SRINAGAR: The Jammu Kashmir Legislative Assembly on Tuesday witnessed a spirited debate after MLA Nizamuddin Bhat moved a Private Member’s Bill seeking the establishment of an independent institution for merchandising and monitoring human rights in the Union Territory. The bill was later withdrawn following clarification from the Chief Minister that such a body cannot be constituted under the current Union Territory framework.
Presenting the bill, Bhat argued that Jammu Kashmir urgently required a dedicated human rights commission to address growing grievances and ensure justice without bias. “The credibility of both the State and National Human Rights Commissions has often been questioned because they function under the government. Law-enforcing agencies sometimes cause stress and fear among citizens. We need a legislative forum for human rights that acts independently and restores people’s faith,” Bhat said, describing his proposal as an “enabling law” that would complement the national framework.
Responding to the motion, the Chief Minister acknowledged the concerns raised but explained that existing legal constraints prevent the establishment of a separate human rights body in Jammu Kashmir. “Before 2019, we had our own State Human Rights Commission which functioned effectively. However, after our status was changed to a Union Territory, several laws were repealed, and this commission was among them,” the Chief Minister said.
He clarified that under the present arrangement, human rights issues in Jammu and Kashmir fall under the jurisdiction of the National Human Rights Commission (NHRC). “As a Union Territory, we cannot have a separate human rights institution. Section 35 of the Jammu and Kashmir Reorganisation Act, 2019, does not permit the Legislative Assembly to enact such a law. Once statehood is restored, all institutions, including the State Human Rights Commission, will be revived,” the Chief Minister assured.
Bhat reiterated the urgent need for an independent mechanism but ultimately decided to withdraw his bill. “I hope that when statehood is restored, the government will act swiftly to reconstitute the Human Rights Commission so that victims of violations may find a platform for justice,” he said before formally retracting the proposal.
