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2015 Supreme(SC) 1603
SUPREME COURT OF INDIA
MADAN B. LOKUR, UDAY UMESH LALIT, JJ.
Dalit Manavadhikar Kendra Samiti - Petitioner
Versus
State of Rajasthan & Ors. - Respondents
Writ Petition(s)(Criminal) No. 122 of 2013
Decided On : 18-09-2015
For the Petitioners: Mr. Colin Gonsalves, Sr. Adv., Ms. Divya Sunderajan, Adv., Ms. Jyoti Mendiratta, AOR.
For the Respondents-State:Mr. S.S. Shamshery, AAG, Ms. Preeti Bhardwaj, Adv., Mr. Ishu Prayash, Adv., Ms. Ruchi Kohli, AOR RSHRC, Mr. Mahabir Singh, Sr. Adv., Mr. Nikhil Jain, AOR, Ms. Preeti Singh, Adv., Mr. Abhishek Jain, Advocate.
Upholding the provisions of the Protection of Human Rights Act, 1993 and ensuring the effective functioning of human rights institutions.
Headnote:
Human Rights - State of Rajasthan - The court expressed distress over the non-appointment of the Chairperson of the Rajasthan State Human Rights Commission and the failure to set up Human Rights Courts, emphasizing the importance of upholding the Protection of Human Rights Act, 1993.
Fact of the Case:
The court noted the absence of the Chairperson of the Rajasthan State Human Rights Commission for over five years and the failure to set up Human Rights Courts, leading to a staff shortage and unaddressed vacancies.
Finding of the Court:
The court expressed distress over the state of human rights in Rajasthan and directed the State of Rajasthan to provide positive instructions within a specified time frame to remedy the deficiencies highlighted in the affidavits.
Issues: Non-appointment of the Chairperson of the Rajasthan State Human Rights Commission, failure to set up Human Rights Courts, staff shortage, and unaddressed vacancies.
Ratio Decidendi: The court emphasized the importance of upholding the Protection of Human Rights Act, 1993 and directed the State of Rajasthan to take immediate steps to remedy the deficiencies in the human rights infrastructure.
Final Decision: The matter was listed for further proceedings on 6th November, 2015.
JUDGMENT :
1. We have gone through the affidavits filed by the State of Rajasthan as well as the Rajasthan State Human Rights Commission.
2. We have also heard learned counsel for the parties.
3. We are distressed to Note that the Rajasthan State Human Rights Commission has been Without the services of the Chairperson since 16th July, 2010, i.e., for the last more than five years. This is totally unacceptable and in a sense subverts the Protection of Human Rights Act, 1993 (for short "the Act"). We also find that Human Rights Courts that are required to be set up under Section 30 of the Act have apparently Not been set up. In any event, there is No mention of the setting up of these courts in the affidavit filed by the State of Rajasthan.
4. Learned counsel for the State of Rajasthan says that he will check up the position and let us know the progress made and the steps taken in the appointment of the Chairperson of the Rajasthan State Human Rights Commission and for setting up of Human Rights Courts.
5. The affidavit of the Rajasthan State Human Rights Commission indicates that there is a tremendous staff shortage and in spite of several letters having been sent to the State Government, No steps have been taken to fill up the vacancies and the draft recruitment rules sent to the State Government have also not been finalised by the State Government.
6. This is an extremely sad state of affairs insofar as human rights in Rajasthan are concerned.
7. Learned counsel for the State of Rajasthan says that he will get positive instructions indicating a time frame Within which all the deficiencies that have been pointed out Not only in the affidavit filed by the State of Rajasthan but also in the affidavit by the Rajasthan State Human Rights Commission will be remedied and will file an affidavit Within four weeks. We make it clear that time to file an affidavit will Not be extended except on payment of heavy costs.
8. List the matter on 6th November, 2015.
