Part of: Prelims and GS II – Statutory bodies; Indian Polity
Context Fifteen years after the Supreme Court issued directions for police reforms, the National Human Rights Commission (NHRC) has asked the Union Home Ministry (MHA) and the State Governments to set up police complaints authorities as per the judgment inPrakash Singh vs Union of India, 2006.
Key recommendations
The status of compliance should be displayed on the websites of the Ministry and the State Home Departments.
The MHA and the Law Ministry should consider implementing the recommendations of the 113th report of the Law Commission to add Section 114 B to the Indian Evidence Act.
This would ensure that in case a person sustains injuries in police custody, it is presumed that the injuries were inflicted by the police and the burden of proof to explain the injury lies on the authority concerned.
Making the legal framework technology-friendly to speed up the criminal justice system.
The SC’s December 2020 order to install CCTV cameras with night vision in all police stations should be “implemented immediately” to ensure accountability.
National Human Rights Commission (NHRC)
NHRC was established in 1993.
It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the protection of human rights held in Paris in 1991.
Status: It is a statutory organization established under the Protection of Human Rights Act (PHRA), 1993
Headquarters: New Delhi.
Functions:
To investigate the violation of human rights/ the failures of the states/other to prevent a human rights violation
The commissions may also take on research about human rights, create awareness campaigns through various mediums, and encourage the work of NGOs.
Composition:
Chairperson, four full-time Members and four deemed Members.
A Chairperson, should be retired Chief Justice of India or a Judge of the Supreme Court.
Appointment: The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of:
The Prime Minister (Chairperson)
The Home Minister
The Leader of the Opposition in the Lok Sabha
The Leader of the Opposition in the Rajya Sabha
The Speaker of the Lok Sabha
The Deputy Chairman of the Rajya Sabha
They hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.
The President can remove them from the office under specific circumstances.
