2 key posts vacant, PSHRC functioning against all odds
Saurabh Malik
Chandigarh, March 6
The Punjab State Human Rights Commission is functioning against all odds following an unprecedented delay in filling vacancies. The position of the Chairperson has been lying vacant for 218 days, while a member’s post has not been filled for 440 days.
The over-burdened sole member is disposing more cases than filed and the fresh matters are now being listed promptly within two working days –– down from almost 90 earlier. Yet, no less than 10,694 cases are still pending due to the vacancies.
Available information suggests the disposal rate of cases is 34 per cent more than the cases filed –– commendable considering the fact that Justice Nirmaljit Kaur is currently the sole member. As many as 7,150 cases, including the ones pending for past several years, were disposed of from August 1, 2022, to February 28, 2023. In all, 5316 complaints were filed. The total pendency of cases, too, has come down by 1,834 cases from July 31 last year.
The decision to set up the Commission was taken by the state government vide notification dated March 17, 1997, under the Protection of Human Rights Act. It commenced functioning in July 1997. The workload increased with the function relating to the Union territory of Chandigarh being additionally conferred upon the statutory public body, vide the Union of India’s gazette notification dated August 5, 2021. Complying with the orders, the commission successfully started accepting human right violation complaints for Chandigarh, in addition to the State of Punjab, becoming the first state human rights commission to cover two territories.
Section 21 (2) of the Act makes it clear that the commission would comprise a chairperson, who has been a Chief Justice or a Judge of a High Court and a member who is, or has been, a High Court Judge or a District Judge in the State with a minimum seven years’ experience. Another member is to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
Section 22 of the Act makes it further clear the chairperson and the members are appointed by the Governor on the basis of the recommendations made by a committee comprising the Chief Minister as the chairperson, Speaker of the Legislative Assembly, Minister in-charge of the Department of Home in the State and Leader of the Opposition in the Legislative Assembly.
The commission’s total Bench strength is one chairperson and two members. But Member Avinash Kaur retired on December 21, 2021, followed by Chairperson Justice Iqbal Ahmed Ansari on July 31 last year. To make the matters worse, then Registrar’s post is vacant for last three year, while the Joint Registrar has not been appointed for the last two years. Other “essential” positions vacant for more than a year include Deputy Secretary and the Superintendent.
Sole member handling cases
The over-burdened sole member, Justice Nirmaljit Kaur, is disposing more cases than filed and the fresh matters are now being listed promptly within two working days — down from almost 90 earlier. Yet, no less than 10,694 cases are still pending following the vacancies.
