What is the difference between NHRC and State Human Rights Commissions (SHRC)?

NHRC vs SHRC: NHRC investigates violations by Central Government and cases involving central agencies. SHRC investigates violations by state governments and state agencies. Key differences: (1) NHRC Chairperson = retired CJI; SHRC Chairperson = retired High Court Chief Justice; (2) Cases involving central government/central forces = NHRC; state matters = SHRC; (3) NHRC can transfer cases to SHRC and vice versa; (4) If both NHRC and SHRC can inquire, NHRC can take it up; SHRC cannot take up cases already before NHRC. Tamil Nadu State Human Rights Commission: Constituted; HQ Chennai; handles state-level HR violations. All 29 states + some UTs have SHRCs.

What are the key laws protecting women's rights in India?

Key women's rights legislation: (1) Dowry Prohibition Act 1961: Giving/taking dowry is offence; up to 5 years imprisonment; CrPC Section 304B (dowry death); (2) Protection of Women from Domestic Violence Act 2005 (PWDVA): Covers physical, emotional, sexual, economic abuse; Protection Officers; Magistrate can issue Protection Orders; (3) Sexual Harassment of Women at Workplace Act 2013 (POSH/SH Act): Internal Complaints Committee (ICC) mandatory for 10+ employee workplaces; Local Complaints Committee for smaller workplaces; codified Vishaka guidelines; (4) Maternity Benefit (Amendment) Act 2017: 26 weeks paid maternity leave (was 12 weeks); applicable to 10+ employee organisations; (5) Equal Remuneration Act 1976: Equal pay for equal work — men and women; (6) Medical Termination of Pregnancy (Amendment) Act 2021: Abortion up to 24 weeks (was 20 weeks) for special categories; (7) Prohibition of Child Marriage Act 2006: Minimum age — 18 for girls, 21 for boys.

What are the SC/ST Protection Acts and what do they cover?

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act / POA Act): Protects SC and ST communities from atrocities by non-SC/ST persons. Offences: Forcing to eat inedible substances, humiliation, sexual exploitation, denial of water/grazing, burning property, forcing to do demeaning work, electoral intimidation, false cases. Key provisions: Special Courts for speedy trial; Special Public Prosecutors; mandatory registration of FIR; presumption of guilt if basic facts proven; no anticipatory bail to accused. Amendment 2015 and SC judgment controversy: SC (2018, Subhash Kashinath Mahajan case) diluted the Act (no automatic arrest; prior approval); massive protests; Parliament quickly passed 2018 amendment reversing SC's dilution. SC/ST Act remains one of the most contested laws regarding its implementation.

Human Rights Bodies & Social Justice — TNPSC Group 1 Notes

UN Human Rights Framework

Universal Declaration of Human Rights (UDHR)

Adopted: December 10, 1948 — UN General Assembly (Paris)
Human Rights Day: December 10 each year
Not a treaty — aspirational declaration; not legally binding
30 articles covering civil, political, economic, social, cultural rights
Key Articles: Art 1 (all humans born free and equal), Art 3 (right to life), Art 5 (no torture), Art 9 (no arbitrary arrest), Art 12 (privacy), Art 18 (freedom of thought/religion), Art 19 (freedom of expression), Art 26 (right to education)

Key UN Human Rights Treaties (India is party to)

Treaty	Year	Key Rights
ICCPR (International Covenant on Civil and Political Rights)	1966	Right to life, fair trial, no torture, freedom of speech/religion/assembly
ICESCR (International Covenant on Economic, Social and Cultural Rights)	1966	Right to work, education, health, adequate living standards
CEDAW (Convention on Elimination of All Forms of Discrimination Against Women)	1979	Women's rights; India ratified with reservations
CRC (Convention on Rights of the Child)	1989	Rights of children; India ratified 1992
CAT (Convention Against Torture)	1984	India signed but NOT ratified
CERD (Convention on Racial Discrimination)	1965	No racial discrimination

UN Human Rights Council (UNHRC): 47-member body; meets in Geneva; replaced UN Commission on Human Rights (2006).

Office of UN High Commissioner for Human Rights (OHCHR): Headed by UN High Commissioner; coordinates UN human rights activities.

