The National Human Rights Commission (NHRC) has proposed amendments to the NHRC Act, 2009, with the aim of giving the commission the authority to directly investigate allegations against law enforcement agencies.

The proposal, submitted to the Legislative and Parliamentary Affairs Division, also seeks to expand the selection committee responsible for appointing NHRC chairmen and commissioners.

The decision to submit the amendment request was taken at the 111th meeting of the 6th NHRC on October 1, according to a press release issued today (November 12).

Following the resignation of all members, including the president, of the 6th NHRC on October 7, Secretary Sebastin Rema forwarded the proposals to the Legislative Division in accordance with the decisions of the previous meeting.

The amendments aim to align the role of the CNDH with the Paris Principles, which establish standards for national institutions that protect and promote human rights.

Key amendment proposals

One of the major amendments proposed by the NHRC involves the removal of Section 18 of the NHRC Act to give the commission jurisdiction to directly investigate allegations against law enforcement agencies.

Currently, Section 18, titled “The procedure to be followed in case of disciplinary force”, restricts the NHRC from directly investigating law enforcement personnel.

Instead, the commission can request a report from the government on alleged human rights violations involving the disciplined forces and, once satisfied, can refrain from pursuing the matter any further.

In cases where the CNDH considers it necessary to recommend measures, it can do so before the government.

Section 18 also requires the government to provide a written response to the commission within six months, detailing any action taken.

Additionally, the NHRC proposes to increase the number of members of the selection committee responsible for appointing its chairman and commissioners.

The recommendation suggests amending Section 7(1) to expand the committee from seven to nine members, including a High Court judge appointed by the Chief Justice and a civil society representative appointed by the Speaker of Parliament.

The commission also seeks authority to issue bail warrants for cited individuals who fail to appear, to ensure accountability in its investigations.