Victimology- Role of NHRC

• Does NHRC has any relevance in the life of a victim of crime or abuse
of power???
What is NHRC- what is Human rights…
• The Protection of Human Rights Act, 1993, established the National
Human Rights Commission in 1993. The Role of the National Human
Rights Commission is the protection and promotion of human rights
in India.
• Section 2(1)(d) of the Act defines "human rights" as "individual rights
to life, liberty, equality, and dignity guaranteed by the Constitution or
embodied in international covenants and enforceable by Indian
courts."
Composition:
• Chairperson: The chairperson is either a retired Chief Justice of India or a Supreme Court judge.
• The President appoints them based on the recommendations of a six-member commission that
includes:
• Leaders of the Opposition in both Houses of Parliament
• Union Home Minister
• Prime Minister (head)
• Speaker of the Lok Sabha
• Deputy Chairman of the Rajya Sabha
• A current or retired Supreme Court judge is one of the members.
• A serving or retiring Chief Justice of a High Court is one of the members.
• Three Members: Having knowledge of or practical expertise with human rights issues. (One must be a
Woman)
• Seven ex-officio members: Chairpersons of the National Commission for Scheduled Castes and
Scheduled Tribes, National Commission for Minorities and National Commission for Women, National
Commission for Backward Classes, the National Commission for the Protection of Child Rights, and
the Chief Commissioner for Persons with Disabilities
Some Functions:
• General Functions: The NHRC. amongst other facets of its existence, has the
authority to undertake the following:
• Take suo motu cognizance, or intervene, in any matter presented before it, or in
any other court after due permission of such court, involving the gross violation
of human rights and/or the negligence in the prevention of such violation of
rights.
• Visit any jails or other institutions to keep a check on the treatment of
detainees, and make recommendations to the respective Government for the
same.
• Review the Constitution of India and all other laws prevailing at the present
time, and suggest methods of making the same at par with current human right
standards
• Keep a check on and provide recommendations for unemployment in India, and
measures to reduce the same.
• ETC…
• Though NHRC has been confined with a lot of general and specific
powers as to inquiries and investigation but their powers are limited to a
larger extend certain limitations are:
• Insufficient powers for rendering relief: The
recommendations given by the NHRC are not binding on
any authority, be it legislative or executive. The
Commission cannot penalize any authority or department
for not following its orders or directions.
• Lack of Jurisdiction: As a safeguard for human rights
throughout India, the NHRC is failing at primarily
reaching all the parts of the country.
• Armed Forces: The NHRC does not have the jurisdiction
to question and ask information from the National
Government, on matters relating to the working of the
Armed Forces
• Shortcomings in Investigations: The NHRC does not
have the means to carry out any investigations with its
own agenda and mode.

• IS NHRC related to the concept of victimology??

The relation:
• The idea oh human rights was limited to Universal Declaration of
Human Rights (UDHR) which ignited the importance of such rights in
the state, in pursuance of the same, it concluded the Paris Principles
on Human Rights, which led to the birth of the ‘Protection of Human
Rights Act, 1993’ in India.
• Does the act talk about the existence of such relation – No
• Then is it related- yes
• How- --------
Specific function of NHRC for the victim:
• It can recommend the initiation of action against a
guilty public servant, to the respected authorities-
Victim of abuse of power
• It can recommend the grant of interim relief to a
victim, to the concerned government authority- victim
of crime or any victim.
Definition of victim and its relation to
NHRC:
• ‘Victims’ means natural persons who, individually or collectively,
have suffered harm, including physical or mental injury, emotional
suffering or economic loss or violations of fundamental rights in
relation to victimizations identified under ‘scope’.

• "human rights" as "individual rights to life, liberty, equality, and

dignity guaranteed by the Constitution or embodied in international
covenants and enforceable by Indian courts."