National Human Rights Bodies

1. National Human Rights Commission (NHRC)

Parameter	Details
Established	1993 (Protection of Human Rights Act 1993)
Headquarters	New Delhi
Nature	Statutory body (NOT constitutional)
Chairperson	Retired Chief Justice of India
Members	5 (2 retired SC judges + 3 others)
Ex-officio members	Chairpersons of NCW, NCSC, NCST, NCM, NCBC
Term	3 years or age 70 — whichever earlier; not eligible for reappointment
Removal	By President on reference to SC

Powers:

Inquire into human rights violations by state or government officials
Request information, summon witnesses, examine documents
Visit jails, juvenile homes, detention facilities
Review factors inhibiting enjoyment of human rights
Recommend interim relief and compensation
Recommend prosecution of officials

Limitations:

Complaints must be filed within 1 year of occurrence
Recommendations are NOT binding on government
Cannot inquire into armed forces complaints directly (can seek report from Ministry of Defence)
Cannot investigate matters already before SHRC or another commission

2. State Human Rights Commissions (SHRC)

Constituted under Protection of Human Rights Act 1993
Chairperson: Retired Chief Justice of a High Court
Members: 2 retired HC judges
Jurisdiction: Only state government and state agency matters
Tamil Nadu SHRC: Functioning; HQ Chennai

3. National Commission for Women (NCW)

Parameter	Details
Established	1992 (National Commission for Women Act 1990)
Nature	Statutory body
Function	Review constitutional and legal safeguards for women; investigate complaints; advise government on policy
Chairperson	Appointed by Central Government
Current	Vijaya Rahatkar (as of 2024)

Functions:

Review laws relating to women; suggest reforms
Take up cases of violation of women's rights
Investigate complaints; summon accused
Special focus on dowry, sexual harassment, trafficking, child marriage

4. National Commission for Protection of Child Rights (NCPCR)

Parameter	Details
Established	2007 (Commissions for Protection of Child Rights Act 2005)
Nature	Statutory body
Under	Ministry of Women and Child Development
Function	Protect, promote, defend child rights; monitor implementation of laws

Child Rights: Right to free education (RTE), protection from child labour, POCSO cases, child trafficking, juvenile justice.

5. National Commission for Scheduled Castes (NCSC)

Parameter	Details
Constitutional basis	Article 338
Nature	Constitutional body
Function	Safeguard rights and interests of SC; investigate complaints; monitor implementation of reservation policies; annual report to President
Chairperson	Appointed by President

6. National Commission for Scheduled Tribes (NCST)

Parameter	Details
Constitutional basis	Article 338A (inserted by 89th Amendment, 2003)
Nature	Constitutional body
Earlier	Was combined with NCSC under Art 338; bifurcated by 89th Amendment

7. National Commission for Backward Classes (NCBC)

Parameter	Details
Constitutional basis	Article 338B (inserted by 102nd Amendment, 2018)
Nature	Constitutional body (upgraded from statutory)
Function	Safeguard social and educational interests of backward classes; advise on OBC issues

8. National Commission for Minorities (NCM)

Parameter	Details
Established	1993 (National Commission for Minorities Act 1992)
Nature	Statutory body
Notified minorities	Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), Jains
Function	Safeguard minority rights; evaluate implementation of safeguards; investigate complaints

Key Legislation for Social Justice

1. Protection of Civil Rights Act, 1955

Implementing legislation for Article 17 (Abolition of Untouchability)
Punishes enforcement of disabilities on account of untouchability
Offences: Preventing entry to shops, restaurants, temples; denying water; enforcing social disabilities

2. SC/ST (Prevention of Atrocities) Act, 1989

Protects SC and ST from atrocities by non-SC/ST persons
Special Courts for speedy trial; Special Public Prosecutors
Mandatory FIR registration; no anticipatory bail
2018 Amendment: Restored provisions after SC dilution in Subhash Kashinath Mahajan case

Key offences under SC/ST Act:

Forcing to eat inedible/obnoxious substances
Physical harm, sexual exploitation
Wrongful occupation of land
Forcing bonded labour
Dishonouring/humiliating in public
Denial of water/access to common property

3. Protection of Women from Domestic Violence Act, 2005 (PWDVA)

Broad definition: Physical, sexual, verbal/emotional, economic abuse
Protection Officers at district level — assist victims
Magistrate can issue:
Protection Orders (stop abuser from contacting)
Residence Orders (right to stay in shared household)
Monetary Relief
Custody Orders
Applies to live-in relationships also
First law to recognise marital rape as a ground for civil remedy

4. POCSO Act, 2012 (Protection of Children from Sexual Offences)

Protects children (below 18) from sexual abuse, sexual harassment, pornography
Gender-neutral — protects both boys and girls
Mandatory reporting: Any person who suspects sexual abuse must report to authorities
Child-friendly procedures: Evidence via video, support person, no public trial
Special Courts for POCSO cases
POCSO Amendment 2019: Added death penalty for aggravated penetrative sexual assault of child under 12

5. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)

