The Protection of Human Rights Act, 1993

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

(1) In this Act, unless the context otherwise requires,-- (a) "armed forces" means the naval, military and air forces and includes any other armed forcesof the Union; (b) "Chairperson" means the Chairperson of the Commission or of the State Commission, as thecase may be; 1[(ba) "Chief Commissioner" means the Chief Commissioner for Persons with Disabilitiesreferred to in sub-section (1) of section 74 of the Rights of Persons with Disabilities Act, 2016 (49 of2016);] (c) "Commission" means the National Human Rights Commission constituted under section 3; (d) "Human Rights" means the rights relating to life, liberty, equality and dignity of theindividual guaranteed by the Constitution or embodied in the International Covenants andenforceable by courts in India; (e) "Human Rights Court" means the Human Rights Court specified under section 30; 2[(f) "International Covenants" means the International Covenant on Civil and Political Rightsand the International Covenant on Economic, Social and Cultural Rights adopted by the GeneralAssembly of the United Nations on the 16th December, 1966 and such other Covenant or Conventionadopted by the General Assembly of the United Nations as the Central Government may, bynotification, specify;] 3[(g) "Member" means a Member of the Commission or of the State Commission, as the casemay be;] 4[(ga) "National Commission for Backward Classes" means the National Commission forBackward Classes constituted under section 3 of the National Commission for Backward Classes Act,1993 (27 of 1993);] (h) "National Commission for Minorities" means the National Commission for Minoritiesconstituted under section 3 of the National Commission for Minorities Act, 1992 (19 of 1992); 5[(ha) "National Commission for Protection of Child Rights" means the National Commission forProtection of Child Rights constituted under section 3 of the Commissions for Protection of ChildRights Act, 2005 (4 of 2006);] 6[(i) "National Commission for the Scheduled Castes" means the National Commission for theScheduled Castes referred to in article 338 of the Constitution;] (ia) "National Commission for the Scheduled Tribes" means the National Commission for theScheduled Tribes referred to in article 338A of the Constitution; (j) "National Commission for Women" means the National Commission for Women constitutedunder section 3 of the National Commission for Women Act, 1990 (20 of 1990); (k) "notification" means a notification published in the Official Gazette; (l) "prescribed" means prescribed by rules made under this Act; (m) "public servant" shall have the meaning assigned to it in section 21 of the Indian Penal Code(45 of 1860); (n) "State Commission" means a State Human Rights Commission constituted under section 21. (2) Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir,shall, in relation to that State, be construed as a reference to a corresponding law, if any, in force in thatState. STATE AMENDMENTS Ladakh (UT).-- Section 2.---Omit sub-section (2).[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notificationNo. S.O. 3774(E), dated (23-10-2020).]

(1) The Central Government shallconstitute a body to be known as the National Human Rights Commission to exercise the powersconferred upon, and to perform the functions assigned to, it under this Act. (2) 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) 2[three Members out of which at least one shall be a woman] to be appointed from amongstpersons having knowledge of, or practical experience in, matters relating to human rights (3) The Chairpersons of 3[,the National Commission for Backward Classes, the National Commissionfor Minorities, the National Commission for Protection of Child Rights],4[the National Commission forthe Scheduled Castes, the National Commission for the Scheduled Tribes] and the 5[the NationalCommission for Women and the Chief Commissioner for Persons with Disabilities] shall be deemed to beMembers of the Commission for the discharge of functions specified in clauses (b) to (j) of section 12. (4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commissionand 6[shall, subject to control of the Chairperson, exercise all administrative and financial powers (exceptjudicial functions and the power to make regulations under section 40B)]. (5) The headquarters of the Commission shall be at Delhi and the Commission may, with theprevious approval of the Central Government, establish offices at other places in India.

(1) The Chairperson and 1[the Members]shall be appointed by the President by warrant under his hand and seal: Provided that every appointment under this sub-section shall be made after obtaining therecommendations of a Committee consisting of-- (a) the Prime Minister ---chairperson; (b) Speaker of the House of the People ---member; (c) Minister in-charge of the Ministry of HomeAffairs in the Government of India ----member; (d) Leader of the Opposition in the House ofthe People ---member; (e) Leader of the Opposition in the Council ofStates ---member; (f) Deputy Chairman of the Council of States ---member: Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Courtshall be appointed except after consultation with the Chief Justice of India. (2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any2[vacancy of any member in the Committee referred to in the first proviso to sub-section (1)].

1[5. Resignation and removal of Chairperson and Members.(1) The Chairperson or anyMember may, by notice in writing under his hand addressed to the President of India, resign his office. (2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only beremoved from his office by order of the President of India on the ground of proved misbehaviour orincapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held inaccordance with the procedure prescribed in that behalf by the Supreme Court, reported that theChairperson or the Member, as the case may be, ought on any such ground to be removed. (3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office theChairperson or any Member if the Chairperson or such Member, as the case may be, (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of hisoffice; or (c) is unfit to continue in office by reason of infirmity of mind or body; or (d) is of unsound mind and stands so declared by a competent court; or (e) is convicted and sentenced to imprisonment for an offence which in the opinion of thePresident involves moral turpitude.]