‘Are union territories utopia and have no rights violations?’

THE SG SUBMITTED THE DELHI GOVERNMENT’S RECOMMENDATION BEFORE THE L-G

WHO HAS TO REFER IT TO THE CENTRE

NEW DELHI: The Supreme Court questioned the Centre on Monday for not approving the Delhi government’s decision to constitute a State Human Rights Commission after the NDA government claimed the Capital cannot have the panel because it is not a state but a union territory (UT).

“Are UTs utopia and there is no human rights violation. Should the people of Andaman and Nicobar or Daman and Diu come all the way to Delhi for filing a complaint with the National Human Rights Commission (NHRC),” a bench headed by Chief Justice TS Thakur told solicitor general (SG) Ranjit Kumar, who quoted a nine-judge bench SC judgement to insist Delhi is a UT.

Kumar said human rights violation in the city can be reported with the NHRC directly.

“You cannot create islands of immunity for human rights violations. We will give a liberal interpretation of Article 246 and say that for the purpose of setting up SHRC, Delhi is a State and not a UT,” the bench said.

The court is hearing a contempt petition against the Centre that has failed to implement the 2015 SC judgement directing setting up of human rights commission (HRC) in all States. Delhi, in the verdict, is mentioned as a State.

On the larger bench verdict, the bench said it was only for the purposes of making a law to be implemented in Delhi. “We are on the question whether Delhi is a State for the purpose of HRC,” it said.

The SG submitted the Delhi government’s recommendation before the Lt Governor who has to refer it to the Centre. He informed the court about NHRC’s proposal to the government to amend the law to enable setting up of HRCs in UTs, which is under consideration. “Parliament will have to amend the law,” he said.

The CJI asked the SG to file a detailed affidavit indicating the Centre’s stand whether or not HRC will be constituted in Delhi and if there can be one HRC for the north east. The government will also mull if UTs, other than Delhi, can be attached to a State Human Rights Commission. The court will hear the case on April 29.

The petitioner pointed out that the SC judgement had directed that the States of Delhi, Himachal Pradesh, Mizoram, Arunachal Pradesh, Meghalaya, Tripura and Nagaland should set up HRCs within six months and the period expired in January 2016.