ROLE OF NATIONAL HUMAN RIGHT COMMISSION

NHRC of India is an independent statutory body established on 12 October, 1993 as per
provisions of Protection of Human Rights Act, 1993, later amended in 2006.. It is the
watchdog of human rights in the country, i.e. the rights related to life, liberty, equality and
dignity of the individual guaranteed by Indian Constitution or embodied in the international
covenants and enforceable by courts in India.It was established in conformity with the Paris
Principles, adopted for the promotion and protection of human rights in Paris (October, 1991)
and endorsed by the General Assembly of the United Nations on 20 December, 1993.

COMPOSITION
NHRC is a multi-member body which consists of a Chairman and seven other members. Out
of the seven members, three are ex-officio member. President appoints the Chairman and
members of NHRC on recommendation of high-powered committee headed by Prime
Minister.

The Chairperson and the members of the NHRC are appointed for 5 years or till the age of 70
years, whichever is earlier. They can be removed only on the charges of proved misbehavior
incapacity, if proved by an inquiry conducted by a Supreme Court Judge. Commission also
has five Specialized Divisions i.e. Law Division, Investigation Division, Policy Research &
Programmes Division, Training Division and Administration Division.

POWER AND FUNCTIONS

a) NHRC investigates grievances regarding the violation of human rights either suo moto or
after receiving a petition.

b) It has the power to interfere in any judicial proceedings involving any allegation of
violation of human rights.

c) It can visit any jail or any other institution under the control of the State Government to
see the living conditions of the inmates and to make recommendations thereon.

d) It can review the safeguards provided under the constitution or any law for the protection
of the human rights and can recommend appropriate remedial measures.

e) NHRC undertakes and promotes research in the field of human rights.

f) NHRC works to spread human rights literacy among various sections of society and
promotes awareness of the safeguards available for the protection of these rights through
publications, media, seminars and other means.

g) The Commission takes an independent stand while providing opinions for the protection
of human rights within the parlance of the Constitution or in law for the time being
enforced.

h) It has the powers of a civil court and can grant interim relief.

i) It also has the authority to recommend payment of compensation or damages.

j) NHRC credibility is duly reflected in large number of complaints received every year and
the trust reposed in it by the citizens.

ROLE OF NHRC

Since its formation, the NHRC has widely dealt with issues relating to application of human
rights. NHRC has established its reputation for independence and integrity. There is an ever-
increasing number of complaints addressed to the Commission seeking redressal of
grievances. The NHRC has pursued its mandate and priorities with determination and
considerable success.

Some of the famous interventions of NHRC include campaigns against discrimination of HIV
patients. It also has asked all State Governments to report the cases of custodial deaths or
rapes within 24 hours of occurrence failing which it would be assumed that there was an
attempt to suppress the incident. An important intervention of the Commission was related to
Nithari Village in Noida, UP, where children were sexually abused and murdered. Recenlty,
NHRC helped bring out in open a multi crore pension scam in Haryana. It also is looking up
the sterilization tragedy of Chattisgarh.

In spite of many achievements, the NHRC has been marred with controversies. For instance,
the Batla House encounter case in the recent past. The Commission’s report giving clean chit
to the Delhi Police came under fire from various quarters. It was said that the Commission
had failed to conduct a proper inquiry as its officials never visited the site and filed a report
on the basis on the police version.
 NATIONAL COMMISSION FOR WOMEN

National Commission for Women is also one of the significant statutory bodies established
by the Government of India. It was established in 1992 under the provisions of the National
Commission for Women Act, 1990. The Central Government took the initiative to establish
this Commission by keeping in view the provisions of India’s constitution to strengthen the
women in country through addressing plights, suppressions and other types of violence they
use to face. National Commission for Women also takes the initiatives for overall
development of women community in whole country.

Main aim of National Commission for Women is to raise the concern for the women and to
represent itself for their rights. This Commission takes into account the issues and concerns
of women community and advises for the authentic solution of all the problems they face.
This Commission takes into consideration many common issues associated with women and
their repression from dowry to religious or political factors and most importantly their equal
representation in job market and other exploitations.

