NHRC, not J&K body, to deal with human rights cases: J&K Administration to Supreme Court

New Delhi, March 19

The National Human Rights Commission (NHRC), not the State Human Rights Commission, would be the appropriate statutory panel to deal with human rights issues in J&K because of its status as a Union Territory, the administration has told the Supreme Court.

Hearing on March 24

Solicitor General tells SC that the state laws, which had led to setting up of such commissions, had already been repealed and some new panels were set up under central laws after the nullification of Article 370. The matter is to be heard next on March 24.

Solicitor General Tushar Mehta told a Bench led by Chief Justice of India DY Chandrachud that the state laws, which had led to setting up of such commissions, had already been repealed and some new panels were set up under central laws after the nullification of Article 370.

During a hearing on a PIL alleging non-functional statutory panels after it became a UT, Mehta said that like other UTs, central panels would cater to J&K as well.

The Bench said such panels must evolve mechanisms to ensure access to the citizens belonging to the UT and posted the matter for further hearing on March 24. During the pandemic, bodies like the CIC started hearing matters relating to the Right to Information Act through virtual mode as well, the law officer said.

Terming it misconceived, the administration sought dismissal of the PIL. The administration’s affidavit stated that commissions, such as State Human Rights Commission, State Commission for Protection of Women and Child Rights, State Commissioner for Persons with Disabilities, State Information Commission, State Consumer Disputes Redressal Commission, State Electricity Regulatory Commission and State Accountability Commission, which were functioning under the state laws, now stood repealed.

The affidavit mentioned that the “Lieutenant Governor had been pleased to notify the Jammu and Kashmir Commission for Protection of Child Rights on December 16, 2022”. On the issue of State Commissioner for Persons with Disabilities, it said that the administration had appointed Md Iqbal Lone as the commissioner for a period of three years on September 28, 2022.