial authority and the highest court of the Republic of India. It is the final court of appeal for all civil and criminal cases in India. It also has the power of judicial review. The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original, appellate and advisory jurisdictions.
Adarsh Sein Anand was the 29th Chief Justice of India, serving from 10 October 1998 to 31 October 2001.
Konakuppakatil Gopinathan Balakrishnan is an Indian judge who served as Chief Justice of the Supreme Court of India and later the chairperson of the National Human Rights Commission of India. He was the first judge from Kerala to become the Chief Justice of the Supreme Court. His tenure lasting more than three years has been one of the longest in the Supreme Court of India. While being Chief Justice of Gujarat High Court, he was appointed the acting governor of Gujarat from 16 January 1999 to 18 March 1999. In 2010, he was conferred with an honorary doctorate by Cochin University of Science and Technology.
Ranganath Mishra was the 21st Chief Justice of India, serving from 25 September 1990 to 24 November 1991. He was also the first chairman of the National Human Rights Commission of India. He also served as Member of Parliament in Rajya Sabha from the Congress Party between 1998 and 2004. He is the second Supreme court judge to become a Rajya Sabha member after Baharul Islam who was also elected as Indian National Congress member.
Jagdish Sharan Verma was an Indian jurist who served as the 27th Chief Justice of India from 25 March 1997 to 18 January 1998. He was the chairman of the National Human Rights Commission from 1999 to 2003, and chairman of the Justice Verma Committee Report on Amendments to Criminal Law after the 2012 Delhi gang rape case. He remains one of India's most highly regarded Chief Justices and eminent jurists in its history.
Handyala Lakshminarayanaswamy Dattu is a former Chief Justice of India, and the former chairman of the National Human Rights Commission. As the chief justice, he served for nearly 14 months, from 28 September 2014 to 2 December 2015. Before his elevation as a judge of the Supreme Court of India on 17 December 2008; he had served as the Chief Justice of the Kerala High Court and the Chhattisgarh High Court.
Arun Kumar Mishra is the eighth and current chairperson of National Human Rights Commission of India. He is a former judge of the Supreme Court of India. He is the former chief justice of the Calcutta High Court and Rajasthan High Court. He has also served as acting chief justice of the Rajasthan High Court. He is a former judge of the Madhya Pradesh High Court.
Shivaraj Virupanna Patil is a retired Indian judge who served as a justice of the Supreme Court of India from 2000 to 2005.
The National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the recruitment, appointment and transfer of judicial officers, legal officers and legal employees under the government of India and in all state governments of India. The commission was established by amending the Constitution of India through the 99th constitution amendment with the Constitution (Ninety-Ninth Amendment) Act, 2014 or 99th Constitutional Amendment Act-2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014. The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme court via judicial fiat by a new system. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act, 2014, was also passed by the Parliament of India to regulate the functions of the National Judicial Appointments Commission. The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures in India, and subsequently assented by the President of India Pranab Mukherjee on 31 December 2014. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.
The Goa Human Rights Commission was constituted in the month of March 2011 to perform the functions assigned to the State Commission under Chapter V of the Protection of Human Rights Act 1993. The current Chairman of the Commission is Justice Utkarsh V. Bakre, former High Court Judge.
The Rajasthan State Human Rights Commission is a State Government body constituted on 18 January 1999 to exercise the powers conferred upon, and to perform the functions assigned to, a State Human Rights Commission under chapter-V of The Protection of Human Rights Act, 1993.
Bihar Human Rights Commission was established on 3 January 2000 by Notification No. 207. The Commission became functional by notification No. 6896 on 25 January 2008 with the appointment of its first chairperson, Justice S. N. Jha, former Chief Justice of the Jammu & Kashmir and Rajasthan High Court, along with Justice Rajendra Prasad, a former Judge of the Patna High Court and R. R. Prasad, a former Director General of Police, Bihar as supporting members of the commission.
The Kerala State Human Rights Commission was constituted on 11 December 1998 with the appointment of the first Chairperson Justice M.M. Pareed Pillay, a former Chief Justice Kerala High Court along with Dr. S. Balaraman and Shri. T.K. Wilson as supporting members by notification S.R.O No. 1066/1998 Dt: 11-12-98. The former Chief Justice of Kerala High Court Justice S. Manikumar is the present chairperson. The Chairperson and members are appointed by the Kerala Governor.
The Karnataka State Human Rights Commission was formally constituted by the Government order No. LAW 20 LAG 05 dated 28 June 2005. However, the present chairperson and members were appointed by the Governor of Karnataka vide notification No. LAW 17 HRC 2005 Dt. 23.07.2007 & 28.07.2007
Odisha Human Rights commission was constituted on 27 January 2000 via home department notification No. 5144 Dt: 27.8.2000. However, it became formally operational on 11 July 2003 with the appointment of Justice D. P. Mohapatra, a former Chief Justice of the Allahabad High Court and former Judge of the Supreme Court of India joined as its first chairperson of the commission via notification No. 8438 Dt: 24.6.2003. He was supported by Shri S.M. Patnaik, a former Chief Secretary to Government of Orissa via notification No.8441 Dt: 24.6.2003.
In the State of Uttar Pradesh, the State Human Rights Commission was established on 4 April 1996. However, the Commission was formally constituted vide notification No. 2388-89 Dt: 7.10.2002 when Justice A.P. Mishra, a former Chief Justice of Delhi High Court and former Judge of Supreme Court of India was appointed as first Chairperson along with Justice V. Saran, Mr. S.R. Arya, Mr. S.V.M. Tripathi and Mr. Sukh Lal Adarsh as supporting members of the Commission. Currently, UPHRC is headed by Justice (Retired) Bala Krishna Narayan.
The Uttarakhand Human Rights Commission became fully functional in the true sense after appointment of Justice Vijender Jain, a former Chief Justice of Punjab and Haryana High Court who took charge as the first Chairperson on 13 May 2013. He was joined by Justice Rajesh Tandon, a former judge of Allahabad High Court & Uttarakhand High Court on 7 June 2013 as supporting member of the commission. The Secretary is Aparna Pandey
Sikkim State Human Rights Commission was constituted on 18 October 2008 vied notification No. 101/HOME/2008. Thereafter, Justice A.N. Ray, a former Chief Justice, Sikkim High Court of was appointed as the Chairperson vide Notification No. 106/HOME/2008 on 14 November 2008.
Andhra Pradesh State Human Rights Commission is a statutory organisation created as per "The Protection of Human Rights Act of 1993 for India" for the state of Andhra Pradesh to inquire into human rights violations for subjects referred in the state list and concurrent list mentioned in the seventh schedule of the constitution of India. The chairman and other members of the Andhra Pradesh State Human Rights Commission are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly. In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee.
Himachal Pradesh State Human Rights Commission is a statutory organisation created as per "The Protection of Human Rights Act of 1993 for India" for the state of Himachal Pradesh to inquire into human rights violations for subjects referred in the state list and concurrent list mentioned in the seventh schedule of the constitution of India. The Chairman and other members of the Himachal Pradesh Human Rights Commission are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly. In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee.
{{cite web}}
: Missing or empty |title=
(help); Missing or empty |url=
(help)