WORKING

National Commission for Women became statutory body and kept taking many steps for the
protection of women. It also makes a point to work under the National Commission for
Women Act, 1990 which is the key guideline for this Commission to suggest and explore
initiatives meant for women and their overall growth.

COMPOSITION

The Commission shall consist of

 (a) A Chairperson, committed to the cause of women, to be nominated by the Central
Government.

(b) five Members to be nominated by the Central Government from amongst persons of
ability, integrity and standing who have had experience in law or legislation, trade unionism,
management of an industry potential of women, women’s voluntary organizations ( including
women activist ), administration, economic development, health, education or social welfare;

Provided that at least one Member each shall be from amongst persons belonging to the
Scheduled Castes and Scheduled Tribes respectively;

FUNCTIONS

1. Work as the coordinating agency to receive and process all the complaints related to
Indian Women deserted by their Overseas Indian husbands.
2. Shall render all possible assistance to the complaints including conciliation, mediation
between the parties and advising the complainant on related issues.
3. Associating, networking with NGOs, community organizations in India and overseas
and State women Commissions for wider area coverage, so as to assist easy access and
provide support services.
4. Shall endeavour towards a coordinated response amongst various Government
agencies/organizations such as State Governments, The National Human Rights Commission,
Indian Embassies and Mission, concerned Ministries etc.
5. Provide assistance to the distressed woman in litigation and other issues pertaining to
the complainant/case.
6. Shall maintain a data bank record of cases registered.
7. Seek reports from the State Government and other authorities on the complaints filed
and action taken thereon.
8. Shall advice and recommend the government on any policy or issue relating to the
NRI marriages.
9. Investigate various legal treaties on the issue and advice the Government on the
subject, wherever required.
10. Shall constitute an advisory committee panel of reputed advocates/NGOs, both in
India as well as abroad, which shall intermittently review the functioning of the cell, cases
filed and policy issues.
11. Shall constitute a panel of experts (All India) to support the aggrieved wife and
rendering legal services and other assistance, including mediation and conciliation.

RECENT CASES OF NRW

1. PETITION FILED IN SUPREME COURT AGAINST THE DELHI HIGH COURT

JUDGMENT IN SHIKHA SHARMA'S CASE
Recent judgment of the Honble High Court of Delhi wherein, the marriage of two young girls
of 15 and 16 was held to be valid. While the judgement took into account the peculiar facts
and circumstances of that case and the fact that no purpose would be served if the case of
rape proceeded and keeping a lawfully wedded husband in judicial custody, it brought into
open the wide disparities within various legislations dealing with the minimum age for
marriage, the definition of a child, the age to give sexual consent and the effect of child
marriage in certain cases.

The Hon’ble High Court of Delhi in two petitions for habeas corpus, basing on the existing
provisions of law, a young girl of 15-16 was allowed to bear a child and her marriage was
legalized. This judgement, though protested by many, was passed within the realms of the
existing law. However, it raised larger questions of public interest and particularly the health
of the girl child keeping in mind the high rate of maternal mortality especially in the age
group of 15-22.The petition seeks to highlight the disparities in various legislations,
particularly the Child Marriage (Restraint) Act 1929, The Hindu Marriage Act 1955, and the
explanation to Section 375 of the Indian Penal Code, 1890 as the well as the Shariat law, the
Indian Divorce Act, 1869 and the Juvenile Justice (care and protection of children) Act 2000.

2. RAMSHREE'S CASE
Due to the timely intervention of the National Commission for Women in the Supreme Court,
the order of death sentence was temporarily stayed and the Hon'ble Court, later on commuted
the death sentence into life imprisonment.
 NATIONAL COMMISSION FOR MINORITIES

It is a forum for appeal, set up to safeguard the rights and interests of India’s minority.
Government has appointed Syed Ghayorul Hasan Rizvi as the Chairman of National
Commission for Minorities (NCM). Apart from him 5 other members were appointed to
NCM. Unlike the National Commission for SCs and for STs, it is not a constitutional body. It
was set up by an Act of Parliament in 1992. The Constitution (One Hundred and Third
Amendment) Bill, 2004, proposed to establish a new Commission, with constitutional status.
But due to debate over who is a ‘minority’, the Bill lapsed.

Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Parsis and Jains have
been notified in Gazette of India as minority communities by the Union Government all over
India

COMPOSITION

The Commission shall consist of a Chairperson, a Vice Chairperson and five Members to be
nominated by the Central Government. All members shall be from amongst the minority
communities.
Five Members to be nominated by the Central Government from amongst persons of
eminence, ability and integrity; provided that five members including the Chairperson shall
be from amongst the minority communities.

FUNCTIONS
a) to evaluate the progress of the development of minorities under the Union and
states;      to monitor the working of safeguards provided in the Constitution and in union
and state laws;

b) to make recommendations for effective implementation of safeguards for the protection

of minority interests;

c) to look into, and take up, specific complaints regarding deprivation of rights and
safeguards of minorities;

d) to get problems of discrimination against minorities studied, and recommend ways to

remove them;

e) to conduct studies, research, analysis on socioeconomic and educational development of

minorities;

f) to suggest appropriate measures in respect of any minority to be undertaken by central or

state governments;

g) to make periodic or special reports to the Centre on any matter concerning minorities;
especially their difficulties;

h) to take up any other matter which may be referred to it by the central government.

POWER

a) Summoning and enforcing the attendance of any person from any part of India and
examining him on oath.

b) Requiring the discovery and production of any document.

c) Receiving evidence on affidavit.

d) Requisitioning any public record or copy thereof from any court or office.

e) Issuing commissions for the examination of witnesses and documents.

RECENT CASES OF NCM
National Commission for Minorities (NCM) Vice-Chairman George Kurian has written a
letter to Union Home Minister Amit Shah, claiming that Christian girls are "soft targets" for
Islamic terror recruiters in Kerala. In the letter dated September 23, George Kurian wrote:
"The spate of organised religious conversions and using the victims for terror activities by
trapping them through 'love jihad' has shown that the Christian community is a soft target for
Islamic radicals." He urged the home minister to order a National Investigation Agency
(NIA) probe in the matter and implement effective law against the spate of religious
conversions and use of victims for terror activities by Islamic radicals.

"It is important that the home ministry takes note of this alarming trend and order a probe by
the National Investigative Agency and bring in an effective law to curb such fraudulent
activities of radicalised elements," Kurian said.

He then highlighted the fact that out of 21 people who joined Islamic State from Kerala, five
were converted from Christianity. He also cited the case of a 19-year-old Christian girl who
was allegedly forced to convert to Islam after being blackmailed and sexually abused. George
Kurian's statement comes after the NCM received complaints from two Christian families.

First, the Kozhikode incident in which a Christian college student was allegedly raped by the
accused after she was given juice spiked with sedatives. The accused allegedly filmed the act
and then used the recording to force the victim to convert to Islam. Police alleged that when
the victim resisted the "attempt to convert", she was abducted from the hostel. The
Kozhikode victim's parents have filed a case with the Nadakavu police station against 19-
year-old Jasim, who was her classmate at a coaching centre in Kozhikode.

According to the complaint made by the victim's father, his daughter along with her two
friends had visited Sarovaram Bio Theme Park in the city on July 7 and met Jasim there
accidentally. The father further alleged that his daughter was later drugged and sexually
abused in a building in the park, adding that the accused recorded videos of the crime. Later,
Jasim allegedly blackmailed her with the videos and forced her to convert to Islam. While the
RSS and its affiliates such as the Vishwa Hindu Parishad (VHP) have been carrying out
campaigns against instances of love jihad, this is the first time a member of a statutory body
like the NCM has used the term to point out that Christians were being targeted by radical
Islamists The National Minority Commission Vice-Chairman's letter comes after the
Kozhikode incident came to light following a complaint by the victim's parents with the
commission.

