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India's top Human Rights panel
is headless, in many senses of the term
WSN Network
NEW DELHI: The
non-seriousness of New Delhi about its human rights record is clear
from te fact that its top human rights protection body, the National
Human Rights Commission, is not only headless but is likely to
remain that way for quite some time now. Ever since Justice S.
Rajendra Babu retired on May 31, there has been no move to even
select another person even though such action could have been taken
months in advance. Former Supreme Court judge, Justice G.P. Mathur,
is a stop gap arrangement because the Protection of Human Rights
Act,1993 specifies that the NHRC chairperson “shall be a person who
has been a Chief Justice of the Supreme Court.”
Since as per the
Act, the retired chief justice of
India
should not be more than 70 years of age, there is another problem.
Of all the former chief justices of India, who are alive, there are
only two who are below 70. The government, however, seems to have
decided against both of them. Former CJI R.C. Lahoti will turn 70 in
November next year, while Justice Y. K. Sabharwal is just 67, but
were ruled out.
The allegations
of corruption against Justice Sabharwal put him out of the race,
while proximity of Justice Lahoti with a particular political party
sealed his fate. In the given circumstances, the earliest the
government can hope to get a regular NHRC chief would be in May next
year, when the incumbent CJI K.G. Balakrishnan retires from the
Supreme Court. But it is not known whether Justice Balakrishnan
would be even interested in accepting the post.
Human Rights
activists said it was possible to amend the 1993 Human Rights Act to
allow retired Supreme Court judges to head the commission. However,
the possibility of such a step being taken appears bleak.
Former CJI
Justice J.S Verma who also served as the NHRC chief between 2000 and
2003, expressed surprise at the commission being rendered headless.
“Such an important institution in these days, when the human rights
occupy a central place in democracies across the world, should not
be neglected,” he said.
1
July 2009
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