Kerala LoP objects to SHRC chief appointment

  • August 8, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Kerala LoP objects to SHRC chief appointment

Subject :Polity

Section: National body

Context:

Leader of the Opposition V.D. Satheesan has disagreed with the government’s purported move to appoint retired Chief Justice S. Manikumar as State Human Rights Commission (SHRC) chairperson.

Concerns Over Selection Process:

Exclusion of Opposition Leader:

  • V.D. Satheesan, Leader of the Opposition, objects to being left out of the decision-making process.
  • Claims that the government’s decision lacks political propriety by not involving all panel members.

Lack of Transparency:

  • Criticizes the government for presenting only one name instead of a panel of candidates for consideration.
  • Alleges the government’s approach is arbitrary and lacks democratic principles.

Protection of Human Rights Act, 1993, NHRC, and SHRC

Protection of Human Rights Act, 1993:

Introduction:

  • Enacted to safeguard human rights.
  • Came into force with retrospective effect from September 28, 1993.

Mandate:

  • Establish National Human Rights Commission (NHRC).
  • Establish State Human Rights Commissions (SHRCs).
  • Establish Human Rights Courts for the protection of human rights.

National Human Rights Commission (NHRC):

About:

  • Watchdog for human rights.
  • Enforces rights guaranteed by Indian Constitution and international covenants.

Establishment:

  • Founded on October 12, 1993.
  • Established under the Protection of Human Rights Act, 1993.
  • Conforms to Paris Principles for human rights protection.

Composition:

  • Chairperson and four members.
  • Chairperson: Retired Chief Justice or Supreme Court judge.
  • Members: Eminent persons with experience in human rights, law, public administration, etc.
  • Appointment by the president on the recommendation of a six-member committee.
  • Committee for Appointment:
    • Six-member committee headed by the Prime Minister.
    • Committee includes
      • Speaker of Lok Sabha,
      • Deputy Chairman of Rajya Sabha,
      • Leaders of the Opposition in both Houses, and
      • Union Home Minister.

Tenure:

  • Chairperson and members hold office for three years or until they attain the age of 70 years, whichever is earlier.
  • Reappointment is possible for members if not yet 70 years old.
  • Not eligible for further employment under union/state government.

Role and Powers:

  • Investigate human rights violations, suo motu, or complaints.
  • Intervene in court proceedings related to human rights.
  • Monitor jails, and recommend improvements.
  • Review safeguards and recommend measures.
  • Study treaties and promote human rights literacy.
  • Collaborate with NGOs and international bodies.

Limitations:

  • Recommendations are not binding on the government.
  • Limited investigation mechanism.
  • The time limit for complaint registration (within one year of occurrence).
  • No enforcement power.

State Human Rights Commission (SHRC):

Introduction and Composition:

  • Inquires into human rights violations in state matters.
  • Chairperson and two members.
  • Chairperson: Retired Chief Justice or High Court judge.
  • Members: Serving/retired HC judge or district judge with at least seven years of experience as a District Judge..

Appointment:

  • Governor appoints based on the recommendation of a committee.
  • The committee consists of:
    • Chief Minister (chairperson).
    • State Home Minister
    • Speaker of Legislative Assembly
    • Leader of the Opposition in the State Legislative Assembly
    • In the case of the Legislative Council:
      • Chairman of the Legislative Council
      • Leader of the Opposition in the Legislative Council

Tenure and Removal:

  • Three years or age 70, whichever comes first.
  • Removal only by President.

Powers:

  • Similar to NHRC.
  • Can recommend compensation and prosecution.

Limitations: Selection & Appointment

  1. Transparency and Criteria:
    1. Lack of transparent selection process.
    2. Unclear criteria for member selection.
  2. Political Influence:
    1. Political considerations influence appointments.
    2. Presence of political figures in selection.
  3. Expertise and Qualifications:
    1. Appointments may lack the required expertise.
    2. Qualifications are not consistently prioritized.
  4. Conflicts of Interest:
    1. Members appointed to other roles post-tenure.
    2. Potential conflicts of interest arise.
  5. Public Engagement Gap:
    1. Limited civil society and public involvement.
    2. Lack of diverse voices in selection.
  6. Appointment Delays:
    1. Delays affect commission effectiveness.
    2. Quorum issues may arise.
  7. Politicization Concerns:
    1. Allegations of bias due to political affiliations.
    2. Impartiality could be compromised.
Kerala LoP objects to SHRC chief appointment Polity