HP: HC writes to state govt to clarify its stand on Human Rights Commission, Lokayukta

Taking serious note of the inaction of the state government in the implementation of the Supreme Court's orders, the High Court directed that in the event of failure to file reply by the state government within a week, appropriate orders in the matter will be passed on the next date of hearing.

A division bench comprising Justice Dharam Chand Chaudhary and Justice Jyotsna Rewal Dua passed these orders on a petition filed by one Namita Maniktala.

It has been alleged in the petition that the protection of Human Rights Act 1993 mandates the creation of the State Human Rights Commission (HRC), but the state of Himachal Pradesh has failed to implement the mandate of the act and no appointments have been made to the commission since June 15, 2005 and no Human Rights Courts have been established.

The petitioner has further alleged that the Apex Court in D K Basu's case has directed the respondent state to make functional the State HRC within a period of six months from the date of the judgment passed in the year 2015, however, three years have passed but still the judgment has not been implemented and the commission has not been made functional.

She has alleged that the act of the state is not only illegal but also contemptuous and has prayed to direct the state to constitute the State HRC and make it functional by making the appointment of the chairpersons and members in accordance with the Section 21 of Protection of Human Rights Act.

She has further prayed to direct the state to initiate appropriate action under Section 30 of Protection of Human Rights Act for the constitution of Human Rights Courts within the state and to fill up the future vacancies in State HRC not later than 3 months from the date such vacancy occurs.

After the hearing, the court contended that the state government's approach in the matter is not appreciated, that too when the Apex Court has held that it is mandatory for every state to constitute "State HRC" as well as "Human Rights Court".

The next hearing in the case has been scheduled on November 7.