NHRC handicapped without Chairperson, DG Investigation: PIL in SC

By Suchitra Kalyan Mohanty
New Delhi [India], February 25 : For the first time in the history of the National Human Rights Commission's (NHRC) since its inception, the apex human rights watchdog of the country is at present, running without its full strength as it does not have a Chairperson, Acting Chairperson, two members and the Director-General of Investigation.
This was claimed by noted human rights activist and Supreme Court lawyer, Radhakanta Tripathy in a Public Interest Litigation (PIL) filed in the Supreme Court.
Tripathy filed the petition seeking the intervention of the top court to ensure the apex human rights watchdog of the country runs with its full strength.
Tripathy's petition pointed out the vacancies of Chairperson, two members and Director General of Investigation of National Human Rights Commission as required under Protection of Human Rights Act, 1993 as amended in 2019.
"The Commission cannot function without its Chairperson, members and Director General of Investigation," Tripathy claimed in his petition.
The petition is likely to come up for hearing in the second or third week of March, as per the Supreme Court Registry.
"The NHRC has become handicapped due to the inaction of the government. The negligence, failure and inaction of the Respondents in filling up the vacancies in the NHRC violate Article 14 and 21 of the Constitution of India," the petition filed by Tripahty claimed.
This situation has arisen for the first time in the history of the NHRC, since its inception, when there is no Chairperson, Acting Chairperson, two members and the Director-General of Investigation, Tripathy pointed out in his PIL.
The petition of Tripathy contended that Section 3 of the Protection of Human Rights Act, 1993 as amended in 2019 prescribes the Constitution of a National Human Rights Commission with a Chairperson and five other members.
Similarly, Section 11 of the Act prescribes for the appointment of a Director-General of Investigation. Section 7 of the Act Prescribes of appointment of an Acting Chairperson in the absence of Chairperson, the petition stated.
The posts in the NHRC have remained empty since Justice HL Dattu retired on December 2 last year as the Chairperson, and Justice D Murugesan retired from the Commission in September 2018, as a member.
A new post for membership has been created by the Amendment of the Protection of Human Rights Act in 2019. The post of Director-General of Investigation has been lying vacant since May 2020, after the retirement of Prabhat Singh, IPS, who retired as Director General (Investigation) in the NHRC, the petition said.
Tripathy, in his plea, also alleged that the non-appointment of a Chairperson, two members, and Director General of Investigation in the NHRC has made it handicapped and dysfunctional in the eyes of law.
"It is, therefore, directly connected with the administration of justice and rule of law, increasing pendency of cases and investigation of serious cases," the petition said.
Negligence and inaction of the government in not appointing the Chairperson, members and Director General of Investigation of NHRC, in the circumstances is arbitrary, unreasonable and therefore violates Article 14 and 21 of the Constitution of India, Tripathy said in his petition.