Lok Sabha Question No. 2666 (UNSTARRED), answered on 2015-12-15
Subject: Conference of National and State Human Rights Commission
Ministry: HOME AFFAIRS
Asked by: FAGGAN SINGH KULASTE, NAGENDRA KUMAR PRADHAN

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.2666

TO BE ANSWERED ON THE 15 TH  DECEMBER, 2015/ AGRAHAYANA 24, 1937 (SAKA)

CONFERENCE OF NATIONAL AND STATE HUMAN RIGHTS COMMISSION

2666. SHRI FAGGAN SINGH KULASTE: SHRI NAGENDRA KUMAR PRADHAN:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether the Government has organized the conference of the National and State Human Rights Commissions in the recent past;
- (b) if so, the details thereof;
- (c)  the  details  of  important  issues  taken  up  and  decided  during  the  said conference;
- (d) the names of States/UTs which participated in the said conference; and
- (e)  the  names  of  the  States  which  have  set  up  State  Human  Rights Commission along with the steps taken to set up such Commission in all the States?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI KIREN RIJIJU)

- (a)  &  (b):  The  National  Human  Rights  Commission  (NHRC)  has  organized  a Conference of National Human Rights Commission and State Human Rights Commissions (SHRCs) on 18 th  September 2015 at New Delhi.

(c): The following important issues were discussed in the Conference:

- i) How to make NHRC and SHRCs stronger and effective?
2. ii)  Area  of  co-operation  and  coordination  between  NHRC  and SHRCs.

## LS.US.Q.NO.2666 FOR 15.12.2015

- iii)  Complaints  Management  System  and  inter-linking  of  NHRC and SHRCs and
- iv) Best practices in complaint handling and enquiry. Recommendations based on the discussions of the Conference of the NHRC and SHRCs are given as per Annexure.

National

- (d)  :  The  following  State  Human  Rights  Commissions  have  participated  in the said Conference:

Assam,  Andhra  Pradesh,  Bihar,  Goa,  Haryana,  Jharkhand,  Jammu  & Kashmir,  Kerala,  Karnataka,  Madhya  Pradesh,  Maharashtra,  Meghalaya, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Uttar Pradesh, Uttarakhand and West Bengal.

(e): As per the information received from NHRC, the following States  have set  up  State  Human  Rights  Commissions  (SHRCs).  (1)Andhra  Pradesh, (2)Assam, (3)Bihar, (4)Chattisgarh (5)Goa, (6)Gujarat, (7)Haryana, (8)Himachal Pradesh, (9)Jammu & Kashmir, (10)Jharkhand, (11)Karnataka, (12)Kerala, (13)Madhya Pradesh, (14)Maharashtra, (15)Manipur, (16)Meghalaya, (17)Odisha, (18)Punjab, (19)Rajasthan, (20)Sikkim, (21)Tamil Nadu,  (22)Telengana  (23)Uttar  Pradesh,  (24)Uttarakhand  and  (25)West Bengal.

Constitution of State Human Rights Commission in Meghalaya has been notified  but  the  appointment  of  Chairperson  and  Members  has  not  been made so far.

Andhra  Pradesh  and  Telengana  are  having  a  combined  State  Human Rights Commission.

As per Section 21 of the Protection of Human Rights Act,  1993, it is for the  State  Government to take action for setting  up  of State  Human Rights Commission.    However,  the  National  Human  Rights  Commission  has  from time  to  time  requested  the  State  Governments  to  establish  SHRCs  at  an early  date  and  the  Central  Government  has  also  regularly  written  to  the States concerned to expedite the setting up of SHRCs.

*****

## Information in respect of part (c) of the Lok Sabha Unstarred Q.No. 2666 to be answered on 15.12.2015

The  following  recommendations  based  on  the  discussions  of the National Conference of the National Human Rights Commission and  State  Human  Rights  Commissions  has  been  made  in  the Conference held on 18.09.2015.

