Society & Welfare
Social Legislation and Human Rights
Human Rights, NHRC and the State Human Rights Commission
UDHR 1948, the Protection of Human Rights Act 1993 and its 2019 amendment, NHRC and Chhattisgarh SHRC: composition, powers, limits and protective social laws.
Prerequisites
- Fundamental Rights — Part III is the constitutional core of human rights in India; Art 21 is the bridge between the two.
- Constitutional Remedies and Writs — courts are the first protector; the NHRC is an additional, non-judicial one.
- Constitutional and Statutory Bodies — how a statutory body differs from a constitutional one.
The Hook: A Complaint from Bastar Reaches Delhi
Connect
A tribal family in a remote village of Sukma says a relative was beaten in police custody. The nearest court is far away and a lawyer is expensive. Instead, the family writes a letter, in Hindi and without any fee, to the National Human Rights Commission in New Delhi or to the Chhattisgarh State Human Rights Commission (छत्तीसगढ़ राज्य मानव अधिकार आयोग) in Raipur. Within weeks, the Commission calls for a report from the Superintendent of Police.
Who are these Commissions, what can they actually do, and why do critics call them “toothless tigers”? This page answers those questions.
Why it matters: GS-V (Mains Paper VII) asks directly about human rights, the NHRC and social legislation. Expect short answers on composition and functions and longer answers evaluating the NHRC’s effectiveness, with Chhattisgarh examples (custodial violence, conflict-affected areas, displacement).
What Are Human Rights? (मानव अधिकार)
Human rights are the rights every person has simply by being human: life, liberty, equality and dignity. They are universal, inalienable, indivisible and interdependent.
The Protection of Human Rights Act, 1993 defines them in Section 2(1)(d): “human rights” means the 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.
The International Framework
| Instrument | Year | Key point |
|---|---|---|
| Universal Declaration of Human Rights (UDHR) | Adopted by the UN General Assembly on 10 December 1948 | 30 articles; not a treaty, so not legally binding by itself. 10 December = Human Rights Day |
| ICCPR (International Covenant on Civil and Political Rights) | Adopted 1966 (in force 1976) | Civil and political rights: life, fair trial, free speech. India acceded in 1979 |
| ICESCR (International Covenant on Economic, Social and Cultural Rights) | Adopted 1966 (in force 1976) | Work, health, education, social security. India acceded in 1979 |
| International Bill of Human Rights | — | UDHR + ICCPR + ICESCR (with the ICCPR’s Optional Protocols) |
| Paris Principles | Endorsed by the UN General Assembly in 1993 | Standards for national human rights institutions: independence, pluralism, broad mandate. India’s NHRC was designed with them in mind |
Three “Generations” of Rights (a Mains framework)
| Generation | Type | Indian counterpart |
|---|---|---|
| First | Civil and political (“liberty”) | Fundamental Rights, Arts 14–22 |
| Second | Economic, social and cultural (“equality”) | Directive Principles; Art 21A; food and work laws |
| Third | Collective or solidarity rights: environment, development, peace | Art 21 read with Arts 48A and 51A(g); environmental case law |
Constitution and human rights
India’s Constitution contains most UDHR rights. Civil and political rights sit in Part III (justiciable). Economic and social rights largely sit in Part IV (non-justiciable), but the Supreme Court has read many of them into Art 21: livelihood (Olga Tellis, 1985), speedy trial (Hussainara Khatoon, 1979), clean environment, shelter, health and privacy (K.S. Puttaswamy, 2017). See DPSP and Fundamental Duties.
