Role of NHRC:

• The National Human Rights Commission or NHRC is a standalone entity of the Government of India with the mission of promoting and protecting human rights.
• The functions of the National Human Rights Commission (NHRC) as stated in Section 12 of the Protection of Human Rights Act,1993 includes enquiry into complaints of violation of human rights or negligence in the prevention of such violation by a public servant

Short title, extent and commencement

(1) This Act may be called the Protection of Human Rights Act, 1993.
(2) It extends to the whole of India
(3) It shall be deemed to have come into force on the 28th day of September, 1993.

Constitution of a National Human Rights Commission(Section 3)

The Central Government shall constitute a body to be known as the National Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to, it under this Act.

The Commission shall consist of--
(a) a Chairperson who has been a 1[Chief Justice of India or a Judge] of the Supreme Court;
(b) one Member who is, or has been, a Judge of the Supreme Court;
(c) one Member who is, or has been, the Chief Justice of a High Court;
(d) [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

The Chairpersons of the National Commission for Backward Classes, the National Commission for Minorities, the National Commission for Protection of Child Rights, the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes and the the National Commission for Women and the Chief Commissioner for Persons with Disabilities] shall be deemed to be Members of the Commission for the discharge of functions specified in clauses (b) to (j) of section 12.
There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and shall, subject to control of the Chairperson, exercise all administrative and financial powers (except judicial functions and the power to make regulations under section 40B).
The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in India.

Powers of NHRC And Its Functions:

Functions(Section 12):

(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf or on a direction or order of any court, into complaint of—
     (i) violation of human rights or abetment thereof; or
     (ii) negligence in the prevention of such violation, by a public servant;

(b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;

(c) notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government

(d) review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;
(e) review the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
(f) study treaties and other international instruments on human rights and make recommendations for their effective implementation;
(g) undertake and promote research in the field of human rights;
(h) spread human rights literacy 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;
(i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights;
(j) such other functions as it may consider necessary for the promotion of human rights.

Limitations of NHRC

• The Recommendations made by the NHRC are not binding.
• Violation of Human rights by private parties cannot be considered under NHRC Jurisdiction.
• NHRC doesn’t have the power to penalise the authorities that don’t implement its recommended orders.
• 3 of the NHRC members are judges which give the functioning of the Commission a judicial touch.
• The other members that are recommended by the Selection Committee may not necessarily be Human Rights experts.
• The NHRC does not consider the following cases:
  • Cases that are older than one year. 
  • Cases that are anonymous, pseudonymous or vague.
  • Frivolous cases.
  • Cases pertaining to service matters.
• The NHRC has limited jurisdiction over cases related to armed forces.
• The NHRC faces other issues like excess cases/complaints, insufficient funds, bureaucratic functioning style, etc.

Major Issues related to NHRC

• Arbitrary arrest and detention
• Custodial torture
• Child labour
• Violence and discrimination against women and children
• Extrajudicial killings
• Excessive powers 
• Sexual violence and abuse
• LGBTQ community rights 
• SC/ST, disabled people and other religious minority issues
• Labour rights and right to work
• Conflict induced internal displacement 
• Manual scavenging