ACB under central act, MLAs to elect RS Members, no separate rights body

SRINAGAR: The Union Territory of Jammu & Kashmir will not have a separate rights body as replacement for the State Human Rights Commission as Central government has worked out a Delhi UT-like arrangement for dealing with cases of human rights violations in the militancy torn erstwhile state.

The Centre has decided to have a Delhi -like arrangement for dealing with human rights violations in Jammu and Kashmir. “The Centre has proposed that the functions relating to human rights in case of the UT of Jammu and Kashmir shall be dealt with by the National Human Rights Commission. This arrangement is already in place for Delhi UT,” they said, adding that these adaptations and modifications in the Central Protection of Human Rights Act-1993 would be notified by the MHA in next few days.

As per Central human rights law, the Centre can confer upon state commissions functions relating to human rights discharged by other Union Territories, other than Delhi which is dealt by NHRC.

With these modifications, J&K will be second UT which will come under direct jurisdiction of NHRC.

It is worthwhile to mention here that erstwhile state of Jammu and Kashmir had a full-fledged rights body to look into cases of rights violations.

On August 5, the Parliament had approved repeal of the law under which State Human Rights Commission was created in 1997.

The government ordered disbanding of SHRC on October 31, the day when J&K and Ladakh UTs came into existence.

Amendments in Central laws

J&K Rajya Sabha members to be elected by members of Legislative Assembly

ACB protected under central anti-graft law

The Centre has also proposed an amendment in the Representation of Peoples Act-1951 to define the manner in which four Rajya Sabha members from Jammu & Kashmir Union Territory would be elected.

According to sources, the amendment proposes that Rajya Sabha berths allotted to J&K under fourth schedule of the Constitution of India would be elected by members of the Legislative Assembly of the UT to be constituted under the J&K Re-organisation Act.

Part IVA of Representation of Peoples Act, 1951 provides for the manner of filling seats in Rajya Sabha allocated to Union Territories.

On August 5, the Government of India amended fourth schedule of the constitution of India to protect representation of Jammu and Kashmir in Rajya Sabha after its re-organisation.

It had also protected remaining tenure of existing four Rajya Sabha members- Ghulam Nabi Azad, Nazir Laway, Fayaz Mir,Shamsher- whose term will end between 10 to 15 February next year.

According to terms of the constitution( application to Jammu and Kashmir) Order, 1950, Rajya Sabha members from J&K were to chosen by the President on recommendation of the State government.

In actual, the first four RS members from J&K were chosen by the President on recommendation of constituent assembly in 1950.

Subsequently, the law governing representation of Jammu and Kashmir was changed by the Constitution(application to Jammu and Kashmir) order, 1954.

Under the order, all future vacancies arising in Rajya Sabha of Jammu and Kashmir were to be filled by elected members of Legislative Assembly.

The Centre has also proposed an amendment in the Central Prevention of Corruption Act to protect Anti-Corruption Bureau which was created under state’s own anti-corruption law.