NATIONAL COMMISSION FOR SC/ST

It was created by the 65th amendment and replaced the special officer for SC and ST. By
89th amendment it was bifurcated and a National commission for SC was created.  It was set
up as a national level advisory body to advise the government on broad policy issues and
levels of development of Scheduled Castes and Scheduled Tribes. The president of India
appoints the chairman of commission. The fifth schedule of Indian constitution deals with the
administration and control of Scheduled Castes and Scheduled Tribes. Service condition and
tenure is determined by president of India. Article 341 deals with notification of Scheduled
Castes and Article 342 deals with notification of Scheduled Tribes.

The first Commission was constituted in 1992 with S. H. Ramdhan as Chairman.

COMPOSITION

It has chairman, vice chairman and three other members. All appointed by the president.
Their condition of service and tenure is determined by the president. Currently three years.
Chairman has status of a cabinet minister and vice chairman has a rank of a minister of state.

FUNCTIONS OF SC COMMISSION
(a) To investigate and monitor all matters relating to the constitutional and other legal

safeguards for the SCs and to evaluate their working;

(b) To participate and advise on the planning process of socio-economic development of the
SCs and to evaluate the progress of their development under the Union or a state;

(c) To present to the President, annually and at such other times as it may deem fit, reports
upon the working of those safgaurds.

(d) To make recommendations as to the measures that should be taken by the Union or a state
for the effective implementation of those safeguards and other measures for the
protection, welfare and socio-economic development of the SCs.

FUNCTION OF COMMISSION FOR ST

(a) To investigate and monitor all matters relating to the safeguards provided for the
Scheduled Tribes under the Constitution or under any other law for the time being in
force or under any order of the Government and to evaluate the working of such
safeguards;
(b) To inquire into specific complaints with respect to the deprivation of rights and
safeguards of the Scheduled Tribes;
(c) To participate and advise in the planning process of socio-economic development of the
Scheduled Tribes and to evaluate the progress of their development under the Union and
any State;
(d) To present to the President, annually and at such other times as the Commission may
deem fit, reports upon the working of those safeguards;
(e) To make in such reports, recommendations as to the measures that should be taken by the
Union or any State for effective implementation of those safeguards and other measures
for the protection, welfare and socio-economic development of the Scheduled Tribes, and
(f) To discharge such other functions in relation to the protection, welfare and development
and advancement of the Scheduled Tribes as the President may, subject to the provisions
of any law made by Parliament, by rule specify.

POWERS
To regulate its procedure. Acts as a civil court when it tries a suit and can summon witness,
official records, examine a person on oath, receive affidavits, any other function as the
president determines.
It also has to perform same functions for any backward caste as president may determine and
the Anglo Indian community. Centre and states have to consult these commissions while
formulating policies for SC and ST.
CASES
National Commission for Scheduled Castes (NCSC) has found carelessness on the part of the
police officials in its investigation of the Alwar gang-rape case. "Action against culprit police
officials will be recommended under section 4," said NCSC vice chairman L Murgan said on
Friday. "The victim met Alwar SP on April 30 and FIR should have been registered
immediately into the matter but it was only registered on May 2. The commission has taken
this very seriously," he added.

An enquiry by an officer of the secretary or joint secretary level will also be constituted in
this matter, said Mr Murgan. Previously, the government ordered two investigations by
Divisional Commissioner and DIG, vigilance into the matter. The SC commission, during its
visit, recorded the statement of the woman. It also instructed the state DGP and chief
secretary to provide security and all necessary help to her.

A woman was allegedly gang-raped by five men while her husband was beaten up in
Thanagaji area of Alwar district in Rajasthan on April 26. The woman and her husband were
on a motorcycle, when about five men aged between 20-25 years, stopped them and took the
couple to a deserted place. According to the FIR filed by the woman, they stripped the couple
and raped the woman in front of her husband. The accused also recorded the crime and
uploaded the video on social media, which went viral.
 ROLE OF MEDIA

First of all, the media plays an agenda-setting role in the society. In this regard, the media
influences public opinion by setting the agenda in public discourse, and when the media
deliberately sets a Human Rights-driven agenda in public discourse, it is likely to draw
people’s attention and Human Rights is promoted, as the agenda-setting theory states that,
“when issues are covered by the media as often as possible, the public would take them to be
important”.The media can as a result take up the Human Rights agenda by publishing or
broadcasting Human Rights programmes, disseminate Human Rights information, mobilize
Human Rights NGOs, strengthen popular participation in civil society, promote tolerance and
shine a light on government activity.

