NEW DELHI: The Supreme Court on Monday sought responses from the Centre, the National Human Rights Commission (NHRC), and all state governments on a PIL alleging that several State Human Rights Commissions (SHRCs) are understaffed, defunct, or have vacant leadership positions.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana issued notices after taking note of a petition filed by the Association of Retired Judges of the Supreme Court and High Courts of India through advocate Srishti Agnihotri.
The petition, filed on September 21, has sought time-bound directions to the States to fill vacancies in the posts of chairpersons and members of SHRCs in accordance with Section 21 of the Protection of Human Rights Act, 1993, and the Supreme Court's directions in the case of DK Basu vs State of West Bengal.
"Issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondent Nos. 3 to 30, to forthwith fill all subsisting vacancies in the posts of chairperson and members of their respective State Human Rights Commissions, in strict compliance with Section 21 of the Protection of Human Rights Act, 1993 and this court's directions in DK Basu vs State of West Bengal, within a time-bound period to be fixed by this court," the plea said.
The plea specifically alleges that the SHRCs in Andhra Pradesh, Arunachal Pradesh and Jharkhand are currently defunct, and seeks directions for their immediate reconstitution, including the appointment of chairpersons, members and secretaries. It highlighted how the SHRCs in Chhattisgarh, Madhya Pradesh, and Meghalaya have functioned under prolonged arrangements involving acting chairpersons. The association has sought substantive appointments to these positions within a fixed timeframe.
The petition further seeks directions to all states to provide SHRCs with the administrative, investigative and technical infrastructure mandated under the law, including adequate secretarial and police/investigative staff.
The petitioner has sought a direction that complaints under Section 13(6) of the Act should not be transferred to commissions without functioning chairpersons and members capable of dealing with such matters.
It has also sought details of cases allegedly transferred by the National Human Rights Commission of India (NHRC) to the defunct SHRCs of Andhra Pradesh, Arunachal Pradesh and Jharkhand.
The plea has further sought a continuing mandamus, requiring the States and the NHRC to submit periodic status reports to the Supreme Court until full compliance is achieved.
The association has also sought directions for SHRCs, particularly those in Andhra Pradesh, Arunachal Pradesh, Jharkhand, Manipur, Meghalaya, Telangana and Mizoram, to maintain functional, updated websites disclosing details of their constitution, staffing and functioning and place them before the respective State legislatures, as required under Section 28 of the 1993 Act.
"Issue a writ of mandamus or any other appropriate writ, order or direction, directing all Respondent States and their respective State Human Rights Commissions to publish their annual reports under Section 28 of the Act on their official websites and/or otherwise place them in the public domain and to cause the same to be laid before the State Legislature as mandated under Section 28(2)," it said.