The Protection of Human Rights (Amendment) Bill, 2019 |The LexSphere Library

SECTION Section 1

Untitled Section

•THE PROTECTION OF HUMAN RIGHTS (AMENDMENT)

•BILL, 2019

•A

•BILL

•further to amend the Protection of Human Rights Act, 1993.

•BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

SECTION Section 10

Untitled Section

4.The Protection of Human Rights (Amendment) Bill, 2019, inter alia, provides for—

(i)amendment of clause (a) of sub-section (2) of section 3 of the Act so as to

•provide that a person who has been a Judge of the Supreme Court is also made eligible

•to be appointed as Chairperson of the Commission in addition to the person who has

•been the Chief Justice of India;

•(ii) amendment of clause (d) of sub-section (2) of section 3 of the Act to increase

•the Members of the Commission from two to three of which, one shall be a woman;

•(iii) amendment of sub-section ( 3) of section 3 of the Act so as to include

•Chairperson of the National Commission for Backward Classes, Chairperson of the

•National Commission for Protection of Child Rights and the Chief Commissioner for

•Persons with Disabilities as deemed Members of the Commission;

•(iv) amendment of sub-sections ( 1) and ( 2) of section 6 and sub-sections ( 1)

•and (2) of section 24 of the Act so as to reduce the term of the Chairperson and

•Members of the Commission and the State Commissions from five to three years and

•shall be eligible for re-appointment;

(v)amendment of section 21 of the Act so as to provide that a person who has

•been a Judge of a High Court is also made eligible to be appointed as Chairperson of

•the State Commission in addition to the person who has been the Chief Justice of the

•High Court; and

•(vi) insertion of new sub-sections (7) and (8) in section 21 of the Act so as to

•confer upon State Commissions the functions relating to human rights being discharged

•by the Union territories, other than the Union territory of Delhi, which will be dealt

•with by the Commission.

SECTION Section 11

Untitled Section

5.The Bill seeks to achieve the above objectives.

•N

•EW DELHI; AMIT SHAH.

•The 27th June, 2019.

•4

•FINANCIAL MEMORANDUM

•Item (ii) of sub-clause (a) of clause 3 of the Bill provides for increasing one Member of

•the National Human Rights Commission. In addition to this, for the office of Member, one

•post each of Principal Private Secretary, Personal Assistant, Staff Car Driver and three posts

•of Multi-Tasking Staff would be created. The expenditure during the initial year for the

•creation of one post of Member along with the staff for the office of such Member is

•estimated to be approximately two crore rupees which will mainly be of a recurring nature.

SECTION Section 12

Untitled Section

2.The Bill does not involve any other expenditure of a recurring or non-recurring

nature.

•5

•ANNEXURE

•EXTRACTS FROM THE PROTECTION OF HUMAN RIGHTS ACT, 1993

•(10 OF 1994)

•* * * * *

SECTION Section 13

Untitled Section

•CHAPTER II

•THE NA TIONAL HUMAN RIGHTS COMMISSION

SECTION Section 14

Untitled Section

3.(1) * * * * *

(2)The Commission shall consist of—

(a)a Chairperson who has been a Chief Justice of the Supreme Court;

•* * * * *

(d)two Members to be appointed from amongst persons having knowledge of,

•or practical experience in, matters relating to human rights.

•* * * * *

(3)The Chairpersons of the National Commission for Minorities, the National

•Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes

•and the National Commission for Women shall be deemed to be Members of the Commission

•for the discharge of functions specified in clauses (b) to (j) of section 12.

(4)There shall be a Secretary-General who shall be the Chief Executive Officer of the

•Commission and shall exercise such powers and discharge such functions of the Commission

•(except judicial functions and the power to make regulations under section 40B) as may be

•delegated to him by the Commission or the Chairperson, as the case may be.

•* * * * *

SECTION Section 15

Untitled Section

6.(1) A person appointed as Chairperson shall hold office for a term of five years from

•the date on which he enters upon his office or until he attains the age of seventy years,

•whichever is earlier.

(2)A person appointed as a Member shall hold office for a term of five years from the

•date on which he enters upon his office and shall be eligible for re-appointment for another

•term of five years:

•Provided that no Member shall hold office after he has attained the age of seventy

years.

•* * * * *

SECTION Section 16

Untitled Section

•CHAPTER V

•S

•TATE HUMAN RIGHTS COMMISSIONS

21.( 1)* * * * *

(2)The State Commission shall, with effect from such date as the State Government

•may by notification specify, consist of—

(a)a Chairperson who has been a Chief Justice of a High Court;

•* * * * *

•Constitution

•of a National

•Human Rights

Commission.

•Term of office

•of

•Chairperson

•and Members.

•Constitution

•of State

•Human Rights

Commission.

•6

•7

(3)There shall be a Secretary who shall be the Chief Executive Officer of the State

•Commission and shall exercise such powers and discharge such functions of the State

•Commission as it may delegate to him.

•* * * * *

SECTION Section 17

Untitled Section

24.(1) A person appointed as Chairperson shall hold office for a term of five years

•from the date on which he enters upon his office or until he attains the age of seventy years,

•whichever is earlier.

(2)A person appointed as a Member shall hold office for a term of five years from the

•date on which he enters upon his office and shall be eligible for re-appointment for another

•term of five years:

•Provided that no Member shall hold office after he has attained the age of seventy

years.

•* * * * *

•Term of office

•of Chairperson

•and Members

•of the State

Commission.

•MGIPMRND—1113LS(S3)—02.07.2019

•LOK SABHA

•————

•A

•BILL

•further to amend the Protection of Human Rights Act, 1993.