1. The media are expected to spearhead the fostering of peace, international understanding
and fighting racism. The media in Ghana for example have consistently provided
coverage for the on-going election petition case at the Supreme Court and introduced
 resource persons to explain procedures and terminologies to the general public regarding
the court case which has countless Human Rights dimensions. The reach of the media
transcends the home, up to the human mind where they shape human opinion and
influence behavior, this quality of the media therefore could induce tremendous Human
Rights enlightenments locally and globally.

2. The media can make people aware of the need to promote certain values in the cause of
Human Rights which are of eternal value to the mankind. Making people aware of their
rights is done by the media sometimes consciously and unconsciously. For example, a
media outlet’s dissemination of information regarding deaths at a mine site is in its
understanding just informing about the news of a disaster but in so doing is unconsciously
a Human Rights related news item. The media sometimes also deliberately works hand in
hand with Human Rights organizations to carry out promotional programmes to either
create Human Rights awareness or bring violators to book.

3. The media also has the capabilities of giving publicity to individuals and organizations
which are engaged in securing Human Rights. This encourages as well as motivates
others to do similar Human Rights related works and in effect, the media once again plays
a very crucial promotion and protection role.

4. The media further can inform and educate the people of their fundamental Human Rights
and suggest ways and means by which they can solve their problems.

In a nutshell, the media are agents of social change that can bring about positive attitudinal
change in the audience; they set the agenda for the people to follow, crucial to opinion
formulation and eventual outcomes of events. They media can encourage governments and
civil society organizations to effect changes that will improve the quality of people’s lives.
Journalists, photographers and programme-makers frequently expose the plight of people
who have their fundamental Human Rights often violated by their superiors. In sum, the
media creates a general Human Rights awareness, exposes cases of Human Rights abuses and
violations, exposes perpetrators of Human Rights abuses for moral condemnation and legal
actions, publicizes the plights of victims for people to know or see, discourages Human
Rights abuses, helps secure redress or compensation for Human Rights violation victims,
enlightens and sensitize the general public on possible Human Rights violations, assists law
enforcement officials and Human Rights groups to track down cases of abuses and finally
educates the people on how to use appropriate communication channels to articulate their
views and give expressions to their aspirations.

CASES

A day before the hearing of the case in Supreme Court, the Uttar Pradesh government on
Thursday withdrew the National Security Act (NSA) against Bheem Army founder
Chandrashekhar, who was in jail under NSA since 2nd November 2017 for his alleged role in
clashes between Thakurs and Dalits in Saharanpur. The Bhim Army is a Bahujan-rights
organisation and was founded in 2014 by Chandrashekhar and Vinay Ratan Singh (also
national president Bhim Army) for the development of Dalits, and other marginalized
sections of society. His detention order was challenged after an Habeas Corpus writ petition
was filled in the Allahabad High Court. However, the Allahabad High Court dismissed the
petition on grounds that his detention is valid.

Human Rights Law Network (HRLN) had challenged the Allahabad High Court order in
Supreme Court through a Special Leave Petition (SLP). Subsequently, the matter was listed
before the bench of Chief Justice of India Dipak Misra on 10th August, 2018.

Earlier, Chandrashekhar’s counsel advocate Shreeji Bhavsar had said, “NSA is a draconian
law. It is a weapon in the hand of the state and the Centre, which is being used as tool for
political persecution rather than controlling law and order situation. The detention of
Chandrashekher is an example of how the NSA is being misused by the state and the Union.

While highlighting the unaccountable power under NSA Act, advocate Bhavsar said, “Under
the Act, a District Magisrate — who is responsible for the law and order situation — can pass
an detention order under an apprehension, stating that if a particular individual is not detained
then there might be a law and order situation in the area.