The National Human Rights Commission has been functioning without a full-time chairperson since June and currently has only one member for five positions.
Background
- Chairperson Vacancy: The NHRC chairperson’s position has been vacant for three-and-a-half months.
- Current Staffing: The NHRC should have a chairperson and five full-time members.
- Currently, Vijayabharathi Sayani, the sole full-time member, has been fulfilling both her role and acting chairperson duties.
- She also meets the gender requirement for the panel.
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Implications of Vacancies in NHRC
- Delayed Investigations: With fewer members, the NHRC may struggle to handle the volume of complaints, leading to delays in investigating human rights violations.
- Reduced Oversight and Limited Overreach: Vacancies can limit the Commission’s ability to monitor and oversee human rights conditions effectively.
- Quality of Investigations: With fewer resources, the quality of investigations might suffer, potentially leading to less thorough and effective outcomes.
- Violation of Articles 14 and 21 of the Constitution: Keeping the posts vacant despite availability of eligible candidates is arbitrary, unreasonable and in violation of Articles 14 and 21 of the Constitution.
International Concerns
- GANHRI Accreditation Deferral: The Geneva-based Global Alliance of National Human Rights Institutions (GANHRI) has deferred NHRC’s accreditation for the second consecutive year due to concerns about transparency and inadequate gender and minority representation.
- Without the accreditation, NHRC will be unable to represent India at the UN Human Rights Council
- GANHRI is a global network of 114 NHRCs which coordinates the relationship between NHRCs and the United Nations.
- Pending Accreditation: As a Paris Principles-compliant institution, the NHRC must have the necessary functionaries and infrastructure to operate effectively. Currently, these essential components are lacking, affecting its smooth functioning as well as its ‘A’ status accreditation.
- The Paris Principles, which were adopted by the UN in 1992 and 1993, outlines six key criteria for National Human Rights Institutions (NHRIs): mandate and competence, autonomy from government, independence guaranteed by law, pluralism, adequate resources, and sufficient powers of investigation.
- Ministry of Home Affairs’ Delays: Amnesty International highlights that, nearly five months after deferred NHRC’s ‘A’ status, the Ministry of Home Affairs has still not completed the recruitment of NHRC members and has now also delayed appointing a new chairperson.
- Concerns of Lack of Will: Amnesty International India criticises the delay in recruitment as indicative of the NHRC’s and Indian government’s lack of political will to address human rights violations and uphold transparency and accountability.
Government Actions for filling up the NHRC Vacancies
- Parliament amended the Protection of Human Rights Act, 1993 and revised this eligibility criteria: Until 2019, the NHRC chairperson’s role was exclusively for retired Chief Justices of India (CJIs).
- However, a 2019 amendment to the Protection of Human Rights Act, 1993, expanded eligibility to include any Supreme Court judge.
- According to a senior Commission official, the amendment aimed to address the government’s concern that CJIs were reluctant to join the NHRC post-retirement.
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Possible Call of Action
- Expedited Recruitment Process: Implement a streamlined and transparent process to quickly fill vacant NHRC posts.
- Strengthen Infrastructure: Ensure that the NHRC has the necessary resources and infrastructure to function effectively in consonance with the Paris Principles.
- Address International Concerns: The U.S. State Department’s 2023 report highlights numerous human rights abuses in India, including extrajudicial killings, enforced disappearances, arbitrary arrests and detentions, internet shutdowns, and violence against ethnic and caste minorities.
- There is a need to act on feedback from international bodies to restore credibility
- Call for Independence and Resources: There is a need for India to not only appoint a new NHRC chief but also to ensure the Commission’s independence and proper funding.
National Human Rights Commission (NHRC)
- Set up: The National Human Rights Commission (NHRC) came into existence after India enacted the Protection of Human Rights Act in 1993.
- Selection Committee: The President of India appoints members of the National Human Rights Commission (NHRC) based on a recommendation of the selection committee, which includes:
- Prime Minister (Chairman)
- Speaker of Lok Sabha
- Union Home Minister
- Deputy Chairman of Rajya Sabha
- Leaders of the Opposition in both Houses of the Parliament
- Membership: It consists of a chairperson, five full-time Members, and seven deemed Members.
- A person who has been the Chief Justice of India or a judge of the Supreme Court will be a chairman.
- Two Members: One who is, or has been, a Judge of the Supreme Court of India and one member who is, or has been, the Chief Justice of a High Court.
- Three Members: One shall be a woman from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
- Seven Deemed Members: Chairpersons of the National Commission for SC/ST/Minorities/Backward Classes/Women/Protection of Child Rights and the Chief Commissioner for Persons with Disabilities serve as ex officio members.
- Tenure: They serve for a term of three years or until they attain the age of 70 years, whichever is earlier.
- Removal: The members can be removed by the President under specific circumstances:
- If he/she is an insolvent;
- If he/she engages in paid employment outside the duties of his office;
- If he/she is unfit to continue in office by reason of infirmity of mind;
- If he/she is convicted and sentenced to imprisonment.
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September 14, 2024
