Kerala might move SC against Governor on SHRC chief’s appointment

Kerala might move SC against Governor on SHRC chief’s appointment

Subject: Polity

Section: National Body

Context:

• The Kerala government intends to hold Governor Arif Mohammed Khan accountable for casting suspicion on the judiciary and former Chief Justice S. Manikumar by delaying the appointment of Manikumar as the chairperson of the Kerala State Human Rights Commission (SHRC) for eight months.

State Human Rights Commission (SHRC):

• SHRC in India serves as a watchdog to ensure the protection and promotion of human rights within each state. It was established as per the provisions of the Protection of Human Rights Act (PHRA), 1993.
• Composition: The State Commission shall consist of a Chairperson and 4 members.

• Appointment: The Chairperson and other Members shall be appointed by the Governor after obtaining the recommendation of a Committee consisting of:
  • The Chief Minister
  • Speaker of the Legislative Assembly
  • Minister-in-charge of the Department of Home in that State
  • Leader of the Opposition in the Legislative Assembly.
• Term: Three years or until they attain the age of 70 years, whichever comes first.
• Removal: The Chairperson or any other Member of the Commission shall be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the inquiry of the Supreme Court. The  President also, by order, removes from office the Chairperson or any other Member if the Chairperson or such other Member:
  • Is adjudged insolvent.
  • Engages during his term of office in any paid employment outside the duties of his office.
  • Is unfit to continue in office by reason of infirmity of mind or body.
  • Is of unsound mind and stands so declared by a competent court.
  • Is convicted and sentenced to imprisonment for an offense which, in the opinion of the President, involves moral turpitude.

Working of the States Human Rights Commission:

• The Commission is vested with the power to regulate its procedure.
• It has all the powers of a civil court and its proceedings have a judicial character.
• It may call for information or reports from the state government or any other authority subordinate hitherto.
• The Commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting a violation of human rights is alleged to have been committed. In other words, it can look into a matter within one year of its occurrence.
• The Commission may take any of the following steps during or upon the completion of an inquiry:
  • It may recommend the state government or authority to make payment of compensation or damages to the victim.
  • It may recommend to the state government or authority the initiation of proceedings for prosecution or any other action against the state government.
  • It may recommend the state government or authority for the grant of immediate interim relief to the victim.
  • It may approach the Supreme Court or state high court for the necessary direction, order or writs.
• The Commission submits its annual or special reports to the state government. These reports are laid before the state legislature, along with a memorandum of action taken on the recommendations of the Commission and the reasons for non-acceptance of any of such recommendations.

Human Rights Courts:

• The Protection of Human Rights Act (1993) also provides for the establishment of a Human Rights Court in every district for the speedy trial of violation of human rights.
• These courts can be set up by the state government only with the occurrence of the Chief Justice of the High Court of that state.
• For every Human Rights Court, the state government specifies a public prosecutor or appoints an advocate (who has practised as a special prosecutor).

Source: TH