Appointment of NHRC Chairperson Anticipated Soon

New Delhi, Dec 18 (NationPress) After being without a regular designated head for more than six months, the National Human Rights Commission (NHRC) is on the verge of appointing a new Chairman shortly, which will relieve Acting Chairperson Vijaya Bharathi Sayani.

The apex human rights organization requires a Chairperson alongside five full-time members. Currently, it has only one woman member.

The NHRC has been awaiting a full-time Chairperson since June, following the retirement of former Supreme Court justice and the eighth Chairman of the rights panel, Arun Mishra, on June 1. Moreover, NHRC currently has just one member out of five available positions.

The procedure for appointing the NHRC Chairman is guided by Sections 2, 3, and 4 of the TPHRA (The Protection of Human Rights Act) of 1993. The appointment is made by the President, based on recommendations from a committee that includes the Prime Minister (who acts as the committee’s Chairperson), Home Minister, Leaders of the Opposition from both Houses of Parliament, the Speaker of Lok Sabha, and the Deputy Chairman of Rajya Sabha.

To qualify as the NHRC Chairperson, a candidate must either be a Chief Justice of India or a Judge of the Supreme Court.

In addition to the Chairperson, NHRC is composed of five other members, excluding the ex-officio members. One of these members must have served as a Judge of the Supreme Court, and another must have been a Chief Justice of a High Court. Among the remaining three members chosen for their expertise in human rights matters, at least one must be a woman.

The ex-officio members include the Chairpersons of various National Commissions, such as the National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women, National Commission for Minorities, National Commission for Backward Classes, and the National Commission for Protection of Child Rights; as well as the Chief Commissioner for Persons with Disabilities.

A sitting Judge of the Supreme Court or Chief Justice of any High Court can only be appointed after consulting with the Chief Justice of India.

The term of the NHRC Chairman is five years or until the age of 70, whichever comes first.

It is noteworthy that since June 2009, there has been an acting Chairperson preceding the appointment of a full-time Chairperson.

From November 1, 2006, Justice Shivaraj Patil acted as the Chairman until April 1, 2007, when Justice S. Rajendra Babu was appointed as the Chairman on April 2, 2007.

After Justice Babu’s term ended on May 31, 2009, Justice G. P. Mathur took over as Acting Chairman for more than a year until Justice K. G. Balakrishnan became the Chairman on June 7, 2010.

Following Justice Balakrishnan’s term, Justice Cyriac Joseph served as Acting Chairperson for over nine months from May 11, 2015, to February 28, 2016.

Subsequently, Justice H. L. Dattu held the position from February 29, 2016, to December 2, 2020; Acting Chairman Justice Prafulla Chandra Pant served from April 25, 2021, to June 1, 2021; and Chairman Justice Arun Kumar Mishra was appointed from June 2, 2021, to June 1, 2024.

Acting Chairperson Vijaya Bharathi Sayani has held her position since June 2, 2024, completing over six months in office.

The statutory body of NHRC was established on October 12, 1993, under the Protection of Human Rights Ordinance of September 28, 1993. NHRC is tasked with protecting and promoting human rights, defined by the Act as "rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India."

In a recent global development, in May of this year, a global human rights organization associated with the UN Human Rights Office postponed accreditation for NHRC for the second consecutive year.

The accreditation from the Geneva-based Global Alliance of National Human Rights Institutions is crucial for NHRC to represent India at the UN Human Rights Council or to cast votes there.

Human rights organizations have expressed concern that the delay in appointing officials may harm India’s international reputation.

However, on Wednesday, a committee led by Prime Minister Narendra Modi convened to select the next NHRC Chairman. The meeting also included the Leader of the Opposition in Lok Sabha, Rahul Gandhi, and his counterpart in Rajya Sabha, Mallikarjun Kharge.