•————

•(Shri Amit Shah, Minister of Home Affairs)

SECTION Section 2

Untitled Section

1.(1) This Act may be called the Protection of Human Rights (Amendment) Act, 2019.

(2)It shall come into force on such date as the Central Government may, by notification

•in the Official Gazette, appoint.

SECTION Section 3

Untitled Section

2.In the Protection of Human Rights Act, 1993 (hereinafter referred to as the principal

•Act), in section 2, in sub-section (1),––

(i)after clause (b), the following clause shall be inserted, namely:–

•‘(ba) “Chief Commissioner” means the Chief Commissioner for Persons

•with Disabilities referred to in sub-section ( 1) of section 74 of the Rights of

•Persons with Disabilities Act, 2016;’;

•(ii) after clause (g), the following clause shall be inserted, namely:–

•‘(ga) “National Commission for Backward Classes” means the National

•Commission for Backward Classes constituted under section 3 of the National

•Commission for Backward Classes Act, 1993;’;

•Short title and

commencement.

•Amendment

•of section 2.

•10 of 1994.

•49 of 2016.

•27 of 1993.

•Bill No. 131 of 2019

•5

•10

•AS INTRODUCED IN LOK SABHA

•2

•(iii) after clause (h), the following clause shall be inserted, namely:—

•‘(ha) “National Commission for Protection of Child Rights” means the

•National Commission for Protection of Child Rights constituted under section 3

•of the Commissions for Protection of Child Rights Act, 2005;’.

SECTION Section 4

Untitled Section

3.In section 3 of the principal Act,—

(a)in sub-section (2),—

(i)in clause (a), for the words “Chief Justice”, the words “Chief Justice of

•India or a Judge” shall be substituted;

•(ii) in clause (d), for the words “two Members”, the words “three

•Members, out of which at least one shall be a woman,” shall be substituted;

(b)in sub-section (3),—

(i)for the words “the National Commission for Minorities”, the words

•“, the National Commission for Backward Classes, the National Commission for

•Minorities, the National Commission for Protection of Child Rights” shall be

•substituted;

•(ii) for the words “and the National Commission for Women”, the words

•“the National Commission for Women and the Chief Commissioner for Persons

•with Disabilities” shall be substituted;

(c)in sub-section (4), for the portion beginning with “shall exercise such powers

•and discharge such functions” and ending with “as the case may be”, the following

•shall be substituted, namely:—

•“shall, subject to control of the Chairperson, exercise all administrative

•and financial powers (except judicial functions and the power to make regulations

•under section 40 B).”.

SECTION Section 5

Untitled Section

4.In section 6 of the principal Act,—

(i)in sub-section (1),—

(a)for the words “five years”, the words “three years” shall be substituted;

(b)after the words “whichever is earlier” occurring at the end, the words

•“and shall be eligible for re-appointment” shall be inserted;

•(ii) in sub-section (2),—

(a)for the words “five years”, the words “three years” shall be substituted;

(b)the words “for another term of five years” shall be omitted.

SECTION Section 6

Untitled Section

5.In section 21 of the principal Act,—

(i)in sub-section ( 2), in clause ( a), for the words “Chief Justice”, the words

•“Chief Justice or a Judge” shall be substituted;

•(ii) in sub-section (3), for the words “shall exercise such powers and discharge

•such functions of the State Commission as it may delegate to him”, the words “shall,

•subject to control of the Chairperson, exercise all administrative and financial powers

•of the State Commission” shall be substituted;

•(iii) after sub-section (

•6), the following sub-sections shall be inserted, namely:—

•“(7) Subject to the provisions of section 12, the Central Government may,

•by order, confer upon the State Commission the functions relating to human

•rights being discharged by the Union territories, other than the Union territory

•of Delhi.

•4 of 2006.

•Amendment

•of section 6.

•Amendment

•of section 3.

•Amendment

•of section 21.

•5

•10

•15

•20

•25

•30

•35

•40

•3

(8)The functions relating to human rights in case of Union territory of

•Delhi shall be dealt with by the Commission.”.

SECTION Section 7

Untitled Section

6.In section 24 of the principal Act,—

(i)in sub-section (1),—

(a)for the words “five years”, the words “three years” shall be substituted;

(b)after the words “whichever is earlier” occurring at the end, the words

•“and shall be eligible for re-appointment” shall be inserted;

•(ii) in sub-section (2),––

(a)for the words “five years”, the words “three years” shall be substituted;

(b)the words “for another term of five years” occurring at the end, shall

•be omitted.

•Amendment

•of section 24.

•5

•10

•STATEMENT OF OBJECTS AND REASONS

•The Protection of Human Rights Act, 1993 (the Act) was enacted to provide for the

•constitution of a National Human Rights Commission (the Commission), the State Human

•Rights Commission (the State Commission) and the Human Rights Courts for protection of

•human rights.

SECTION Section 8

Untitled Section

2.The National Human Rights Commission has proposed certain amendments to the

•Act to address the concerns raised by the Sub-Committee on Accreditation of the Global

•Alliance of National Human Rights Institutions on the re-accreditation status of the said

Commission.Besides this, certain State Governments have also proposed for amendment of

•the Act, as they have been facing difficulties in finding suitable candidates to the post of

•Chairperson of the respective State Commissions owing to the existing eligibility criteria to

•the said post.

SECTION Section 9

Untitled Section

3.In view of the above, it has become necessary to amend certain provisions of the

•said Act. The proposed amendments will enable both the Commission as well as the State

•Commissions to be more compliant with the Paris Principles concerning its autonomy,

•independence, pluralism and wide-ranging functions in order to effectively protect and

•promote human rights.