Rights groups slam Centre over delay in filling NHRC posts

Sub: Polity

Sec: National Body

Context:

The National Human Rights Commission (NHRC) has not had a full-time chairperson since June and has only one member to fill five positions.
Human rights groups are warning that the delay in filling vacant posts will hurt India’s global reputation.

Lack of transparency

Earlier this year, the Geneva-based UN-linked Global Alliance of National Human Rights Institutions (GANHRI) deferred the NHRC’s accreditation for the second year in a row.
The group cited several reasons, including the lack of transparency in appointing members to the Commission, and the poor gender and minority representation of the panel.

National Human Rights Commission (NHRC):

It is a statutory body established in 1993 under the Protection of Human Rights Act (PHRA), 1993.
NHRC acts as a watchdog of human rights in the country.
It is in conformity with the Paris Principles.

Composition:

NHRC consists of a chairperson, five full-time Members and seven deemed Members.
The chairperson is a retired chief justice of India or a judge of the Supreme Court.
They are appointed by the President on the recommendations of a six-member committee consisting of: Prime Minister (head), Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, Leaders of the Opposition in both the Houses of Parliament, Union Home Minister.

Term of office:

They hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.
The President can remove them from the office under specific circumstances.

Removal:

The president can remove the chairman or any member from the office under the following circumstances:
- If he is adjudged an insolvent; or
- If he engages, during his term of office, in any paid employment outside the duties of his office; or
- If he is unfit to continue in office by reason of infirmity of mind or body; or
- If he is of unsound mind and stand so declared by a competent court; or
- If he is convicted and sentenced to imprisonment for an offence.
In addition to these, the president can also remove the chairman or any member on the ground of proved misbehaviour or incapacity.
However, in these cases, the president has to refer the matter to the Supreme Court for an inquiry.
If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the president can remove the chairman or a member.