The Protection of Human Rights (Amendment) Bill, 2019
The Protection of Human Rights (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of Home Affairs, Mr. Amit Shah, on July 8, 2019. The Bill amends the Protection of Human Rights Act, 1993. The Act provides for a National Human Rights Commission (NHRC), State Human Rights Commissions (SHRC), as well as Human Rights Courts.
Nityanand Rai on The Protection of Human Rights (Amendment) Bill, 2019
The minister of State for Home Affairs Nityanand Rai said that the Government is sensitive to the rights of humanity and is committed to strengthening Human Rights Commission in the country.He negated the allegation that India’s Human Rights Commission has lost its good grade and informed that it is given ‘A’ grade by the international agency.
Saying that it was Prime Minister Narendra Modi who suggested increasing the presence of civil Society in the Commission, the minister emphasized that every section of the society has now received representation.
He further added that they are not for the Human rights of terrorists and perpetrators of sexual crime but of the victims. He stressed that the amendment has ensured transparency in the appointment of Chairman and members of the Commission and will help fill all the vacancies. The OBCs and minorities' rights, he added, have been protected by the Government.
The minister said that the applicants in Union Territories can now appeal in the Human Rights Commission of nearby states instead of coming all the way to Delhi.
Composition of NHRC
Under the Act, the chairperson of the NHRC is a person who has been a Chief Justice of the Supreme Court. 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.
Chairperson of SHRC
Under the Act, the chairperson of an SHRC is a person who has been a Chief Justice of a High Court. The Bill amends this to provide that a person who has been Chief Justice or Judge of a High Court will be the chairperson of an SHRC.
Term of office
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 five years. The Bill removes the five-year limit for reappointment.
Powers of Secretary-General
The Act provides for a Secretary-General of the NHRC and a Secretary of an SHRC, who exercise powers as may be delegated to them. The Bill amends this and allows the Secretary-General and Secretary to exercise all administrative and financial powers (except judicial functions), subject to the respective chairperson’s control.
Video explanation in Hindi
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