J&K Will Come Under NHRC; All Other Statutory Commissions Restored There: Union Tells Supreme Court

The Union today (July 9) informed the Supreme Court that apart from the Human Rights Commission, 6 major statutory commissions have been appointed in the Union Territory of Jammu & Kashmir & Ladakh.  Now that J&K was a Union Territory, it would come under the jurisdiction of the National Human Rights Commission, the Union said.

The bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing the plea seeking the reopening of statutory panels in the Union Territory of Jammu and Kashmir. In an earlier hearing, the Court had asked the Union Government to consider bringing a mechanism allowing people in Jammu and Kashmir to file their complaints to the NHRC from J&K itself about human rights issues.

The Solicitor General Tushar Mehta appearing on behalf of the Union informed the Court of the restoration of the majority of the statutory panels except for HRC. 

"Except for the Human Rights Commission (HRC), all other commissions are appointed. The HRC, in the UT so far there is no provision and therefore power is given to NHRC. I must consult the government if it can be provided."

Taking note of the same, the Court disposed of the matter observing that no further directions are required to be given on its end.

The following commissions were sought to be restored in the petition: (1) HRC; (2) State Commission for Protection of Women & Child Rights; (3) State Commission for Persons with Disabilities; (4) State Consumer Dispute Redressal Commission; (5) State Information Commission; (6) State Accountability Commission and (7) State Commission for Protection of Women & Child Rights

The petition filed by  Advocate Asim Suhas Sarode, petitioner-in-person states that several statutory panels like the State Information Commission, the Human Rights Commission and the consumer panel in Jammu and Kashmir are no longer functioning since the abrogation of Article 370 of the Indian Constitution.

It may be noted that previously the court had recorded the statement of Solicitor General of India Tushar Mehta that the reopening of statutory panels in Jammu and Kashmir such as the Human Rights Commission, and Information Commission- which stopped functioning after the special status of J&K was repealed and the state was converted into a UT- was being considered at the appropriate level. In the hearing, SG Mehta submitted that the National Human Rights Commission, and not a State Human Rights Commission, would be the appropriate statutory panel to deal with human rights issues in Jammu and Kashmir owing to its status of a Union Territory.

Case Title: Asim Suhas Sarode v. UoI And Ors. WP(C) No. 921/2020 

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