• India
  • Dec 24

Former SC judge V. Ramasubramanian appointed new NHRC chief

• President Droupadi Murmu has appointed Justice V. Ramasubramanian (retd) as the chairperson of the National Human Rights Commission (NHRC).

• The post of NHRC chairperson had been lying vacant since Justice (retd) Arun Kumar Mishra completed his tenure on June 1.

• Mishra served as the eighth chairperson of the rights panel and was appointed to its top post in June 2021.

• Mishra, a former Supreme Court judge, was also the first non-CJI to be appointed to the NHRC chief post since the amendment of the Protection of Human Rights Act in 2019. He had succeeded former Chief Justice of India H.L. Dattu.

• Vijaya Bharathi Sayani, a member of NHRC, had become its acting chairperson with effect from June 2 after Mishra had demitted office. 

• On December 18, a high-powered committee led by Prime Minister Narendra Modi held a meeting to select the next chairperson of the NHRC.

• A former Chief Justice of India or a retired judge of the top court are appointed as NHRC chairperson by the President on the recommendation of the selection committee.

• Priyank Kanoongo and Dr. Justice Bidyut Ranjan Sarangi (retd) are appointed as the members of the NHRC.

• Kanoongo earlier served as a chairperson of the National Commission for Protection of Child Rights (NCPCR).

Who is Justice (retd) V. Ramasubramanian?

• V. Ramasubramanian was born on June 30, 1958. He graduated in chemistry from Ramakrishna Mission, Vivekananda College, Chennai and then studied Law in the Madras Law College. 

• He enrolled as a member of the Bar on February 16, 1983 and practiced for about 23 years in the High Court of Madras. 

• On July 31, 2006, he was appointed as an additional judge of the Madras High Court and as a permanent judge on November 9, 2009. 

• In 2016, he was transferred on his own request to the High Court of Judicature at Hyderabad for the states of Telangana and Andhra Pradesh. 

• After the bifurcation and the creation of a separate High Court for Andhra Pradesh in 2019, he was retained as a judge of the High Court of Telangana at Hyderabad. 

• He was sworn in as the Chief Justice of Himachal Pradesh High Court on June 22, 2019.

• On September 23, 2019, he was appointed as judge of the Supreme Court of India.

National Human Rights Commission (NHRC) 

• The National Human Rights Commission (NHRC) was established on October 12, 1993. 

• The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993, as amended by the Protection of Human Rights (Amendment) Act, 2006.

• It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of December, 20, 1993.

• The NHRC takes cognisance of human rights violations, conducts enquiries and recommends compensation to victims from public authorities besides other remedial and legal measures against the erring public servants.

• The Commission consists of a chairperson, five full-time members and seven deemed members. The statute lays down qualifications for the appointment of the chairperson and members of the commission.

• The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.

• Section 2(1)(d) of the PHRA defines human rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

• The Commission is responsible for spreading human rights awareness amongst the masses and encouraging the efforts of all stakeholders in the field of human rights literacy.

Functions of NHRC:

The Commission has a wide mandate including civil and political rights, economic, social and cultural rights, and group rights.

Section 12 lays down that the Commission shall perform all or any of the following functions, namely:

• Inquiring, suo motu, or on petitions, presented to it by victims, or any persons on their behalf, or on a direction or order of any court, into complaints of violation of human rights or abetment thereof, or negligence in the prevention of such violation, by a public servant.

• Intervening in any proceeding involving any allegation of violation of human rights pending before a court, with the approval of such courts.

• Visiting, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the state government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and making recommendations.

• Reviewing the safeguards provided by, or under, the Constitution, or any law for the time being in force, for the protection of human rights, and recommending measures for their effective implementation. 

• Reviewing the factors, including acts of terrorism, that inhibits the enjoyment of human rights, and recommending appropriate remedial measures.

• Studying treaties and other international instruments on human rights, and making recommendations for their effective implementation.

• Undertaking and promoting research in the field of human rights.

• Spreading human rights literacy amongst various sections of society, and promoting awareness of the safeguards available for the protection of these rights, through publications, the media, seminars and other available means.

• Encouraging the efforts of non-governmental organisations, and institutions working in the field of human rights.

• Undertaking such other functions as may be considered necessary for the promotion of human rights.

What powers have been vested with NHRC relating to inquiries?

The Commission while inquiring into complaints of violations of human rights may call for information or report from the central government or any state government or any other authority or organisation subordinate thereto within such time as may be specified by it.

While inquiring into complaints under the Act, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular the following, namely:

a) Summoning and enforcing the attendance of witnesses and examining them on oath.

b) Discovery and production of any document.

c) Receiving evidence on affidavits.

d) Requisitioning any public record or copy thereof from any court or office.

e) Issuing commissions for the examination of witnesses or documents.

f) Any other matter which may be prescribed.

The Commission has its own investigating staff headed by a Director General of Police for investigation into complaints of human rights violations.

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