Himachal Pradesh high court on Friday directed the state government to file a reply over its inaction in implementing Supreme Court’s orders to establish human rights commission/lokayukta/lokpal and human rights court in the state.
The court has ordered the state government to clarify its stand qua establishment of the above mentioned institutions. The matter will be passed on the next date of hearing if the state government fails to file a reply within a week.
The orders were passed by a division bench, comprising Justice Dharam Chand Chaudhary and Justice Jyotsna Rewal Dua, on a petition filed by one Namita Maniktala.
Protection of Human Rights Act 1993 mandates creation of state human rights commission, but Himachal Pradesh has failed to implement the mandate of the Act and no appointments have been made to the commission since July 15, 2005 while no human rights courts established, the petitioner alleged.
The petitioner also alleged that the SC, in DK Basu’s case, had directed the state (respondent) in 2015 to make the commission functional within a period of six months.
“Three years have passed and the judgment has not been implemented,” the petitioner alleged, adding that this act of the state is not only illegal but also contemptuous. She prayed to direct the state to constitute the commission and make it functional by appointing chairpersons and members in accordance with the Section 21 of the Act.
{{/usCountry}}“Three years have passed and the judgment has not been implemented,” the petitioner alleged, adding that this act of the state is not only illegal but also contemptuous. She prayed to direct the state to constitute the commission and make it functional by appointing chairpersons and members in accordance with the Section 21 of the Act.
{{/usCountry}}She further prayed to direct the state to initiate appropriate action under Section 30 of the Act for constitution of human rights courts within the state and to fill up the future vacancies in the commission not later than three months from the date of their release.
The matter has been posted for November 7.