New Delhi, July 23: A Bill providing for a judge of the Supreme court to be a chairperson of the National Human Rights Commission on Monday got the nod of Parliament with the Rajya Sabha passing it by a voice vote.
The Protection of Human rights (Amendment) Bill 2019, that was moved in the House by Minister of State for Home affairs Nityananad Rai, was passed in the Rajya Sabha .With the approval of the Rajya Sabha, the Bill, which was passed by the Lok Sabha on July 19, has now got the nod of Parliament.
Replying to a discussion on the Bill in the House, Rai said that the provision for appointing a judge of the Supreme Court as a chairperson of the NHRC and for appointing a High Court judge as chairperson of the state human rights commission was aimed at helping to fill the vacancies in the posts of chairpersons of the state human rights commissions.
‘’Posts of chairpersons of 13 state human rights commissions are still vacant. The Bill will help to fill vacant posts of SHRCs,’’he said.
He said that the provisions to attach the state human rights commissions of a state with nearby states will save the trouble for states which do not have these commissions to visit the National Human Rights Commission in Delhi.
Intervening in the debate, Home Minister Amit Shah allayed apprehensions of members of those appointing chairpersons seeking government jobs after retirement.
‘’The retirement age of the members and the chairpersons of the NHRCs and the SHRCs is 70 years. . Also, as per the provisions the chairpersons or members cannot seek Government jobs after retirement,’’he said.
The Bill amends the Protection of Human Rights Act 1993 to provide that a person who has been Chief Justice of India, or a Judge of the Supreme Court.
As per the Act, only a person who has been the Chief Justice of India can be made the NHRC chairperson.
The Bill amends this to provide that a person who has been Chief Justice of the Supreme Court, or a Judge of the Supreme Court will be the chairperson of the NHRC.
The Act provides for two persons having knowledge of human rights to be appointed as members of the NHRC. The Bill amends this to allow three members to be appointed, of which at least one will be a woman.
Under the Act, chairpersons of various commissions such as the National Commission for Scheduled Castes, National Commission for Scheduled Tribes, and National Commission for Women are members of the NHRC.
The Bill provides for including the chairpersons of the National Commission for Backward Classes, the National Commission for the Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities as members of the NHRC.
The Act states that the chairperson and members of the NHRC and SHRC will hold office for five years or till the age of seventy years, whichever is earlier. The Bill reduces the term of office to three years or till the age of seventy years, whichever is earlier. Further, the Act allows for the reappointment of members of the NHRC and SHRCs for a period of five years. The Bill removes the five-year limit for reappointment.
The Bill provides that the central government may confer on a SHRC human rights functions being discharged by Union Territories. Functions relating to human rights in the case of Delhi will be dealt with by the NHRC.
