THE NEW APPOINTMENT
The National Human Rights Commission is a statutory (and not a constitutional) body. It was established in 1993 under a legislation enacted by the Parliament, namely, the Protection of Human Rights Act, 1993.
Nine months after the retirement as judge from the Supreme Court of india, Justice Arun Mishra took charge Wednesday as chairperson of the National Human Rights Commission (NHRC).
The post of NHRC chairperson had been vacant since former Chief Justice of India H L Dattu retired in December last year. In March, former Supreme Court judge Justice Prafulla Pant, who has been an NHRC member, raised the issue of vacant posts in the National Commission and State Commissions, terming it a “matter of concern”. Subsequently, Former Justice Pant was appointed the acting chairperson of NHRC
The selection panel consisted of Prime Minister Narendra Modi, Home Minister Amit Shah, Deputy Chairman of the Rajya Sabha, Harivansh, Lok Sabha Speaker Om Birla and the Leader of the Opposition in the Rajya Sabha, Mallikarjun Kharge.
The post of a chairperson has been vacant since Justice H.L. Dattu, a former Chief Justice of India, completed his tenure on December 2, 2020. A former Supreme Court judge, Justice Pant was appointed acting Chairperson of the NHRC on April 22, 2019.
Justice AK Mishra succeeded HL Dattu who retired on December 2, 2020. Section 7 of the Act provides for appointment of a member who can act as a acting chairperson. It was the first time in the history of NHRC since its inception that there was no chairperson, acting chairperson. A public interest litigation was also filled in the apex court in this respect. Justice Pant was appointed as acting chairman in April 2021.
Besides the Chairman, the NHRC can have five members — a sitting or retired Supreme Court judge, a sitting or retired High Court Chief Justice and three members who have knowledge of, or practical experience in matters relating to human rights.
As per the law before amending it last year, an NHRC person had a five-year term or till the age of seventy years. With the amendments in the Protection of Human Rights Act in 2019, the government now also has the liberty to appoint a retired judge of the Supreme Court as the NHRC chairperson. The 2019 amendments also curtailed the tenure of NHRC Chairperson and members from five years to three years.
JOURNEY OF JUSTICE MISHRA
Justice Arun Mishra enrolled as a lawyer in 1978.
He was elected the youngest chairperson of the Bar Council of India in 1998-99.
He was appointed judge of the Madhya Pradesh High Court in October 1999. He later served as chief Justice of Rajasthan High Court and Calcutta High Court before being elevated to the Supreme Court on July 7, 2014. He retired from the Supreme Court on September 2, 2020
POWERS OF NHRC
The commission conferred its powers from section 13 of the Act which gives wide powers to the commission for inquiring into the violation of human rights. these powers are as follows:
- summoning and enforcing the attendance of witnesses and examining them on oath;
- discovery and production of any document;
- receiving evidence on affidavits;
- requisitioning any public record or copy thereof from any court or office;
- issuing commissions for the examination of witnesses or documents;
- any other matter which may be prescribed
After their tenure, the chairperson and members are not eligible for further employment under the Central or a state government.
FUNCTIONS OF NHRC
The functions of the Commission are:
(a) To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo moto or on a petition presented to it or on an order of a court.
(b) To intervene in any proceeding involving allegation of violation of human rights pending before a court.
(c) To visit jails and detention places to study the living conditions of inmates and make recommendation thereon.
(d) To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
(e) To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
(f) To study treaties and other international instruments on human rights and make recommendations for their effective implementation.
(g) To undertake and promote research in the field of human rights.
(h) To spread human rights literacy among the people and promote awareness of the safeguards available for the protection of these rights.
(i) To encourage the efforts of non-governmental organisations (NGOs) working in the field of human rights.
(j) To undertake such other functions as it may consider necessary for the promotion of human rights.
About the author
Add Comment