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Sakkcham Singh Parmaar, 16 September 2024 (Haryana): India’s leading human rights organization, which is supposed to have a chairperson and five full-time members, currently includes only one female member. The global human rights body has postponed the NHRC’s accreditation for the second consecutive year.

India’s National Human Rights Commission (NHRC), which is supposed to have a chairperson and five full-time members, currently operates with only one full-time member. Vijayabharathi Sayani, who was appointed as the acting chairperson on June 5, is now the sole full-time member since the retirement of former Supreme Court Justice Arun Mishra on June 1. Sayani is also the Commission’s only woman member.

The NHRC’s vacancy has led to concerns about its effectiveness and credibility. Human rights groups have raised alarms about the delay in appointing new members, warning that it could damage India’s international reputation. The NHRC’s accreditation by the Geneva-based Global Alliance of National Human Rights Institutions (GANHRI) has been deferred for the second consecutive year, with issues cited including a lack of transparency and inadequate gender and minority representation.

Vijayabharathi Sayani

Amnesty International has criticized the Indian government for its failure to complete the recruitment process for NHRC members and the delay in appointing a new chairperson. Aakar Patel, chair of Amnesty International India’s board, argues that the delays symbolize a broader reluctance to address human rights violations and uphold transparency.

The U.S. State Department’s 2023 human rights report highlighted various abuses in India, including extrajudicial killings, enforced disappearances, and violence against minorities. Human Rights Watch’s Meenakshi Ganguly emphasized the need for the NHRC to be both independent and properly resourced.

The NHRC chairperson’s role, traditionally held by a retired Chief Justice of India (CJI), was opened to any Supreme Court judge following an amendment in 2019. Justice Mishra was the first Supreme Court judge to serve in this role, a change made to address reluctance among CJIs to join the Commission post-retirement.

Historically, delays in appointing NHRC chiefs have been recurrent. The gaps between the terms of recent NHRC chairpersons have often exceeded six months, highlighting a pattern of inefficiency.

In response to ongoing issues, the Supreme Court is reviewing a plea alleging the Union government’s sluggish approach to filling NHRC vacancies. A Bench led by Chief Justice D.Y. Chandrachud is set to examine the matter further, as the NHRC continues to function without a full complement of members.

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