Codified Vishaka Guidelines (SC 1997)
Applies to all workplaces (organised + unorganised sector)
ICC (Internal Complaints Committee): Mandatory for organisations with 10+ employees; chaired by senior woman employee; 50% women members
LCC (Local Complaints Committee): At district level for smaller workplaces
Time limit: Complaint within 3 months; inquiry within 60 days
Penalties for employers not constituting ICC

6. Right to Information Act, 2005 (RTI)

Citizens can request information from any public authority
30-day response time (48 hours for life/liberty matters)
Central Information Commission (CIC): Appellate body at Centre
State Information Commissions (SIC): At state level; Tamil Nadu has SIC in Chennai
Exemptions: National security, cabinet deliberations, third-party commercial information, personal information

7. Rights of Persons with Disabilities Act, 2016

Replaced Persons with Disabilities Act 1995
21 disabilities recognised (from 7 earlier) — includes autism, intellectual disability, learning disabilities
5% reservation in government jobs + 5% in higher education
Chief Commissioner for Persons with Disabilities at Centre; State Commissioners
Barrier-free access in public buildings, transport

8. Juvenile Justice (Care and Protection of Children) Act, 2015

Replaced JJ Act 2000
Key change: Children aged 16–18 who commit heinous offences can be tried as adults (after JJB assessment)
Child Welfare Committees (CWC): For children in need of care and protection
Juvenile Justice Boards (JJB): For children in conflict with law
Special Adoption Agency: Streamlined inter-country adoption (CARA)

Social Justice Schemes (Central)

Scheme	Target Group	Key Feature
PM-JAY (Ayushman Bharat)	BPL + low income families	₹5 lakh health cover; 55 crore beneficiaries
PM Awas Yojana (Urban+Rural)	Homeless/kutcha house	Free/subsidised housing
MGNREGA	Rural households	100 days employment guarantee
National Social Assistance Programme	Old age, widows, disabled	Monthly pension
PM Scholarship	Wards of defence/para-military	Education support
Beti Bachao Beti Padhao	Girl child	Combat sex-selective abortion; promote girl education
National Nutrition Mission (POSHAN Abhiyan)	Children, pregnant women	Reduce stunting, wasting, anaemia
Mission Shakti	Women safety and empowerment	One Stop Centres, Sakhi Centres
UJJWALA	BPL women	Free LPG connection

Tamil Nadu Human Rights & Social Justice Bodies

Body	Function
TN SHRC	State Human Rights Commission; HR violations by state agencies
TN State Commission for Women	Women's issues; complaints; legislative advice
TN Commission for Backward Classes	OBC/MBC issues; list maintenance
Social Welfare Department	Implements welfare schemes for SC/ST, women, children, disabled
Tamil Nadu SC/ST Welfare Department	Implements reservation, scholarships, SC/ST protection

Board Exam Tips — Human Rights

NHRC = Protection of Human Rights Act 1993; Chairperson = retired CJI; NOT constitutional; recommendations not binding
NCSC = Art 338 (constitutional); NCST = Art 338A (89th Amendment); NCBC = Art 338B (102nd Amendment)
NCW = 1992 Act (statutory); NCPCR = 2005/2007 Act (statutory)
UDHR = December 10, 1948; not legally binding; 30 articles; HR Day = December 10
POCSO 2012 = children below 18; gender-neutral; mandatory reporting; special courts
POSH Act 2013 = codified Vishaka guidelines; ICC mandatory for 10+ employees
PWDVA 2005 = domestic violence; broad definition; Protection Officers; live-in relationships covered
SC/ST POA Act 1989 = atrocities by non-SC/ST; no anticipatory bail; 2018 amendment restored provisions
RTI Act 2005 = 30-day response; CIC at Centre; SIC at states; 48 hours for life/liberty
JJ Act 2015 = 16–18 heinous offences → tried as adults (JJB assessment); CWC + JJB

Frequently Asked Questions

National Human Rights Commission (NHRC): Statutory body established under the Protection of Human Rights Act, 1993. Composition: Chairperson (retired Chief Justice of India) + 5 members (2 retired SC judges + 3 others with human rights experience). Headquarters: New Delhi. Powers: (1) Inquire into complaints of human rights violations; (2) Summon witnesses, examine documents; (3) Visit jails and detention centres; (4) Request information from state or Central Government; (5) Recommend compensation to victims; (6) Recommend prosecution of officials. Limitations: (1) Cannot investigate complaints older than 1 year; (2) NHRC recommendations are NOT binding — government may or may not accept; (3) Cannot investigate armed forces complaints directly (can seek report from Ministry of Defence); (4) Has no enforcement power — relies on government action.