The National Human Rights Commission (NHRC) is an independent statutory body established under the Protection of Human Rights Act, 1993 (PHR Act). The institution was formally constituted on October 12, 1993, following the PHR Act which came into force with retrospective effect from September 28, 1993. Its creation was driven by the need for a formal mechanism to address human rights violations and to align India with global standards, specifically the Paris Principles. The PHR Act defines human rights in Section 2(1)(d) as rights relating to life, liberty, equality, and dignity of the individual, guaranteed by the Constitution or embodied in International Covenants and enforceable by courts in India.
The NHRC's mechanism, detailed in Section 12 of the Act, allows it to inquire suo motu or upon petition into complaints of human rights violations or negligence by a public servant. For inquiries, the Commission is vested with the powers of a civil court under the Code of Civil Procedure, 1908, enabling it to summon witnesses and demand the production of documents. The NHRC connects directly to the PHR Act, which also mandates the establishment of State Human Rights Commissions and Human Rights Courts. It also studies international instruments like the International Covenant on Civil and Political Rights (ICCPR).
The PHR Act has been amended, notably by the Protection of Human Rights (Amendment) Act, 2019. This amendment expanded the eligibility for the Chairperson from only a former Chief Justice of India to also include a former Judge of the Supreme Court. It also reduced the term of office for the Chairperson and members from five years to three years or until they attain 70 years of age. Furthermore, the 2019 amendment increased the number of members and included the Chairpersons of the National Commission for Backward Classes, the National Commission for Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities as ex-officio members.