Headless SHRC: NHRC asks Government to Explain its Position




National Human Rights Commission New Delhi Friday directed Government of Jammu and Kashmir to explain its position on the dilly dally tactics adopted by it in appointing the Chairperson and members of State Human Rights Commission. The NHRC directed the state to file its report within six weeks.

The NHRC directions came after a human rights activist M M Shuja approached the Commission pleading that State Government is disinterested in make the SHRC functional in Jammu and Kashmir.

The complainant vide his complaint dated 09:05:2016 has stated that about 2500 complaints cases are pending for hearing and disposal in Jammu & Kashmir State Human Rights Commission which is completely non-functional since June, 2014 as all its members and the Acting Chairperson relinquished their offices upon completion of their term.

The complainant approached the higher authorities of the State Government, and also filed a Public Interest Litigation in the State High Court but no Members and Chairperson could be appointed despite directions of the High Court.

The complainant has alleged that the Government has failed to discharge its constitutional obligations causing prolong agony to the thousands of the complainants.

The complainant has prayed that the State Government of Jammu & Kashmir be asked to take immediate measures for reconstitution of the State Human Rights Commission and pending such reconstitution, the Government may empower any of the officers available in the Commission’s Office to conduct preliminary proceedings in the pending cases.

The NHRC in its observation noted that it is astonished to note that the J&K State Human Rights Commission is defunct for last 2 years due to laxity on the part of the State Government, causing gross violation of human rights of the victims.

“In addition to inquire a petition presented to it, this Commission has also mandate u/s 12 (d) of the Protection of Human Rights Act, 1993 to review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation. Therefore, the Chief Secretary, Government of Jammu & Kashmir as well as the Secretary, Ministry of Home Affairs, Government of India, New Delhi are asked to submit a detailed action taken report within six weeks.” (CNS)


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