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Human Rights (Amendment) Bill passed by the Indian Parliament

The Human Rights (Amendments) Bill has been passed by the Rajya Sabha on 22 July 2019, after it was moved from Lok Sabha
The Human Rights (Amendments) Bill has been passed by the Rajya Sabha on 22 July 2019, after it was moved from Lok Sabha

Rajya Sabha passed the Human Rights Amendment Bill on 22 July 2019. The Bill amends the Protection of Human Rights Act, 1993.

Parliament has passed the Protection of Human Rights (Amendment) Bill, 2019 with Rajya Sabha approving it today. 

The Lok Sabha had already passed the Bill. The Bill amends the Protection of Human Rights Act, 1993.

 The bill provides for a reduction in the tenure of Chairpersons of National Human Rights Commission and State Human Rights Commissions to three years from the current five years. 

The bill also states that besides the former Chief Justice of India, as is the current requirement, a former Supreme Court Judge can also become the NHRC Chairperson. 

Similarly, a former High Court Judge can also become a State Rights Commission Chairperson besides a High Court Chief Justice. Replying to the debate on this bill, Minister of State for Home Nityanand Rai reiterated the NDA Government’s commitment to protecting the Human rights and autonomy of Human rights bodies.

Reports from the Press Release of India Include:

  • The Protection of Human Rights (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of Home Affairs, Mr Amit Shah, on July 8, 2019. The Bill amends the Protection of Human Rights Act, 1993.  The Act provides for a National Human Rights Commission (NHRC), State Human Rights Commissions (SHRC), as well as Human Rights Courts.
     
  • Composition of NHRC: Under the Act, the chairperson of the NHRC is a person who has been a Chief Justice of the Supreme Court. The Bill amends this to provide that a person who has been Chief Justice of the Supreme Court, or a Judge of the Supreme Court will be the chairperson of the NHRC. 
     
  • The Act provides for two persons having knowledge of human rights to be appointed as members of the NHRC. The Bill amends this to allow three members to be appointed, of which at least one will be a woman. Under the Act, chairpersons of various commissions such as the National Commission for Scheduled Castes, National Commission for Scheduled Tribes, and National Commission for Women are members of the NHRC. The Bill provides for including the chairpersons of the National Commission for Backward Classes, the National Commission for the Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities as members of the NHRC.
     
  • Chairperson of SHRC: Under the Act, the chairperson of an SHRC is a person who has been a Chief justice of a High Court.  The Bill amends this to provide that a person who has been Chief Justice or Judge of a High Court will be the chairperson of an SHRC.  
     

Term of office: The Act states that the chairperson and members of the NHRC and SHRC will hold office for five years or till the age of seventy years, whichever is earlier.  The Bill reduces the term of office to three years or till the age of seventy years, whichever is earlier.  Further, the Act allows for the reappointment of members of the NHRC and SHRCs for a period of five years.  The Bill removes the five-year limit for reappointment. 

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