Ensure Easy Access to NHRC for People in Jammu and Kashmir: SC To Centre Govt

The Supreme Court recently asked the Union Government to consider establishing a mechanism that would allow people in Jammu and Kashmir to file human rights complaints with the NHRC directly.

A bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing the matter.

When the special status of Jammu and Kashmir was repealed and the state was turned into a UT, statutory panels like the Information Commission and Human Rights Commission ceased operating.

Earlier, the court had recorded the statement of India’s Solicitor General Tushar Mehta that the reopening of these panels was being considered at the proper level.

SG Mehta argued that because Jammu and Kashmir is a Union Territory, the National Human Rights Commission, not a State Human Rights Commission, would be the proper statutory panel to address human rights issues in that region.He added that–

1. The State Commission for Women and Child Rights Commission was ready and selection process of members was going on.
2. A State Commissioner for People with Disabilities was appointed.
3. The State Electricity Regulatory Commission was established.
4. According to the Reorganisation Act, the central law applies to the State Information Commission, and the Central body serves as the State Information Commission.
5. A State Consumer Dispute Resolution Commission has been established and is in operation.

Justice PS Narasimha inquired whether these commissions had offices in Jammu and Kashmir.

SG Mehta responded by stating that the Selection Committee had selected people to sit in Jammu and Kashmir.

The petitioner, Advocate Asim Sarode, objected, claiming that, “There are no offices in Jammu and Kashmir, which is necessary. It all comes down to access to justice.”

In response, SG Mehta stated that if offices do not already exist, they will be established soon.

“So we’ll record your submission that where the offices are not yet made available, they will be made available so that access to justice is not hampered,” CJI DY Chandrachud said.

SG Mehta also stated that virtual hearings would be possible. He used the Central Commission for Information as an example, which allowed for virtual hearings.

According to Justice Narasimha, “You say after the Reorganisation Act came into force, NHRC is the commission. So question is if there are any complaints with respect to Jammu and Kashmir and Ladakh, it would be adjudicated by NHRC, but the sitting will only be in Delhi. So virtually it means that Jammu and Kashmir has no State Human Rights Commission, unless we record your statement that NHRC can have a sitting either in Jammu and Kashmir or virtually once in a month or twice a month- some arrangement can be made.”

CJI DY Chandrachud asked the SG to find a way for people in Jammu and Kashmir to file grievances and complaints with the NHRC. SG Mehta agreed to seek clarification on this point.

The matter is scheduled for further hearing on 24th March,2023.