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Committee for widening of NHRC powers

Siddharth Narrain

Rights commission must be empowered to make surprise visits to jails


  • It must be empowered to inquire into violations on the direction of courts
  • Delegation of chairperson's functions to secretary-general needed

    NEW DELHI: The Parliamentary Standing Committee on Home Affairs has proposed that the National Human Rights Commission be empowered to make surprise visits to jails. At present, the NHRC can visit jails only after intimating the State Government.

    The Committee's recommendations on the Protection of Human Rights (Amendment Bill) 2005, submitted to Parliament, are based on suggestions by the Advisory Committee set up by the former Chief Justice of the Supreme Court, A.M. Ahmadi, and the recommendations of an Inter-Ministerial Committee comprising the Ministries of Home Affairs, Defence and Law.

    The Committee recommended that in addition to the existing system of making suo motu inquiries into human rights violations, the NHRC must be empowered to inquire into violations on the direction of courts.

    It must be given the power to recommend compensation to victims even during the course of inquiry in such cases. The NHRC can now recommend compensation only after the inquiry is over.

    It has suggested modifications to the Bill to allow the Centre to consider a retired Supreme Court Judge having a minimum of three years experience for the post of NHRC chairperson.

    At present, only a retired Chief Justice of the Supreme Court is eligible to be appointed to the post.

    The chairperson must be allowed to delegate some of his functions to the secretary-general. However, to prevent misuse he should not be able to delegate his "judicial functions."

    As a result of the bifurcation of the National Commission of Scheduled Castes and Tribes, the Chairpersons of both Commissions must be considered deemed members of the NHRC.

    The Committee has also recommended that the number of members of the State Human Rights Commissions be reduced from five to three to help reduce the financial burden on the States. In smaller States, a common SHRC for two or more States can be set up.

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