PROTECTION OF HUMAN RIGHTS
(AMENDMENT) ACT, 2019 THE
PROTECTION OF HUMAN RIGHTS (AMENDMENT) ACT, 2019 [Act
No. 19 of 2019] [27th
July, 2019] An Act further to amend the Protection
of Human Rights Act, 1993. Be it enacted by Parliament in the
Seventieth Year of the Republic of India as follows:-- (1) This Act may be
called the Protection of Human Rights (Amendment) Act, 2019. (2) It shall come into
force on such [1]date
as the Central Government may, by notification in the Official Gazette,
appoint. In the Protection of Human Rights Act,
1993 (10 of 1994) (hereinafter referred to as the principal Act), in section
2, in sub-section (1),-- (i) after clause (b), the
following clause shall be inserted, namely:-- '(ba) "Chief Commissioner"
means the Chief Commissioner for Persons with Disabilities referred to in
sub-section (1) of section 74 of the Rights of Persons with
Disabilities Act, 2016 (49 of 2016);'; (ii) after clause (g), the
following clause shall be inserted, namely:-- '(ga) "National Commission for
Backward Classes" means the National Commission for Backward Classes
constituted under section 3 of the National Commission for Backward
Classes Act, 1993 (27 of 1993);'; (iii) after clause (h), the
following clause shall be inserted, namely:-- '(ha) "National Commission for
Protection of Child Rights" means the National Commission for Protection
of Child Rights constituted under section 3 of the Commissions for
Protection of Child Rights Act, 2005 (4 of 2006);'. In section 3 of the principal
Act,-- (a) in sub-section (2),-- (i) in clause (a), for
the words "Chief Justice", the words "Chief Justice of India or
a Judge" shall be substituted; (ii) in clause (d), for
the words "two Members", the words "three Members, out of which
at least one shall be a woman," shall be substituted; (b) in sub-section (3),-- (i) for the words
"the National Commission for Minorities", the words, "the
National Commission for Backward Classes, the National Commission for
Minorities, the National Commission for Protection of Child Rights" shall
be substituted; (ii) for the words
"and the National Commission for Women", the words "the National
Commission for Women and the Chief Commissioner for Persons with
Disabilities" shall be substituted; (c) in sub-section (4),
for the portion beginning with "shall exercise such powers and discharge
such functions" and ending with "as the case may be", the
following shall be substituted, namely:-- "shall, subject to control of the
Chairperson, exercise all administrative and financial powers (except judicial
functions and the power to make regulations under section 40B).". In section 6 of the principal
Act,-- (i) in sub-section (1),-- ? (a) for the words
"five years", the words "three years" shall be substituted; (b) after the words
"whichever is earlier" occurring at the end, the words "and
shall be eligible for re-appointment" shall be inserted; (ii) in sub-section (2),-- (a) for the words
"five years", the words "three years" shall be substituted; (b) the words "for
another term of five years" shall be omitted. In section 21 of the principal
Act,-- (i) in sub-section (2),
in clause (a), for the words "Chief Justice", the words "Chief
Justice or a Judge" shall be substituted; (ii) in sub-section (3),
for the words "shall exercise such powers and discharge such functions of
the State Commission as it may delegate to him", the words "shall,
subject to control of the Chairperson, exercise all administrative and
financial powers of the State Commission" shall be substituted; (iii) after sub-section
(6), the following sub-sections shall be inserted, namely:-- "(7) ?Subject to the provisions of section 12, the
Central Government may, by order, confer upon the State Commission the
functions relating to human rights being discharged by the Union territories,
other than the Union territory of Delhi. (8) ??The functions relating to human rights in
case of Union territory of Delhi shall be dealt with by the Commission.". In section 24 of the
principal Act,-- (i) in sub-section (1),-- (a) for the words
"five years", the words "three years" shall be substituted; (b) after the words
"whichever is earlier" occurring at the end, the words "and
shall be eligible for re-appointment" shall be inserted; (ii) in sub-section (2),-- (a) for the words
"five years", the words "three years" shall be substituted; (b) the words "for
another term of five years" occurring at the end, shall be omitted. Statement of Objects
and Reasons - PROTECTION OF HUMAN RIGHTS (AMENDMENT) ACT, 2019 STATEMENT
OF OBJECTS AND REASONS (a) The Protection of
Human Rights Act, 1993 (the Act) was enacted to provide for the constitution of
a National Human Rights Commission (the Commission), the State Human Rights
Commission (the State Commission) and the Human Rights Courts for protection of
human rights. (b) The National Human
Rights Commission has proposed certain amendments to the Act to address the
concerns raised by the Sub-Committee on Accreditation of the Global Alliance of
National Human Rights Institutions on the re-accreditation status of the said
Commission. Besides this, certain State Governments have also proposed for
amendment of the Act, as they have been facing difficulties in finding suitable
candidates to the post of Chairperson of the respective State Commissions owing
to the existing eligibility criteria to the said post. (c) In view of the above,
it has become necessary to amend certain provisions of the said Act. The
proposed amendments will enable both the Commission as well as the State
Commissions to be more compliant with the Paris Principles concerning its
autonomy, independence, pluralism and wide-ranging functions in order to
effectively protect and promote human rights. (d) The Protection of
Human Rights (Amendment) Bill, 2019, inter alia, provides for? (i) amendment of clause
(a) of sub-section (2) of section 3 of the Act so as to provide that
a person who has been a Judge of the Supreme Court is also made eligible to be
appointed as Chairperson of the Commission in addition to the person who has
been the Chief Justice of India; (ii) amendment of clause
(d) of sub-section (2) of section 3 of the Act to increase the
Members of the Commission from two to three of which, one shall be a woman; (iii) amendment of
sub-section (3) of section 3 of the Act so as to include Chairperson
of the National Commission for Backward Classes, Chairperson of the National
Commission for Protection of Child Rights and the Chief Commissioner for
Persons with Disabilities as deemed Members of the Commission; (iv) amendment of
sub-sections (1) and (2) of section 6 and sub-sections (1) and (2) of section
24 of the Act so as to reduce the term of the Chairperson and Members of
the Commission and the State Commissions from five to three years and shall be
eligible for re-appointment; (v) amendment
of section 21 of the Act so as to provide that a person who has been
a Judge of a High Court is also made eligible to be appointed as Chairperson of
the State Commission in addition to the person who has been the Chief Justice
of the High Court; and (vi) insertion of new
sub-sections (7) and (8) in section 21 of the Act so as to confer
upon State Commissions the functions relating to human rights being discharged
by the Union territories, other than the Union territory of Delhi, which will
be dealt with by the Commission. (e) The Bill seeks to
achieve the above objectives.
Preamble - PROTECTION OF HUMAN RIGHTS (AMENDMENT) ACT, 2019PREAMBLE