Establishment of The National Human Rights Commission in India

The present struggle for human rights in India has its antecedents during the colonial rule but it became intense and full fledged in emergency period as imposed by Indira Gandhi. In u of the Implementation of one of the pledges given in the election manifesto of congress (I) on 1991 and keeping in view the urgency of the matter in the light of wild criticism of Pakistan and other western powers, including some non-governmental organisations like Amnesty International and Asia watch, by their allusions to alleged violations of human rights in Punjab and Kashmir, the Government of India thought it expedient in the national interest to set up a commission through a Presidential ordinance promulgated on 23 Septembers, 1993 which became on Act., in 1994. Dr. Ponnaian  also says that a glittering landmark of the Indian Endeavour came into being in the form of National Human Rights Commission.

There was widespread misgivings about the usefulness of the National Human Rights, commission established by the Government of India in 1933. Several NGO’s and the print media among others were sceptical that a Government appointed Commission would be able to uphold human rights in the face of violation of rights by state agencies. It was thought that human rights and establishment were mutually antithetical. At the root of the apprehension was the mindset that human rights violations in India were only at the hands of police and security forces. In other words, the societal dimension was overlooked.

The question that arises is that Is the commission autonomous ? The answer is Yes, infact the autonomy of the commission derives, inter–alia, for the method of appointing the members, their fixity  of tenure and statutory guarantee thereto, the status they have been accorded and the manner in which the staff responsible to the commission – including its investigative  agency will be appointed and conduct themselves. The chairperson and members of the commission are appointed by the president on the basis of recommendations of a committee comprising the Prime Minister as a chair person, the speaker of the Lok Sabha, the Home Minister, the leaders of the opposition in Lok Sabha and Rajya Sabha and the Deputy chairman of the Rajya Sabha as members. The chairman of the commission shall be the ex-chief Justice of the Supreme Court, one member shall be either a working or a retired judge of the Supreme Court, one member as working or retired Chief Justice of a High Court and two two persons known for their work in the sphere of human rights. The Chair persons of the National Commission for Scheduled Castes and Scheduled Tribes, National Commission for minorities and National Commission for women shall be the ex-officio members. The chairman and the other members of this body shall retire on completing the age of 70 yrs. Or on completing a term of five years, whichever earlier. The chairman or any other member shall be removed by the president on the charge of proved misbehaviour or incapacity, if it is proved in any enquiry conducted by a judge of Supreme Court.