1. Home
  2. Article
  3. For Better Protection Of Human Rights: Protection Of Human Rights (Amendment) Act, 2019
  1. Current Affairs
  2. Governance Issues
  3. IAS/ PCS

For Better Protection Of Human Rights: Protection Of Human Rights (Amendment) Act, 2019

The Protection of Human Rights (Amendment) Bill, 2019 was passed, on July 22, 2019, which amended the Protection of Human Rights Act, 1993 that provides for a National Human Rights Commission (NHRC), State Human Rights Commissions (SHRC), as well as Human Rights Courts.

Salient Features of Amendment

1. Change related to composition of NHRC

  • 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.
  • Earlier Act had provision for two persons having knowledge of human rights to be appointed as members of the commission. Bill amended this to allow three members to be appointed, of which at least one will 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.

2. Change related to Chairperson of SHRC

  • 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.

3. Change related to Term of Office

  • To 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.

4. Change related to Function

  • The Bill provides that the central government may confer on a SHRC human rights functions being discharged by Union Territories. Functions relating to human rights in the case of Delhi will be dealt with by the NHRC

Impact of the Amendment

  • It will streamline the selection of members of NHRC and SHRC as the shortage of retired chief justices will be avoided by the inclusion of Supreme Court and High Court judges.
  • The widened the composition of NHRC, which will help in the administration of justice related to human right violation.

Criticism of the Amendment

  • As per the amendment, if the Chief Justice of India is not available for the post, then there is an option to appoint a Supreme Court judge, which may open the door for appointment of “yes men” on the body.
  • There is a danger of setting wrong precedence by overlooking an existing Chief Justice and appointing a certain handpicked judge as the chairman.

Way Forward

The NHRC is an embodiment of India’s concern for the promotion and protection of human rights and hence it will be important to fill the lacunae of amendment by setting right precedence and sticking to the aspiration of the Protection of Human Rights Act, 1993.