Protection of Human Rights (Amendment) Act, 2019 | Indian Polity for UPSC CSE PDF Download

Need for the amendment in the existing Act

• The NHRC was denied A-grade accreditation in 2017 by the Global Alliance of National Human Rights Institutions (GANHRI), a UN body based in Geneva, due Commission’s failure in ensuring gender balance and pluralism in its staff and lack of transparency in selecting its members and rising political interference.
• Demand from the certain State Governments has also proposed for amendment of the Act, as they have been facing difficulties in finding suitable candidates to the post of Chairperson of the respective State Commissions owing to the existing eligibility criteria to the said post.

Significance of the recent amendment

The proposed amendments will enable both the National Commission as well as the State Commissions to be more compliant with the Paris Principles concerning its autonomy, independence, pluralism and wide-ranging functions in order to effectively protect and promote human rights.

• Filling up the Vacancies: The age limit for appointment to the panel has been reduced to fill the vacancies. The amendment has ensured transparency in the appointment of Chairman and members of the Commission.
• Enabling conditions to incorporate Civil Society: Effort is also to increase the presence of civil Society in the composition of the Commission.
• Ease of accessibility: The applicants in Union Territories can now appeal to the Human Rights Commission of nearby states instead of coming all the way to Delhi.

Amendments to the original Act of 1993

1. Composition of NHRC

• Original Act of 1993:

  • Chairperson of the NHRC is a person who has been a Chief Justice of the Supreme Court.
  • Provides for two persons having knowledge of human rights to be appointed as members of the NHRC.
  • Chairpersons of the National Commission for Scheduled Castes, National Commission for Scheduled Tribes, and National Commission for Women are members of the NHRC.

• Amended Act of 2019:

  • Chairperson of the NHRC can be a person who has been Chief Justice of the Supreme Court, or a Judge of the Supreme Court.
  • Allows for three members to be appointed, of which at least one will be a woman.
  • Includes chairpersons of the National Commission for Backward Classes, National Commission for the Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities as members of the NHRC.

2. Chairperson of SHRC

• Original Act of 1993:

  • Chairperson of an SHRC is a person who has been a Chief Justice of a High Court.

• Amended Act of 2019:

  • Chairperson of an SHRC can be a person who has been Chief Justice or Judge of a High Court.

3. Term of Office

• Original Act of 1993:

  • Chairperson and members of the NHRC and SHRC will hold office for five years or till the age of seventy years, whichever is earlier.
  • Allows for the reappointment of members of the NHRC and SHRCs for a period of five years.

• Amended Act of 2019:

  • Reduces the term of office to three years or till the age of seventy years, whichever is earlier.
  • Removes the five-year limit for reappointment.

4. Union Territories

• Amended Act of 2019:
  • Central government may confer on an 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.