2019 – Posted in: Press Information Bureau – Tags: NHRC

The Protection of Human Rights (Amendment) Bill, 2019

(Ministry of Home Affairs)

WHAT

Lok Sabha passed the Protection of Human Rights (Amendment) Bill, 2019, saying it will make the National Human Rights Commission more inclusive and efficient.

The NHRC has proposed certain amendments to the Act to address the concerns raised at certain global platforms.
Certain State Governments have also proposed amendments to the Act.
States have been facing difficulties in finding suitable candidates to the post of Chairperson of the respective State Commissions owing to the existing eligibility criteria.

ADVANTAGES

The proposed amendments will enable both the Commission as well as the State Commissions to be more compliant with the Paris Principles concerning its autonomy, independence, pluralism and wide-ranging functions in order to effectively protect and promote human rights.

The Protection of Human Rights (Amendment) Bill, 2019, inter alia, provides

that a person who has been a Judge of the Supreme Court is also made eligible to be appointed as Chairperson of the Commission in addition to the person who has been the Chief Justice of India
to increase the Members of the Commission from two to three of which, one shall be a woman
to include Chairperson of the National Commission for Backward Classes, Chairperson of the National Commission for Protection of Child Rights and the Chief Commissioner for Persons with Disabilities as deemed Members of the Commission
reduce the term of the Chairperson and Members of the Commission and the State Commissions from five to three years and shall be eligible for re-appointment
to provide that a person who has been a Judge of a High Court is also made eligible to be appointed as Chairperson of the State Commission in addition to the person who has been the Chief Justice of the High Court
to confer upon State Commissions, the functions relating to human rights being discharged by the Union territories, other than the Union territory of Delhi, which will be dealt with by the Commission.

BACKGROUND

The Protection of Human Rights Act, 1993 was enacted to provide for the constitution of a

(i) National Human Rights Commission (NHRC)

(ii) The State Human Rights Commission (SHRC)

(iii) The Human Rights Courts for protection of human rights

NATIONAL HUMAN RIGHTS COMMISSION

The National Human Rights Commission (NHRC) of India was established on 12 October, 1993.
The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.
It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991.
PHRA defines Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

Source: PIB

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