Key Features of the Human Rights Act 2019

By Shikara Academy Hyderabad: This article is about National Human Rights Commission as part of the series that deals with Constitutional and Statutory bodies. The Protection of Human Rights (Amendment) Act, 2019:- Key Features of the Act:- Composition of NHRC: 1. Under the parent Act, the chairperson of the NHRC is a person who has […]

By Shikara Academy

Hyderabad: This article is about National Human Rights Commission as part of the series that deals with Constitutional and Statutory bodies.

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The Protection of Human Rights (Amendment) Act, 2019:-

Key Features of the Act:-

Composition of NHRC:

1. Under the parent Act, the chairperson of the NHRC is a person who has been a Chief Justice of the Supreme Court.

The amendment Act provides that a person who has been Chief Justice of the Supreme Court, or a Judge of the Supreme Court will be the chairperson of the NHRC.
2. The parent Act provides for two persons having knowledge of human rights to be appointed as members of the NHRC.

The amendment allows three members to be appointed, of which at least one will be a woman.

3. Under the parent Act, chairpersons of various commissions such as the National Commission for Scheduled Castes, National Commission for Scheduled Tribes, and National Commission for Women are members of the NHRC.

The amendment Act provides for including the chairpersons of the National Commission for Backward Classes, the National Commission for the Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities as members of the NHRC.

Chairperson of SHRC:

Under the parent Act, the chairperson of a SHRC is a person who has been a Chief Justice of a High Court.

The amendment Act provides that a person who has been Chief Justice or Judge of a High Court will be chairperson of a SHRC.

Term of office:

The parent Act states that the chairperson and members of the NHRC and SHRC will hold office for five years or till the age of seventy years, whichever is earlier.

The amendment Act reduces the term of office to three years or till the age of seventy years, whichever is earlier.

Further, the amendment Act allows for the reappointment of members of the NHRC and SHRCs for a period of five years. It removes the five-year limit for reappointment.

Powers of Secretary-General:

The parent Act provides for a Secretary-General of the NHRC and a Secretary of a SHRC, who exercise powers as may be delegated to them.

The amendment Act allows the Secretary-General and Secretary to exercise all administrative and financial powers (except judicial functions), subject to the respective chairperson’s control.

Union Territories:

The amendment Act provides that the central government may confer on a SHRC human rights functions being discharged by union Territories. Functions relating to human rights in the case of Delhi will be dealt with by the NHRC.

To be continued..

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