CHENNAI: For more than four years, vacancies of members in the State Human Rights Commission (SHRC) have been remaining unfilled. In the absence of other Members, Acting Chairperson Justice S. Thangaraj, a retired Judge of the Madras High Court, himself is disposing of the cases pending before the rights body.

Though Tamil Nadu is one among the five States — the others being West Bengal, Madhya Pradesh, Assam and Himachal Pradesh — to constitute the Commission with a full complement of five Members as early as in 1997, the rights body is in such a state that it does not even have a full time Chairperson at present. The latest to retire as member was S. Sambandham, a former Judge of the Special Court, in March this year after he completed the five-year term.

Vacancies started arising in 2000 with the retirement of a member, R. Ratnaswami. Soon the Government filled the vacancy by posting Mr. Sambandham. The Commission lost its head when the Chairperson, Justice S. Nainar Sundaram, died in September 2001. Since then, no regular Chairperson has been appointed. Subsequently, Justice K. Swamidurai, Dr. M. Sushila Raj and Abdul Ghani retired as members in 2002 on completing their term. When the matter of filling up the vacancy of the Chairperson was asked, Commission officials had then pointed out that it was difficult to find a suitable hand for the position. As per the Protection of Human Rights Act, 1993, a State Commission should consist of a Chairperson, who has been a Chief Justice of a High Court; one Member, who is, or has been a Judge of a High Court; one Member who is, or has been, a district Judge in that State and two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights. The Chairperson and other Members of the State Commissions are appointed after obtaining the recommendation of a committee, which includes the Chief Minister, Speaker of the Legislative Assembly, the Home Ministerand Leader of the Opposition in the Assembly. The Chairperson or a Member can hold office for five years from the date of assuming office or until they attain the age of 70, whichever is earlier. A member is eligible for reappointment for another term provided he fulfils the age criterion. When the latest vacancy arose, the Assembly elections were approaching and hence, it was pointed out, no appointments could be made.

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