HR Unit 5 Notes 2022

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Arun Kumar Mishra, a former Judge of Supreme Court is current chairperson of the

commission (11th chairperson of NHRC). The last chairman of the NHRC was Justice H. L.
Dattu, who completed his tenure on 2 December 2020.

Justice Ranganath Misra (November 25, 1926 – September 13, 2012) served as 21st Chief
Justice of India between September 25, 1990 to November 24, 1991. He was the first chairman
of the National Human Rights Commission.

The major functions of the Commission include: Conducting inquiries and investigations into
human rights violations. Conducting public hearings or inquiries. Visiting, inspecting and
observing any authority, jail or organisation under the Government and submitting
recommendations to protect human rights.

Human rights include the right to life and liberty, freedom from slavery and torture,
freedom of opinion and expression, the right to work and education, and many more.
Everyone is entitled to these rights, without discrimination.

Article 1 Right to Equality

Article 4 Freedom from Slavery

Article 5 Freedom from Torture and Degrading Treatment

Article 6 Right to Recognition as a Person before the Law

Article 7 Right to Equality before the Law

Why are human rights important?

Human rights are basic rights that belong to all of us simply because we are human. They
embody key values in our society such as fairness, dignity, equality and respect. They are an
important means of protection for us all, especially those who may face abuse, neglect and
isolation
The National Human Rights Commission (NHRC) of India is a statutory public
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). 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]

 1Functions of NHRC
 2Composition
o 2.1Chairman and members
 3State Human Rights Commission
 4Appointment
 5List of Chairpersons
 6Controversy
 7Human Rights Campaign's recommendations
 8References
 9External links

The Protection of Human Rights Act mandates the NHRC to perform the following:

 Proactively or reactively inquire into violations of human rights by government of India or


negligence of such violation by a public servant
 The protection of human rights and recommend measures for their effective implementation
 Review the factors, including acts of terrorism that inhibit the enjoyment of human rights
and recommend appropriate remedial measures
 To study treaties and other international instruments on human rights and make
recommendations for their effective implementation
 Undertake and promote research in the field of human rights
 To visit jails and study the condition of inmates
 Engage in human rights education among various sections of society and promote awareness
of the safeguards available for the protection of these rights through publications, the media,
seminars and other available means
 Encourage the efforts of NGOs and institutions that works in the field of human rights
volunteerly.
 Considering the necessity for the protection of human rights.
 Requisitioning any public record or copy thereof from any court or office.

The NHRC consists of: The chairperson and five members (excluding the ex-officio members) [4]

 A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court.[5]

 One member who is, or has been, a Judge of the Supreme Court of India and one member
who is, or has been, the Chief Justice of a High Court.
 Three Members, out of which at least one shall be a woman to be appointed from amongst
persons having knowledge of, or practical experience in, matters relating to human rights.
 In addition, the Chairpersons of National Commissions viz., National Commission for
Scheduled Castes, National Commission for Scheduled Tribes, National Commission for
Women , National Commission for Minorities, National Commission for Backward
Classes, National Commission for Protection of Child Rights; and the Chief Commissioner
for Persons with Disabilities serve as ex officio members.

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 Supreme Court.

Chairman and members

Arun Kumar Mishra, a former Judge of Supreme Court is current chairperson of the commission
(11th chairperson of NHRC). The last chairman of the NHRC was Justice H. L. Dattu, who
completed his tenure on 2 December 2020. The other members are:[7]

 Mr. Justice M.M. Kumar


 Dr. D.M. Mulay
 Mr. Rajiv Jain
Ex-officio members:

 Chairperson, National Commission for Scheduled Castes


 Chairperson, National Commission for Scheduled Tribes
 Sardar Iqbal Singh Lalpura, Chairperson, National Commission for Minorities
 Rekha Sharma, Chairperson, National Commission for Women
 Chairperson, National Commission for Backward Classes
 Chairperson National Commission for Protection of Child Rights
 Chief Commissioner for Persons with Disabilities[8]

State Human Rights Commission[

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[9] point No.10 below
is the list[10] 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[11]

Appointment

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:

 The Prime Minister (Chairperson)
 The Home Minister
 The Leader of the Opposition in the Lok Sabha (Lower House)
 The Leader of the Opposition in the Rajya Sabha (Upper House)
 The Speaker of the Lok Sabha (Lower House)
 The Deputy Chairman of the Rajya Sabha (Upper House)

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