Executive Summary:
The Protection of Human Rights Amendment Act, 2019, was assented to by the President on July 27, 2019, and amends the Protection of Human Rights Act, 1993. The Act modifies the composition and terms of office for the National Human Rights Commission and State Human Rights Commissions, and includes provisions for handling human rights in Union territories. The Act will come into force on a date to be specified by the Central Government via official notification.
Key Points / Main Content:
Amendments to Definitions (Section 2):
* Adds definitions for "Chief Commissioner for Persons with Disabilities," "National Commission for Backward Classes," and "National Commission for Protection of Child Rights."
Amendments to Section 3:
* NHRC Composition: Substitutes "Chief Justice" with "Chief Justice of India or a Judge".
* Increases the number of Members from two to three, with at least one woman.
* Adds the National Commission for Backward Classes and the National Commission for Protection of Child Rights.
* Adds the Chief Commissioner for Persons with Disabilities.
* The Chairperson controls administrative and financial powers, except judicial functions and the power to make regulations.
Amendments to Section 6:
* Reduces the term of office from five years to three years.
* Allows for reappointment.
* Removes the provision for a second term of five years.
Amendments to Section 21:
* State Commission Composition: Substitutes "Chief Justice" with "Chief Justice or a Judge".
* Chairperson controls administrative and financial powers of the State Commission.
* The Central Government may confer functions relating to human rights being discharged by the Union territories, other than the Union territory of Delhi, upon the State Commission.
* The Commission deals with the functions relating to human rights in case of Union territory of Delhi.
Amendments to Section 24:
* Reduces the term of office from five years to three years.
* Allows for reappointment.
* Removes the provision for a second term of five years.
Impact Analysis:
Central Government:
* Impact: The Central Government is responsible for notifying the date on which the Act comes into force. It is also responsible for conferring powers to State Commissions for Union Territories other than Delhi.
* Action Required: Issue the notification for the commencement date and determine the functions to be conferred upon State Commissions.
National Human Rights Commission (NHRC):
* Impact: The NHRC's composition, powers, and functions are altered, including changes to member eligibility and administrative control.
* Action Required: Adjust internal procedures and operations to reflect the changes in membership, terms, and powers.
State Human Rights Commissions:
* Impact: The State Human Rights Commissions' composition, powers, functions, and administrative control are altered. Also, some may have new responsibilities related to Union territories.
* Action Required: Adjust internal procedures and operations to reflect the changes in membership, terms, powers and responsibilities.
Chief Commissioner for Persons with Disabilities, National Commission for Backward Classes, and National Commission for Protection of Child Rights:
* Impact: Inclusion in the NHRC composition.
* Action Required: Participate in the NHRC as required by the amended Act.
Key Entities Referenced
The Protection of Human Rights Amendment Act, 2019: An Act further to amend the Protection of Human Rights Act, 1993.
Protection of Human Rights Act, 1993: The principal Act that the Protection of Human Rights Amendment Act, 2019 amends.
Parliament: The legislative body that enacted the Protection of Human Rights Amendment Act, 2019.
Chief Commissioner for Persons with Disabilities: An entity referred to in subsection 1 of section 74 of the Rights of Persons with Disabilities Act, 2016.
Rights of Persons with Disabilities Act, 2016: Act which contains provisions for the Chief Commissioner for Persons with Disabilities.
National Commission for Backward Classes: The commission constituted under section 3 of the National Commission for Backward Classes Act, 1993.
National Commission for Backward Classes Act, 1993: Act which constitutes provisions for the National Commission for Backward Classes
National Commission for Protection of Child Rights: The commission constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 27th July, 2019/Shravana 5, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
27th July, 2019, and is hereby published for general information:—
THE PROTECTION OF HUMAN RIGHTS (AMENDMENT)
ACT, 2019
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. (1) This Act may be called the Protection of Human Rights (Amendment) Act, 2019. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
10 of 1994. 2. In the Protection of Human Rights Act, 1993 (hereinafter referred to as the principal Amendment
Act), in section 2, in sub-section (1),–– of section 2.
(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
49 of 2016. Persons with Disabilities Act, 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
27 of 1993. Commission for Backward Classes Act, 1993;’;2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(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.
Amendment 3. In section 3 of the principal Act,—
of section 3.
(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).”.
Amendment 4. In section 6 of the principal Act,—
of section 6.
(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.
Amendment 5. In section 21 of the principal Act,—
of section 21.
(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.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(8) The functions relating to human rights in case of Union territory of
Delhi shall be dealt with by the Commission.”.
6. In section 24 of the principal Act,— Amendment
of section 24.
(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.
————
DR. REETA VASISHTA,
Additional Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—2154GI(S3)—27-07-2019.