The Protection of Human Rights Act, 1993 (मानव अधिकार संरक्षण अधिनियम)
| Point | Detail |
|---|---|
| Origin | An ordinance of 28 September 1993; the NHRC was set up on 12 October 1993. The Act replaced the ordinance (assent January 1994) |
| Nature | NHRC and SHRCs are statutory bodies, not constitutional bodies |
| Amendments | 2006 and 2019 (the 2019 amendment is the one examiners ask about) |
| Also provides for | State Human Rights Commissions (SHRCs) and Human Rights Courts in districts |
NHRC: Composition (after the 2019 Amendment)
| Post | Who can be appointed |
|---|---|
| Chairperson | A person who has been Chief Justice of India or a Judge of the Supreme Court (before 2019: only a former CJI) |
| Member | One who is or has been a Judge of the Supreme Court |
| Member | One who is or has been a Chief Justice or Judge of a High Court |
| Members | Three persons with knowledge of or practical experience in human rights, at least one a woman (before 2019: two members, no woman requirement) |
| Deemed (ex officio) members | Chairpersons of the National Commissions for Scheduled Castes, Scheduled Tribes, Women, Minorities, Backward Classes and Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities (the last three added in 2019) |
| Secretary-General | Chief executive officer of the Commission |
Appointment: by the President, on the recommendation of a six-member committee:
| Committee member | |
|---|---|
| Prime Minister | Chairperson |
| Speaker of the Lok Sabha | |
| Union Home Minister | |
| Leaders of the Opposition in both Houses | |
| Deputy Chairman of the Rajya Sabha |
Tenure (after 2019): 3 years or age 70, whichever is earlier; eligible for reappointment (earlier: 5 years, no reappointment). After leaving office, the Chairperson and members cannot take further government employment.
Removal: by the President, on proved misbehaviour or incapacity after an inquiry by the Supreme Court, or on grounds such as insolvency, paid employment outside duties, or unsoundness of mind.
Current Chairperson (as of 2026): Justice V. Ramasubramanian, a former Supreme Court judge, appointed by the President in December 2024.
NHRC: Functions and Powers (Sections 12, 13 and 18)
- Inquire into violation of human rights or negligence in preventing it by a public servant, suo motu, on a petition by a victim or any person on the victim’s behalf, or on a court’s direction.
- Intervene in court proceedings involving human rights.
- Visit jails and other institutions where people are detained (after informing the State Government).
- Review constitutional and legal safeguards and recommend measures.
- Study treaties and international instruments and recommend implementation.
- Promote research and human rights literacy; encourage NGOs.
Powers: while inquiring, the Commission has the powers of a civil court (summoning witnesses, documents, evidence). It has its own investigation team and can use officers of the Central or State Governments.
After an inquiry it can recommend: compensation or damages to the victim, prosecution or other action against the public servant, and immediate interim relief. It can also approach the Supreme Court or High Court for directions.
Limits of the NHRC
| Limit | Provision |
|---|---|
| Recommendations are not binding | The government must report action taken within one month, but need not accept the advice |
| One-year bar | It cannot inquire into a matter more than one year after the alleged violation (Sec 36(2)) |
| Armed forces | It can only seek a report from the Central Government and make recommendations; it cannot independently investigate (Sec 19) |
| Matters already before another commission | Cannot take up a matter pending before an SHRC or another commission constituted under law (Sec 36(1)) |
| No power to punish | It cannot penalise violators or award compensation by itself |
State Human Rights Commissions and the Chhattisgarh Commission
| Point | NHRC | SHRC |
|---|---|---|
| Chairperson | Former CJI or Supreme Court Judge | Former Chief Justice or Judge of a High Court (2019 amendment) |
| Members | Chairperson + 5 + 7 deemed members | Chairperson + 2 members (2019: reduced from 4) |
| Appointed by | President | Governor |
| Selection committee | PM-led (six members) | Chief Minister-led: Speaker, State Home Minister, Leader of Opposition (and, where there is a Legislative Council, its Chairman and LoP) |
| Removed by | President | President (not the Governor) |
| Jurisdiction | Whole of India; will not take up a matter already pending before an SHRC | Only matters relatable to the State List and Concurrent List |
Chhattisgarh Human Rights Commission (छत्तीसगढ़ मानव अधिकार आयोग)
- Became functional on 16 April 2001, a few months after the state was formed, with Justice K.M. Agrawal (a former Chief Justice of the Sikkim High Court) as its first Chairperson.
- Headquartered at Raipur.
