India Legal News: NHRC should have J&K Jurisdiction

In July 2010, India legal news reports indicate that the National Human Rights Commission (NHRC), which has restricted jurisdiction over human rights violations in Jammu and Kashmir, wants the limitation to be removed. This action was prompted by recent allegations of transgressions in the state.

India Legal News: NHRC’s Jurisdiction to Extend to Jammu and Kashmir

As per India legal news reports, the NHRC currently has negligible jurisdiction in the area of human rights violations, in the state of Jammu and Kashmir. It covers only subjects under the Central and concurrent lists of the Indian Constitution and not the State list. This is the reason that the State Government has refused to obey its directions or notices, on several occasions.

The Chairperson of the NHRC, Justice K.G. Balakrishnan - image taken from: http://supremecourtofindia.nic.inThe new Chairperson of the NHRC, Justice K.G. Balakrishnan, opines that the extension of NHRC’s jurisdiction would not intervene in the state’s matter. However, it would be beneficial to the general public. Further, it would provide them with an option of better redressal of grievances.

He stated that it will be better if NHRC is granted jurisdiction in all subjects in Jammu and Kashmir as the limitations were restricting the NHRC in providing relief to the people of the valley, who are deprived of their human rights.

Justice K.G. Balakrishnan added that the NHRC will not enforce anything in the State. It would only help the authorities to implement smooth functioning, good governance and reduction of cases pertaining to human rights violations.

Further, he stated that the State Government or the Central Government can initiate the step. Also, he added that the Parliament in consonance with the Jammu and Kashmir government, shall consider extending the NHRC Act, to all subjects. He further said that the government shall keep in view the benefit of the people, in the backdrop of the situation of unrest in the valley.

The NHRC is a statutory body, established under the Protection of Human Rights Act, 1993. It intends to curb the incidents of human rights violations. You can contact the NHRC at the official website http://nhrc.nic.in/

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