In a significant development aimed at enhancing the inclusivity and efficiency of the National Human Rights Commission (NHRC), the Lok Sabha has given its approval to the Protection of Human Rights (Amendment) Bill, 2019. The amendment modifies the existing Protection of Human Rights Act of 1993, broadening the eligibility criteria for appointments within the commission and altering the commission’s membership structure.
Eligibility Criteria for NHRC Chairperson Role
One of the key areas amended in the Protection of Human Rights Act is the eligibility criteria for the position of Chairperson of the Commission. Previously restricted only to individuals who had held the position of Chief Justice of India, the revised act now includes persons who have served as judges of the Supreme Court as well.
Expanding Commission Membership
The number of members with expertise in the domain of human rights issues has been expanded from two to three, ensuring a more diverse range of perspectives within the Commission. The new amendment also mandates that one of these members must be a woman. The Chairperson of the National Commission for Backward Classes, the Chairperson of the National Commission for the Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities are now also considered as deemed Members of the Commission.
Term of Office and Reappointment
The Amendment Bill has reduced the term of office for the Chairperson and members of the Commission and the State Commissions from five years to three years. However, they will be eligible for reappointment post completion of their term.
State Commission Appointments
The amendment to the Act also expands the eligibility conditions for the Chairperson of the State Commission role. A person who was a Judge of the High Court can now be appointed as Chairperson of the State Commission, along with those who have served as the Chief Justice of the High Court.
Additional State Commission Functions
The Bill has conferred upon State Commissions the responsibility of addressing human rights issues in Union territories, with the exception of Delhi. This task will be handled by the Commission.
| Fact | Detail |
|---|---|
| Date of enactment | 28th September 1993 |
| Geographical coverage | Entire India |
| Applicability in J&K | Pertains only to Union List and Concurrent List matters |
The Protection of Human Rights Act, 1993: Overview
Coming into force retrospectively from September 28, 1993, The Protection of Human Rights Act applies to the entirety of India. In the case of Jammu & Kashmir, it touches upon matters related to the Union List and the Concurrent List only. The Act not only facilitated the constitution of the National Human Rights Commission (NHRC) and the State Human Rights Commission (SHRC), but also paved the way for the establishment of Human Rights Courts aimed at safeguarding human rights. Under Section 2 of the Act, ‘Human Rights’ are defined as the rights pertaining to life, liberty, equality and the dignity of the individual as guaranteed by the Constitution and embodied in international agreements, enforceable by courts in India.
