New Delhi, 16th September, 2015

The Union Home Minister, Mr. Rajnath Singh will inaugurate a meeting of the National Human Rights Commission (NHRC) and the State Human Rights Commissions (SHRCs) at Symposium Hall, National Agricultural Science Complex, PUSA, New Delhi on the 18th September, 2015. Mr. Justice Cyriac Joseph, Acting Chairperson, NHRC will deliver the presidential address.

The NHRC Members, Mr. Justice D. Murugesan and Mr. S.C. Sinha, Mrs. Meera C. Saksena, Acting Chairperson, Karnataka SHRC and Mr. Justice Jagdish Bhalla, Chairperson, Punjab SHRC will chair the four thematic sessions having participation from different SHRCs. Mr. Justice Cyriac Joseph, Acting Chairperson, NHRC will chair the proceedings of the Open Forum in the concluding session.

Objective

The aim of the meeting, being organised by the NHRC, is to discuss the ways and means to make the NHRC and the SHRCs stronger and effective for the promotion and protection of human rights, to explore the areas of cooperation and coordination between them and to assess the assistance by the Governments to them.

Issues to be discussed

Some of the specific issues to be discussed, as proposed by the NHRC during the meeting will include, among others, fostering collegiality among Chairpersons and Members of the NHRC and SHRCs, involvement of NGOs and the role being played by them and Human Rights Defenders.

The issues on the agenda of discussion, as proposed by some of the SHRCs, also include, among others, exploring possibility of amendments to the Protection of Human Rights Act (PHR Act), 1993 to give more powers to the NHRC and the SHRCs as well as to rule out the possibility of inherent contradictions viz. powers of the SHRCs with respect to Section 17 and Section 29 (d) of PHR Act, 1993. Further, the scope of Section 12 (a) and (j) of PHR Act, 1993 in dealing with the violation of Human Rights by entities other than public servants may also be discussed.

Standardization of manpower, service conditions and pay scales at various levels in the SHRCs, management of complaints, conduct of enquiry and the compliance of the recommendations of the Commissions, strengthening of District Human Rights Courts are also scheduled to be discussed.

SHRCs

The SHRCs are autonomous bodies set up by the respective State Governments as per the provisions of the PHR Act, 1993 passed by Parliament. The SHRCs are independent of the NHRC, which was set up by the Government of India as per the PHR Act, 1993 on the 12th October, 1993.

There are 25 States which have SHRCs in the country so far. Among them, Andhra Pradesh and Telengana have a common SHRC. The States where Human Rights Commissions have been set up are: Andhra Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Kerala, Karnataka, Madhya Pradesh, Meghalaya, Maharashtra, Manipur, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telengana, Uttar Pradesh, Uttarakhand and West Bengal.

The setting up of Meghalaya SHRC has been notified but appointment of Chairperson and/or Members has not been made so far. The posts of Chairperson and Members of the Jammu & Kashmir, Himachal Pradesh and Manipur Human Rights Commissions are lying vacant.

NHRC's advocacy for SHRCs

The NHRC, in tune with its mandate to promote and protect human rights, has been consistently impressing upon the State Governments for not only setting up SHRCs but also making them fully functional with infrastructural, financial and manpower resources to deal with human rights issues in accordance with the PHR Act, 1993 and the 'Paris Principles'.

The Commission has written to the remaining States of Arunachal Pradesh, Tripura, Nagaland and Mizoram to constitute SHRCs. The Commission has also brought to the notice of these State Governments the provision in Section 21 (6) of the PHR Act, 1993 according to which, States where SHRC is not constituted and they may be interested in sharing the Chairperson/Members of the SHRC of the other State for want of suitable manpower/expertise in their own State.

The Commission has also proposed to the Government of India for an amendment in the PHR Act, 1993 for constitution of Human Rights Commissions in the Union Territories.

Action on the decisions of the last meeting

The NHRC has been holding meetings with the SHRCs since 2004. As per one of the important decisions of the last meeting held on the 27th July, 2012, the Commission, after due deliberations, sent the recommendations of its Committee, headed by the then Chairperson, Mr. Justice K.G. Balakrishnan, to the Ministry of Home Affairs seeking amendments in the Section 30 of the PHR Act, 1993 in order to specify the "Jurisdiction and mandate of Human Rights Courts" by identifying the offences which could be tried by them under a procedure for the same.

Further, as decided, the NHRC also sent the recommendations of its 'Justice G.P. Mathur Committee on SHRCs' to the Prime Minister, Government of India and Chief Ministers of States on the 18th December, 2012 on the issues of evolving a basic structure, minimum manpower and financial requirement of SHRCs to enable them to discharge their functions assigned under the PHR Act, 1993 and to develop guidelines for complaint disposal by the SHRCs.

Response by MHA

In response, the Ministry of Home Affairs (HR Division), Government of India vide letter dated 20th February, 2013 requested for the details about the each SHRC on complaints registered, disposed and pending during 2010-12, Division-wise existing manpower, financial allocation, details of shortage being experienced and justification for providing additional amount etc. The details, as received, have been sent to the Government of India on the 23rd March, 2015. Further response of the Government of India is awaited.

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