- Typical complaint types in the state: custodial deaths and police excesses, conditions in jails, violence and displacement in Left Wing Extremism (LWE)-affected Bastar, and neglect in health and welfare institutions.
- The NHRC has also held camp sittings in Chhattisgarh to hear cases locally.
Human Rights Courts (Sec 30): For speedy trial of offences arising from human rights violations, the State Government, with the concurrence of the High Court’s Chief Justice, may specify a Court of Session in each district as a Human Rights Court, with a Special Public Prosecutor (Sec 31).
Other Protective Social Laws (Quick Map for GS-V)
Human rights become real through specific laws. CGPSC Mains often asks about these as “social legislation as an instrument of social change”.
| Group protected | Law | Year |
|---|---|---|
| Dalits, Adivasis | Protection of Civil Rights Act; SC/ST (Prevention of Atrocities) Act — see next page | 1955; 1989 |
| Women | Dowry Prohibition Act | 1961 |
| Women | Protection of Women from Domestic Violence Act | 2005 |
| Women | Sexual Harassment of Women at Workplace (POSH) Act (after the Vishaka guidelines, 1997) | 2013 |
| Children | Protection of Children from Sexual Offences (POCSO) Act | 2012 |
| Children | Juvenile Justice (Care and Protection of Children) Act | 2015 |
| Children | Prohibition of Child Marriage Act | 2006 |
| Children, adolescents | Child and Adolescent Labour (Prohibition and Regulation) Act (renamed by the 2016 amendment of the 1986 Act) | 1986 / 2016 |
| Persons with disabilities | Rights of Persons with Disabilities Act (21 disabilities) | 2016 |
| Transgender persons | Transgender Persons (Protection of Rights) Act | 2019 |
| Senior citizens | Maintenance and Welfare of Parents and Senior Citizens Act | 2007 |
| Chhattisgarh | Chhattisgarh Tonahi Pratadna Nivaran Adhiniyam, 2005 (witch-hunting) — see next page | 2005 |
New criminal laws from 1 July 2024
The Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Adhiniyam, 2023 replaced the IPC, CrPC and Indian Evidence Act with effect from 1 July 2024. When older notes cite “Section 498A IPC” or “Section 438 CrPC”, write the new law alongside, or simply say “under the criminal law”.
Evaluation: Is the NHRC a “Toothless Tiger”? (Mains)
| Strengths | Weaknesses |
|---|---|
| Low-cost, informal access: complaints by letter, email or online, no fee | Recommendatory only; compliance depends on governments |
| Guidelines on custodial deaths (report within 24 hours), encounter killings and bonded labour have changed police practice | One-year limit shuts out older grievances |
| Suo motu cognisance of media reports | Weak over armed forces (Sec 19) |
| Spot inquiries and camp sittings bring it closer to remote areas | Dominated by retired judges and officials; dependence on government for staff and funds |
| Monitors bonded labour, mental hospitals, prisons | Large backlog; SHRCs often have vacancies |
| A forum for marginalised groups that cannot reach courts | Its independence has been questioned in international accreditation reviews |
Way forward: binding force for at least compensation orders, extending the one-year limit, an independent investigation cadre, filling SHRC vacancies, and a wider role for civil society in appointments, as the Paris Principles envisage.
Memory Tricks
2019 amendment: '3-70-Woman-Judge'
- 3 years tenure (was 5), reappointment allowed
- 70 years age cap
- Woman: at least one woman among the three human-rights members
- Judge: Chairperson can now be any former SC Judge, not only a former CJI (and a former HC Judge can now chair an SHRC)
Selection committee: 'PM + 2 Leaders + Speaker + Home + Deputy'
Prime Minister (chair) · Speaker LS · Home Minister · LoP LS · LoP RS · Deputy Chairman RS. Six people. The CJI is not on it.
