Haryana Human Rights Commission (HHRC) headless and also member-less since 2023

After 2019 amendment in PHR Act, 1993 first tenure of Chairperson & Members of HRC is three years not five years- Advocate Hemant Kumar

5 Dariya News

Chandigarh 09-Apr-2024

The Haryana Human Rights Commission (HHRC) is not only headless since  past one year but also member-less since  last over six months. The official website of HHRC is currently displaying prominently that the State Government has not yet appointed the Hon'ble Chairperson/Hon'ble Members and as such dates will be given in the cases fixed for hearing. 

Meanwhile, Hemant Kumar, an Advocate at Punjab & Haryana High Court told that the erstwhile Chairperson of HHRC, Justice SK Mittal (Retd)  five -years tenure completed a year ago on 22 April 2023. Mittal, who retired as Chief Justice of High Court was appointed as Chairperson, HHRC in April, 2018 along with one Judicial Member viz. 

Justice KC Puri (Retd), a retired Judge of High Court, whose five-years term also ceased last year in April, 2023. However, one non-judicial background member viz. Deep Bhatia, also appointed in HHRC for five-years tenure on 20 Sep 2018 for a period of five years  continued as such till 11 May 2023 and from 12 May 2023 to 19 Sep 2023, Bhatia functioned as Acting Chairperson of HHRC.  

As far as appointment of Chairperson and Members of State Human Rights Commission (like HHRC) is concerned, Hemant told that as per Section 22 of Protection of Human Rights Act (PHR) Act, 1993 their appointment shall be made by the Governor on the recommendation of a Committee consisting of Chief Minister, Speaker of Legislative Assembly, Minister in-charge of the Department of Home Affairs in the State and Leader of Opposition in the Legislative Assembly. 

Be that as it may, Hemant told that  the Parliament amended the PHR Act, 1993 five years ago and the amended provisions came into force with effect from 2 Aug 2019. As per the amended and  prevalent provisions, the term of office of Chairperson and Members  of State. Human Rights Commission (like HHRC) is currently three years instead of five years as was the provision earlier or till he attains the age of 70 years whichever is earlier. 

Although the Chairperson and Members of State Human Rights Commission are eligible for re-appointment subject to a maximum age limit of 70 years, however after ceasing to hold office, they would not be eligible for further employment under the Government of a State or under the Government of India, quipped Hemant.