Examine Setting Up Of HRC: HC Tells Govt

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  J&K High Court | File Photo

Srinagar: The Jammu and Kashmir High Court on Monday asked the government to examine the matter regarding setting up of a Human Rights Commission in J&K.

After the promulgation of the J&K Reorganization Act 2019, the Jammu and Kashmir State Human Rights Commission ceased to exist from 31 October last year.

“The matter especially with reference to the provisions of Section 21(7) of the Act of 1993 needs to be examined by the Government so that proper remedies are available with the aggrieved persons, who are having any grievance regarding violation of their human rights,” a bench of Acting Chief Justice Rajesh Bindal and Justice Puneet Gupta said.

The petitioner—chairman Jammu & Kashmir Reconciliation Front through its chairman Dr Sandeep Mawa— had said that Section 21 of the Protection of Human Rights Act, 1993 provides for constitution of Human Rights Commissions in every State and the Union Territory.

In the absence of a forum, Mawa had said that the aggrieved parties are not able to get redressal of their grievances.

“Prior to the enactment of the Reorganization Act, the Jammu & Kashmir Protection of Human Rights Act, 1997 was applicable in J&K. In exercise of powers conferred thereunder, the J&K State Human Rights Commission had also been constituted, which was wound up after the enactment of the Reorganization Act. The residents of J&K, if having any grievance regarding violation of their human rights, may have to approach the National Human Rights Commission,” the court said.

As far as the Constitution of Human Rights Courts in the Union Territory of J&K is concerned, needless to add that vide notification dated 07.02.2019 issued by the Department of Law, Justice and Parliamentary Affairs, Government of J&K, the Court of the learned Principal Sessions Judge of each district has been designated as Human Rights Courts. Hence, the grievance of the petitioner to that extent does not survive.

As regards the Constitution of Human Rights Courts in the J&K is concerned, the court said: “needless to add that vide notification dated 07.02.2019 issued by the Department of Law, Justice and Parliamentary Affairs, Government of J&K, the Court of the learned Principal Sessions Judge of each district has been designated as Human Rights Courts.” (GNS)

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