Don’t Confuse
| This | vs | That |
|---|---|---|
| NHRC appointed by the President | vs | SHRC appointed by the Governor, but removed by the President |
| NHRC: statutory (1993 Act) | vs | National Commission for SCs/STs: constitutional (Arts 338, 338A) |
| UDHR: 1948, declaration (not binding) | vs | ICCPR/ICESCR: 1966, covenants (binding on parties) |
| NHRC set up 12 October 1993 | vs | Human Rights Day 10 December (UDHR anniversary) |
| Chhattisgarh SHRC functional 2001 | vs | State formed 1 November 2000 |
Common Mistakes
MCQ traps
- “The NHRC is a constitutional body.” False. It is statutory, under the Protection of Human Rights Act, 1993.
- “Only a retired Chief Justice of India can head the NHRC.” Outdated. Since 2019, a former Supreme Court Judge is also eligible.
- “The Governor removes the SHRC chairperson.” False. The Governor appoints, but only the President can remove.
- “The NHRC can inquire into any violation, however old.” False. The one-year limit applies.
- “The CJI sits on the NHRC selection committee.” False. The committee is political: PM, Speaker, Home Minister, two LoPs and the Deputy Chairman of the Rajya Sabha.
- “NHRC decisions are binding like a court’s.” False. They are recommendations; it has civil-court powers only for conducting inquiries.
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- The UDHR was adopted by the UN General Assembly on ______, now observed as Human Rights Day.
- After the 2019 amendment, the tenure of the NHRC Chairperson is ______ years or ______ years of age, whichever is earlier.
- Who removes the Chairperson of a State Human Rights Commission?
Answers
- 10 December 1948.
- 3 years or 70 years of age.
- The President (not the Governor, who appoints).
Level 2: Prelims-style MCQs
Q1. Consider the following statements about the National Human Rights Commission:
- It was established under an Act of Parliament and is not mentioned in the Constitution.
- After the 2019 amendment, its Chairperson may be a retired Judge of the Supreme Court.
- It can inquire into any human rights violation irrespective of when it occurred.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer and explanation
(b) 1 and 2 only. The NHRC is statutory (Protection of Human Rights Act, 1993). The 2019 amendment allows a former Supreme Court Judge, not only a former CJI, to be Chairperson. Statement 3 is wrong: Section 36(2) bars inquiry into a matter after one year from the alleged violation.
Q2. Which of the following is not a member of the committee that recommends the NHRC Chairperson?
- (a) Speaker of the Lok Sabha
- (b) Deputy Chairman of the Rajya Sabha
- (c) Chief Justice of India
- (d) Union Home Minister
Answer and explanation
(c) Chief Justice of India. The committee is chaired by the Prime Minister and includes the Speaker, the Union Home Minister, the Leaders of the Opposition in both Houses and the Deputy Chairman of the Rajya Sabha. The judiciary has no seat on it, which is a frequent criticism.
Q3. Match List I with List II:
| List I | List II |
|---|---|
| A. UDHR adopted | 1. 1966 |
| B. ICCPR and ICESCR adopted | 2. 1948 |
| C. NHRC set up | 3. 2001 |
| D. Chhattisgarh Human Rights Commission functional | 4. 1993 |
- (a) A-2, B-1, C-4, D-3
- (b) A-1, B-2, C-4, D-3
- (c) A-2, B-4, C-1, D-3
- (d) A-2, B-1, C-3, D-4
Answer and explanation
(a) A-2, B-1, C-4, D-3. UDHR: 10 December 1948. The two Covenants: 1966. NHRC: 12 October 1993. The Chhattisgarh Human Rights Commission began functioning on 16 April 2001.
Q4. With respect to a matter relating to the armed forces, the NHRC can:
- (a) investigate suo motu like any other complaint
- (b) only seek a report from the Central Government and make recommendations
- (c) not take any action at all
- (d) refer the matter directly to a court martial
Answer and explanation
(b). Under Section 19, the NHRC may seek a report from the Central Government and make recommendations; the government must inform it of action taken within three months. It cannot conduct its own investigation, which is one of the Act’s most criticised limits.
