Gauhati High Court Tells Mizoram Govt To Set Up State Human Rights Commission In Two Months Or Face Contempt

The Gauhati High Court recently provided last opportunity of two months to the State of Mizoram to establish State Human Rights Commission.

The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma sitting at Aizawl observed:

“It is to be noticed that the sanction of posts is only on paper and till date, the State Human Rights Commission has not been constituted. Taking into consideration the overall facts and circumstances of the case, we are constrained to observe that the State Government is not willing to set up the State Human Rights Commission as per the provisions of the Act of 1993 and as per the directions given by the Hon'ble Supreme Court in Dilip Kumar Basu (supra).”

The Court was hearing a PIL for issuance of direction to the State of Mizoram to set up the State Human Rights Commission (SHRC) as per the provisions of the Protection of Human Rights Act, 1993 (the Act of 1993).

The Court noted that the writ petition (PIL) is pending since 2021 and on every occasion the State is coming with the response that the process for setting up the SHRC is going on.

“This Court, on several occasions, has taken note of the fact that the Hon'ble Supreme Court in Shri Dilip Kumar Basu Vs. State of West Bengal & Ors. [Judgment dated 24.07.2015 passed in CRL.M.P. No.16086/1997 in CRL.M.P. No.4201/1997] has directed the respective State Governments to set up State Human Rights Commission in every State. However, despite the specific directions by the Hon'ble Supreme Court, the State of Mizoram has failed to establish the State Human Rights Commission,” the Court said.

On September 03, 2024, an additional affidavit was filed on behalf of the Secretary to the Home Department, Government of Mizoram stating that the State Government is taking steps for establishment of SHRC and in that direction a proposal for creation of 29 posts was submitted to the Government of Mizoram, and out of these 29 proposed post, approval was accorded by for new creation of 16 posts vide order dated August 08, 2024.

However, the Court remarked that sanction of said posts is only on paper.

“…in the interest of justice, last opportunity of 2(two) months is granted to the State of Mizoram to set up the State Human Rights Commission as per the provisions of the Act of 1993 and as per the directions issued by the Hon'ble Supreme Court in Dilip Kumar Basu (supra), failing which, we will be forced to impose heavy cost upon the State of Mizoram and to initiate contempt proceedings against the State of Mizoram,” the Court observed.

The matter is directed to be listed after ten weeks.

Case Title: Zofa Welfare Organization (ZWO) Mizoram v. The State of Mizoram & 5 Ors.

Case No.: PIL/4/2021

Click Here To Read/Download Order