NEW DELHI: A Parliamentary Standing committee on home affairs Dee, 6 criticized the proposed Composition of the National Human Rights Commission as highly *bureaucratized” and said persons from other categories should be associated with the commission.
In its sixth report on the Human Rights Commission Bill, 1993, tabled in Parliament Monday, the Committee said the commission Must enjoy credibility and added that a sub clause of the Bill might be so amended as to make a provision that at least two members, out of the four of the commission, are or have been judge of the Supreme Court or the chief justice of a high court. The remaining two members may be appointed from other categories, it said.
Stating that clause 21 of the Bill Provides for the Constitution of State human rights commissions in the states, the committee said necessary provisions in regard to the constitution, appointment and removal of the chairperson and the members, their powers on the lines of a national human rights commission must be made. It called for suitable arrangements with regard to the Union territories.
Referring to the sub-clause relating to the inquiry by the commission into complaints of violation of human rights resulting from terrorist acts, the committee Said it would be better to leave this area solely to the existing law enforcing agencies, This is because, it Said, it might not be possible for the commission to go in to the complaints arising out of terrorist acts because of the obvious practical difficulties.
As such, the committee has recommended deletion of this sub clause and also recommended that instead a suitable provision be made to provide for review by the commission of the factors, including acts of terrorism that inhibit the enjoyment of human nights and suggested appropriate remedial measures.
Referring to another sub clause relating to the visit by the commission to a jail with the approval of the concern state governments, the committee said the commission might visit any jail or detention center under the control of a state government with prior intimation to that government. With respect to the paramilitary forces, such as the Border Security Force (BSF), the Central Reserve Police Force (CRPF), the Indo Tibetan Border Police (ITBP), the government should separately examine the feasibility of introducing legal procedures of court martial and other disciplinary Measures as are applicable to the defence forces the Army, the Navy and the Air Force in view of the special procedure being rude applicable to the paramilitary forces in the Bill.
According to the committee, the provision for nomination of members by the chairpersons of the three national commissions mentioned in the Bill should be omitted and instead a provision be made that the chairpersons should be deemed to be members of the national human rights commission for the discharge of the functions specified.
The committee said the appointment of a silting judge of the Supreme Court or sitting chief justice of a high court as chairperson or member of the Commission should be made after obtaining concurrence of the Chief Justice of India.
Article extracted from this publication >> December 10, 1993