Q5. The deemed (ex officio) members added to the NHRC by the 2019 amendment include:
- Chairperson, National Commission for Backward Classes
- Chairperson, National Commission for Protection of Child Rights
- Chief Commissioner for Persons with Disabilities
- Chairperson, National Commission for Women
Select the correct answer:
- (a) 1 and 2 only
- (b) 1, 2 and 3 only
- (c) 2, 3 and 4 only
- (d) 1, 2, 3 and 4
Answer and explanation
(b) 1, 2 and 3 only. The NCW Chairperson was already a deemed member before 2019. The 2019 amendment added the NCBC, NCPCR and the Chief Commissioner for Persons with Disabilities.
Level 3: Mains Answer Writing
Q1. (60 words) Write a short note on the Chhattisgarh Human Rights Commission.
Model answer outline
- Statutory body under the Protection of Human Rights Act, 1993; functional from 16 April 2001, first Chairperson Justice K.M. Agrawal; seat at Raipur.
- Chairperson: former Chief Justice or Judge of a High Court; two members; appointed by the Governor on a CM-led committee’s advice, removable only by the President.
- Inquires into violations on State List and Concurrent List subjects: custodial violence, jails, conflict-affected Bastar; recommends compensation and action.
Q2. (150–200 words) “The National Human Rights Commission has been called a toothless tiger.” Critically examine, with suggestions.
Model answer outline
- Intro: Statutory body (1993) based on the Paris Principles; the main non-judicial watchdog for life, liberty, equality and dignity.
- Achievements: low-cost access; guidelines on custodial deaths and encounters; bonded labour monitoring; suo motu action; compensation recommendations usually accepted; human rights education.
- “Toothless” arguments: recommendations not binding; one-year bar; weak over armed forces (Sec 19); executive-dominated appointments; reliance on government investigators; SHRC vacancies.
- Chhattisgarh angle: complaints from LWE-affected Bastar on custodial violence and displacement show both its value (an accessible forum for tribal victims) and its limits (dependence on the same police for reports).
- Way forward: binding compensation orders, a longer limitation period, an independent investigation wing, broader appointment committee, full staffing of SHRCs.
- Conclusion: The NHRC’s moral authority is real, but statutory teeth would turn it from an advisor into a guarantor.
Quick Revision Table
| Fact | Detail |
|---|---|
| UDHR | 10 Dec 1948; 30 articles; Human Rights Day = 10 Dec |
| Covenants | ICCPR and ICESCR, 1966; India acceded 1979 |
| PHRA | Ordinance 28 Sep 1993; NHRC set up 12 Oct 1993; amended 2006, 2019 |
| Definition | Sec 2(1)(d): life, liberty, equality, dignity |
| NHRC Chairperson | Former CJI or SC Judge (2019); as of 2026, Justice V. Ramasubramanian (since Dec 2024) |
| Members | 1 SC Judge, 1 HC CJ/Judge, 3 experts (≥1 woman) + 7 deemed |
| Selection | PM, Speaker, Home Minister, 2 LoPs, Deputy Chairman RS |
| Tenure | 3 years or 70; reappointment allowed |
| Limits | Recommendatory; 1-year bar; armed forces only a report (Sec 19) |
| SHRC | HC CJ or Judge chairs; 2 members; Governor appoints; President removes |
| Chhattisgarh HRC | Functional 16 Apr 2001; first Chairperson Justice K.M. Agrawal; Raipur |
| Human Rights Courts | Sessions court in each district (Sec 30) |
Key Takeaways
Key Takeaways
- Human rights in India rest on Part III, Art 21’s expansion and international covenants; the NHRC and SHRCs are statutory watchdogs.
- The 2019 amendment changed eligibility (any former SC Judge), tenure (3 years, reappointable), added a woman member and three deemed members.
- SHRCs are appointed by the Governor but removed by the President.
- The Commissions recommend; they do not punish. The one-year bar and the armed forces clause are the key limits.
- For Chhattisgarh answers, cite the state Commission (2001) and human rights issues in LWE-affected areas.
What’s Next
- SC/ST (Prevention of Atrocities) Act and Laws Against Social Evils — the next page
- Right to Information Act — transparency as a human right
- Tribes of Chhattisgarh — the communities most affected by conflict and displacement
- Social Aspects of Chhattisgarh — social issues these laws address in the state
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