## Amendments to the Protection of Human Rights Act, 1993

- i) Amendment  to  Section  21  of  the  PHR  Act  for  including Chairperson  of  State  Commissions  for  Minorities,  Scheduled Castes, Scheduled Tribes, Women & Child Rights to be deemed
2. Member of SHRCs on the line of Section 3 of the PHR Act.
- 2)    To  amend  the  Act  in  order  to  include  Chairperson,  National Commission  for  Protection  of  Child  Rights  (NCPCR)  as  a deemed Member of the Commission under Section 3(3) of the PHR Act.
- 3)  To amend Section 21 of the PHR Act for inclusion of provision for constitution of SHRCs in Union Territories.
- 4)  To  amend  Section  18  of  the  PHR  Act  and  incorporate  words 'direct' and 'directions' instead of 'recommend' and
6. 'recommendations'.
- 5)  To increase the number of Members in the SHRCs by amending
8. Section 21 of the PHR Act.

## Functional and Financial Autonomy

- 1) To  ensure  that  SHRCs  are  provided  adequate  funds  to  carry out their mandate by the concerned State Governments.
- 2) Vacancies  of  Chairperson,  Members,  Secretaries  and  other vacant  posts  in  SHRCs  should  be  filled  up  at  the  earliest  to make them fully functional.

## Complaint Management System and Inter-linking of NHRC & SHRCs

- 1) Information  regarding  cases  should  be  shared  seamlessly between  NHRC  and  SHRCs  to  avoid  duplication  of  work  and delay in disposal of cases.
- 2) Local  NIC  shall  be  mobilized  in  every  State  for  ensuring  the setting up of the required ICT infrastructure and implementation of Complaint Management System.
- 3) A  Committee  shall  be  constituted  consisting  of  Members, SHRCs  along  with  Technical  Director,  NIC  to  design  the template to be used in Complaint Management System (CMS) covering all aspects including letters, reports etc.

- 4)

## LS.US.Q.NO.2666 FOR 15.12.2015

- Flow of information shall be both way.
- 5) Web-based CMS should be completed by NIC within one week and HRC net should be ready by 10.12.2015.
- 6)
- There should be similar pattern/format for CMS.

## Regular Interaction between NHRC and SHRCs

- 1) To  promote  greater  synergy  between  NRHC  and  SHRC.    The NHRC  must  involve  the  concerned  SHRC  during  its  visit  to various States for awareness and training programme.
- 2) There should be a mechanism in place for periodic training of officers and staff of NHRC and SHRCs on human rights issues.

## Complaint Handling and Enquiry

- 1) To avoid unnecessary delay in the complaint handling, public should  be  sensitized  about  regulation  9  of  NHRC  Regulation
2. and Section 12 and 36 of PHR Act, 1993.
- 2) All  cases  should  be  heard  in  a  regular  manner,  as  there  are numerous  cases  pending  for  long  time.    No  case  should  go obscure.  Public hearing should be conducted on regular basis for swift and fair justice.
- 3) Handbook on the spot enquiries by NHRC to be distributed to
5. all the SHRCs.
- 4) To set up Facilitation Centre in all the SHRCs on the lines of
7. Facilitation Centre in NHRC.
- 5) During  investigation  process,  the  Human  Rights  Commission should rope in experts from multi-disciplinary backgrounds for better knowledge as per demand of the cases.

## Sensitization Of Judiciary On Human Rights Issue

- 1) NHRC  and  SHRCs  should  organize  awareness  generation programmes  for  Members  of  Judiciary  in  collaboration  with National and State Judicial Academy.

## Miscellaneous

- 1) SHRCs  may  be  considered  for  participation  in  International
2. Conference/Seminars.
- 2) NHRC and SHRCs should collaborate with NGOs having good
4. record and reputation.
- 3) SHRCs should take up the issue of the misuse of the name and logo  of  the  NHRC/SHRC  by  NGOs  to mislead  innocent  people with the concerned State Governments.

------