Dinesh Kamath's Editorial (NHRC needs the right person on top) that was published in Newsband

NHRC needs the right person on top

It was proposed that the retired Supreme Court judge Cyriac Joseph be made a member of the National Human Rights Commission (NHRC). Two BJP leaders opposed this move since they had received an adverse report from an intelligence agency on Justice Joseph’s style of functioning as a judge. The report touched upon delays in his delivering judgments, but it did not say anywhere that he lacked integrity.

Such important appointments should be made as consensual as possible.

The Protection of Human Rights Act states that apart from the chairperson, one member must be a former judge of the Supreme Court, one a former chief justice of a High Court, and two must be “persons having knowledge of, or practical experience in, matters relating to human rights.” In recent years, unfortunately, virtually none of the non-judicial members could claim such qualifications, even if some have delivered commendably on the commission.

By the way, it is surprising to see ex-police officers being appointed as members of NHRC.

Cyriac Joseph is undoubtedly a man of impeccable records, a man behind many great judgments, a man who understands the problems of a normal person on street. But yes, the way he operates are little different from other judges. But as long as it’s not against the rules and regulations, why should anything else matter? Why should BJP leaders object to his appointment?  

Another thing is this government has made mockery of many constitutional bodies by appointing the 'faithful' from government or party to the constitutional posts or even back to government from constitutional posts. The other reason is that all such constitutional posts offer plush facilities in New Delhi. If NHRC was based in a remote area, then there would be much less 'rat race' for the posts.

It is advisable that many government bodies be moved out of New Delhi to smaller towns and cities across India so that there is no 'rat race' for them. This will also decongest Delhi.

There are many people in the background of human rights without political affiliation but Congress wants only people with loyalty or they want some minority which automatically produces loyalty for Congress. No wonder that an important organization like NHRC fails to have the right person on top to control it.