Parliament passes Protection of Human Rights Amendment Bill

Parliament on Monday passed a Bill to expedite the process of appointment of chairperson and members of NHRC and states rights bodies, with Home Minister Amit Shah allaying fears of the opposition that the government may influence the appointment to the panels. Intervening in the debate in Rajya Sabha, Shah said that the age limit for appointment to the panel has been reduced to fill the vacancies.

The Protection of Human Rights (Amendment) Bill, 2019, which was passed by Lok Sabha on Friday, provides for reduction in tenure of chairpersons of national and state human rights bodies to three years from the current five years. It also stipulates that besides a former chief justice of India, as is the current requirement, a former Supreme Court judge can also become NHRC chairperson.

"There have been apprehension that it will be government's committee... or members could be re-appointed after three years," Shah said and pointed out that there was panel for appointment. If appointments are viewed with suspicion than any democratic body cannot function, he said.

"Appointment (to the panel) is not done by the Prime Minister on the recommendation of the Home Minister. A committee has been formed for this," he said. Shah said the committee comprised of Prime Minister, Lok Sabha Speaker, Home Minister, Leader of the opposition of both the Houses and in case of their absence leaders of the opposition parties and Deputy Chairman of Rajya Sabha, and if all these people appoint any person apprehensions should not be raised.

He also made it clear: "One who is made chairman or member of the Human Rights Commission cannot remain on any other post of the government. "He will have the right of reappointment on the post only that too by the committee." Earlier, in his reply, Minister of State (Home Affairs) Nityanand Rai said changes in the legislation will help in protecting human rights effectively.

The Bill was later passed by voice vote in Rajya Sabha, completing the parliamentary process. Some opposition members demanded that the bill be sent to the Standing Committee but it was rejected by the House.

The opposition MPs also claimed that they were not given enough time to move amendments. Participating in the debate, Congress MP Vivek K Tankha expressed apprehension that the proposed changes in law would empower the government to handpick members.

Tankha said the government should have brought "functional amendments" in the existing law and not "cosmetic" ones. He said if the bill was sent to select committee or standing committee of parliament, larger issues would have been addressed.

Elmaram Kareem (CPI-M) too made a case for sending the bill to a select committee of Rajya Sabha. A similar demand was made K Ravindra Kumar (TDP). The bill is aimed expediting the process of appointment of chairperson and members of the National Human Rights Commission (NHRC).

On the demand for appointment of any other judge as chairman only if there is non-availability of a former Chief Justice of India, Shah questioned whether any Supreme Court judge will accept to be a member if such a clause is there. "The government has no other intention," he said and added that several high court and Supreme Court judgements have made it clear that as far as judicial work is concerned Chief Justic is the first among equals.

"As far as judicial work is concerned there is no difference between Chief Justice and judges... Chief Justice certainly has some administrative rights to run the Supreme Court and high courts. "No additional judicial right remains with the Chief Justice. Otherwise no judge will come if there will be a clause to keep other judges in absence of chief justice," he said.

On reduction of tenure to three years from five years, he said this is to expedite filling up vacant posts and also made it clear that there were no chances of frequent reappointments as the age limit was 70 only. Earlier, Minister of State (Home Affairs) Nityanand Raisaid: "India is committed to protecting human rights under Prime Minister Narendra Modi who has made it 'rajdharma' to serve the humanity." On the issue of NRC, he said only those who have not been able to provide the certificates of citizenships have been detained.

Rai said during the last five years 4.93 lakh cases were registered under NHRC with a disposal rate of 97 per cent whereas during previous years the reports used to be pending. He said the bill also gives more administrative and financial powers to various bodies.

The new 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 participation of civil society representatives will provide more strength to protect human rights, the minister said.

The amendment also provides that a former high court judge can also become a state human rights commission chairperson besides a high court chief justice, according to the bill. Leader of the Opposition and senior Congress leader Ghulam Nabi Azad raised objection on the "procedure" being followed on the bill.

He said the House was informed about the bill on Friday and after that there two holidays. The senior Congress leader said several members wanted to move amendments and it was their right.

"Members of Parliament should be given time to move amendments," he added. Raising a point of order under Rule 95, TMC leader Derek O'Brien said members did not get sufficient time to submit amendments to the bill as the draft law was passed by Lok Sabha last week and sent to the House on Friday evening.

The Deputy Chairman said members had time till noon to file their amendments to the Bill. Earlier, participating in the debate on the bill, Ripun Bora (Cong) claimed there is no autonomy to National Human Rights Commission.

Sanjay Singh (AAP) alleged that Delhi was witnessing the biggest violation of human rights and alleged that the chief minister and others were being targeted by the CBI..