Lok Sabha Question No. 3229 (UNSTARRED), answered on 2018-08-07
Subject: National Human Rights Commission
Ministry: HOME AFFAIRS
Asked by: RAMDAS CHANDRABHANJI TADAS, CHANDRA PRAKASH JOSHI

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 3229

TO BE ANSWERED ON THE 07 TH  AUGUST, 2018/ SHRAVANA 16, 1940 (SAKA)

NATIONAL HUMAN RIGHTS COMMISSION

3229. SHRI RAMDAS C. TADAS: SHRI CHANDRA PRAKASH JOSHI:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether the Government has any mechanism to nominate members in National Human Rights Commission (NHRC) at National and State level;

(b) if so, the details thereof, State-wise;

(c) if not, the reasons therefor; and

(d)  the  details  of  the  current  composition of NHRC at National and State level?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a) to (c):     As  per  Section  4(1)  of  the  Protection  of  Human  Rights  Act, 1993, the Members of the National Human Rights Commission (NHRC) are appointed by the President of India by warrant under his hand and seal, after  obtaining  the  recommendations  of  a  Committee  consisting  of    the Prime Minister - Chairperson, Speaker of the House of the People - Member, Minister  in-charge  of  the  Ministry  of  Home  Affairs  in  the  Government  of India  -  Member,  Leader  of  the  Opposition  in  the  House  of  the  People  Member, Leader of the Opposition in the Council of States  - Member and Deputy Chairman of the Council of States - Member.

## L.S.US.Q NO. 3229 FOR 07.08.2018

As per Section 22(1) of the PHR Act, 1993, the Members of the State Commission are appointed by the Governor by warrant under his hand and seal, after obtaining the recommendation of a Committee consisting of the Chief  Minister  -  Chairperson,  Speaker  of  the  Legislative  Assembly -Member,  Minister  in-charge  of  the  Department  of  Home,  in  that  State  Member, Leader of the Opposition in the Legislative Assembly - Member, provided further that where there is a Legislative Council in a State, the Chairman of that Council and the Leader of the Opposition in that Council shall also be members of the Committee.

(d): Section  3(2)  of  the  Protection  of  Human  Rights  Act  (PHRA),  1993 states that the NHRC shall consist of: -

- (i) a Chairperson who has been a Chief Justice of the Supreme Court;
- (ii) one Member who is or has been, a Judge of the Supreme Court;
- (iii) one Member who is, or has been, the Chief Justice of a High Court;
- (iv) two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights;

As  per  Section  21(2)  of  the  PHR  Act,  1993,  the  State  Commission shall consist of: -

## L.S.US.Q NO. 3229 FOR 07.08.2018

- (i) a Chairperson who has been a Chief Justice of a High Court;
- (ii) one Member who is, or has been, a Judge of a High Court or District Judge  in  the  State  with  a  minimum  of  seven  years  experience  as District Judge;
- (iii) one Member to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.

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