APPOINTMENT OF VIJAYA BHARATHI SAYANI AS ACTING CHAIRPERSON OF NHRC

TAG: GS 2: POLITY

THE CONTEXT: On June 2, 2024, the Ministry of Home Affairs announced the appointment of Vijaya Bharathi Sayani as the acting chairperson of the National Human Rights Commission (NHRC) of India.

EXPLANATION:

• This appointment comes following the end of Justice Arun Mishra’s three-year term as the chairperson of the NHRC.
• Justice Arun Mishra, a former Supreme Court judge, was appointed as the eighth chairperson of the NHRC in June 2021.
• His appointment came nine months after his retirement from the Supreme Court and nearly seven months after the position had become vacant.
• His tenure as chairperson lasted for three years, during which he oversaw various human rights issues and cases brought before the commission.

Legislative Changes Affecting NHRC Appointments

• In 2019, the Indian Parliament amended the Protection of Human Rights Act, 1993.
• This amendment revised the eligibility criteria for the post of chairperson of the NHRC and the state human rights commissions.
• Prior to this amendment, only a retired Chief Justice of India could be appointed as the NHRC chairperson.
• The amendment expanded the eligibility to include any judge of the Supreme Court, thus broadening the pool of candidates for the position.

Appointment of Vijaya Bharathi Sayani

• The appointment of Vijaya Bharathi Sayani was formalized through a notification issued by the Ministry of Home Affairs.
• The notification stated that the President, under Section 7(1) of the Protection of Human Rights Act, 1993, authorized Sayani to act as the chairperson of the NHRC from June 2, 2024.
• She will serve in this capacity until a new chairperson is appointed to fill the vacancy permanently.

National Human Rights Commission (NHRC)

• The National Human Rights Commission (NHRC) of India was established on 12 October, 1993.
• The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.
• It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of 20 December, 1993.
• The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.
• Section 2(1)(d) of the PHRA defines Human Rights as the 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.
• Its functions include inquiring into complaints of human rights violations, intervening in court proceedings involving allegations of human rights violations, and conducting research and awareness programs on human rights issues.
• The role of the NHRC chairperson is crucial in steering the commission’s efforts to address human rights abuses effectively.
• With Sayani’s appointment, there is an expectation that she will bring her legal expertise and dedication to pro bono work to the fore, ensuring that the NHRC continues to uphold the rights and dignity of individuals, particularly those from marginalized communities.

SOURCE: https://www.barandbench.com/news/vijayabharathi-sayani-acting-chairperson-nhrc