The Itanagar permanent bench of the Gauhati High Court has reprimanded the Arunachal Pradesh government for failing to take steps to make the Arunachal Pradesh State Human Rights Commission (APSHRC) fully functional, despite an order issued by the court in 2022 in response to a public interest litigation (PIL). The court reprimanded the government after the petitioner’s counsel submitted that, despite the order, the APSHRC is still not functioning properly, as there is currently only one member in the commission. It also questioned why the state government has not constituted the APSHRC as required by Section 21 of the Protection of Human Rights Act, 1993.
The court asked whether the commission had ever functioned properly with its full strength since its establishment. It further inquired whether, in the absence of a fully functioning APSHRC, the provisions of Section 28 of the Protection of Human Rights Act, 1993, had been complied with. This section mandates that “the State Commission shall submit an annual report to the State Government and may, at any time, submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred until the submission of the annual report.”
The court also asked the state government whether it had constituted a special investigation team in accordance with Section 37 of the Protection of Human Rights Act, 1993.
While the matter is scheduled for hearing on 24 February, it is disheartening that the state government has yet to fulfill its obligations of ensuring a functional commission. The human rights commission needs to be fully operational so that citizens can at least have the opportunity to present their grievances, hoping for a fair and proper hearing and direction from the commission. Delaying the full formation of the commission is unjustified and will only lead to prolonged court proceedings, depriving common citizens of the limited options they have for justice.