Human Rights in India: PHRA 1993, NHRC and the Courts

India gives effect to international human rights mainly through its Constitution and its courts, and through the Protection of Human Rights Act, 1993, which created the National and State Human Rights Commissions. This note covers the link between the Constitution and the international instruments, the 1993 Act and the Commissions, and the way Indian courts use the UDHR and human rights treaties.

1. The Constitution and International Human Rights

Parallel content. Many fundamental rights in Part III reflect civil and political rights in the UDHR and the ICCPR, and many Directive Principles in Part IV reflect economic and social rights in the ICESCR.
Kesavananda Bharati (1973). Sikri CJ referred to the UDHR as showing how the world regarded basic human rights, relevant to interpreting the Constitution.
Articles 51(c) and 253. Direct the State to respect treaty obligations and allow Parliament to implement treaties (Topic 5)

2. The Protection of Human Rights Act, 1993

Key provisions

Figure 1: Key provisions

Background. Enacted in line with the Paris Principles (1993) on national human rights institutions; came into force on 28 September 1993.
International Covenants, section 2(1)(f). The ICCPR and the ICESCR, and other covenants or conventions notified by the Central Government.
Composition after 2019. A chairperson who has been Chief Justice of India or a Judge of the Supreme Court; a member who is or has been a Supreme Court Judge; a member who is or has been a High Court Chief Justice; three members with knowledge of human rights, at least one a woman; and the chairpersons of national commissions, such as those for Scheduled Castes, Scheduled Tribes, Women, Minorities, Backward Classes and Children, and the Chief Commissioner for Persons with Disabilities, as ex officio members.
Tenure. Three years or until the age of seventy, with eligibility for reappointment after the 2019 amendment.

3. Functions, Powers and Limits

Functions, section 12. Inquire into violations or negligence in preventing them, on complaint or suo motu; intervene in court proceedings; visit jails and institutions; review constitutional and legal safeguards; study treaties and recommend their implementation; promote research and human rights literacy; encourage NGOs.
Powers, section 13. Powers of a civil court to summon witnesses, require documents and receive evidence.
Limits. No inquiry into matters more than one year old (section 36(2)) or pending before another commission; for the armed forces, only a report from the Central Government (section 19)

From complaint to recommendation

Figure 2: From complaint to recommendation

Are recommendations binding? The Act speaks of recommendations, and the Commissions cannot enforce them directly; but in February 2021, a Full Bench of the Madras High Court held that recommendations of a State Human Rights Commission under section 18 are binding on the government, which may challenge them only by judicial review, and that the State may recover compensation from responsible officers.
State Commissions and Human Rights Courts. States constitute State Human Rights Commissions (section 21) and specify a Sessions Court in each district as a Human Rights Court (section 30)

4. Courts and International Human Rights

Landmark decisions

Figure 3: Landmark decisions

Nilabati Behera v State of Orissa (1993). Compensation for custodial death is a public law remedy under Articles 32 and 226; the Court referred to Article 9(5) of the ICCPR, despite India's declaration on it.
D.K. Basu v State of West Bengal (1997). Laid down safeguards on arrest and detention to prevent custodial violence.
Chairman, Railway Board v Chandrima Das (2000). A Bangladeshi national raped by railway employees was entitled to compensation under Article 21, which protects non-citizens too; the Court relied on the UDHR as part of the law on human dignity.
Puttaswamy (2017) and Navtej Singh Johar (2018). Recognised privacy as a fundamental right and decriminalised consensual same-sex relations, drawing on the ICCPR, the UDHR and international jurisprudence.
Approach. Courts use international norms to interpret and expand fundamental rights where consistent with domestic law, but do not enforce treaties against a clear statute (Topic 5)

⚠ Exam trap

Human rights under section 2(1)(d) of the 1993 Act are those relating to life, liberty, equality and dignity guaranteed by the Constitution or embodied in the Covenants and enforceable by Indian courts. Since 2019, a former Supreme Court Judge can also chair the NHRC. No inquiry after one year (section 36(2)); only a report for the armed forces (section 19). The Madras High Court Full Bench (2021) held SHRC recommendations binding. Chandrima Das (2000) applied Article 21 and the UDHR to a foreign national.

5. Frequently Asked Questions

Can the NHRC inquire into complaints against the armed forces?

Only in a limited way. Under section 19, it may seek a report from the Central Government and make recommendations, but it cannot conduct its own inquiry as it can for other public servants.

Are fundamental rights available to foreigners in India?

Some are. Articles 14 and 21 protect all persons, as applied to a Bangladeshi national in Chandrima Das (2000), while rights such as those in Article 19 are confined to citizens.

What is the time limit for complaints to the NHRC?

Under section 36(2) of the Protection of Human Rights Act, 1993, the Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting the violation is alleged to have been committed.

Who can chair the National Human Rights Commission?

After the 2019 amendment, a person who has been Chief Justice of India or a Judge of the Supreme Court. Before the amendment, only a former Chief Justice of India could be appointed.

6. Related Topics

Topic 5: International Law in India. Articles 51, 73 and 253.
Topic 44: International Human Rights Law. The UDHR and the Covenants.
Topic 45: Specialised Conventions. CEDAW, CRC and CAT.