Gauhati HC questions Arunachal Pradesh on non-functional State Human Rights Commission [Read Order]

Gauhati: The Gauhati High Court has issued comprehensive queries to the Arunachal Pradesh government regarding the inadequate functioning of its State Human Rights Commission, emphasizing the need for proper constitutional compliance.

Arunachal Pradesh State Human Rights Commission Under Scrutiny

Justices Kalyan Rai Surana and Mridul Kumar Kalita raised serious concerns while hearing a Public Interest Litigation about the Commission’s current status, which is operating with just one member.

The case stems from a PIL filed by Tarh Gambo, in which the court had previously issued a notice to the state government in May 2022 regarding the Commission’s functioning.

Gauhati High Court Issues Directives on Human Rights Compliance

The petitioner’s counsel, Mr. S. Mow, informed the court that “despite the issuance of notice in this PIL by order dated 24.05.2022, the Arunachal Pradesh State Human Rights Commission is still not properly functioning as there is only one member at present.”

The court expressed particular concern about compliance with the Protection of Human Rights Act, 1993, noting that several mandatory provisions appeared to be unfulfilled.

In response to these concerns, the court directed the Chief Secretary to file an affidavit addressing seven specific queries, including the Commission’s constitution under Section 21 of the Act, its historical functioning at full strength, payment of dues and current expenses, compliance with Section 28, appointment of Special Public Prosecutor, and constitution of a Special Investigation Team.

The bench has mandated that “the Chief Secretary to the Government of Arunachal Pradesh shall ensure that an affidavit, responding to the queries raised in this order, shall be filed by a concerned officer, not below the rank of Joint Secretary” at least two days before the next hearing.

Mr. S. Mow, along with several other advocates, appeared for the petitioner, while Ms. P. Pangu, Government Advocate, represented the State of Arunachal Pradesh.

Case Title: Tarh Gambo v. The State of Arunachal Pradesh and Others.

[Read Order]