New Delhi:Leaders of Opposition Mallikarjun Kharge and Rahul Gandhi had recorded their dissent over the selection of the chairperson and members of the National Human Rights Commission (NHRC) on the grounds that the process adopted was "fundamentally flawed" and a "pre-determined" exercise that ignored mutual consultation and consensus.
They had proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position of chairperson. However, former Supreme Court judge V Ramasubramanian has been appointed as the new chairperson of the NHRC. The post of NHRC chairperson had been lying vacant since Justice (retd) Arun Kumar Mishra completed his tenure on June 1.
The meeting of the Selection Committee for picking the chairperson and members of the NHRC was held on December 18 at the Parliament House. In their dissent note, Kharge and Gandhi recorded their disagreement on the grounds that the selection process adopted by the committee was fundamentally flawed.
"It was a pre-determined exercise that ignored the established tradition of mutual consultation and consensus, which is essential in such matters. This departure undermines the principles of fairness and impartiality, which are critical to the credibility of the Selection Committee," their dissent note said.
"Instead of fostering deliberation and ensuring a collective decision, the committee relied on its numerical majority to finalise the names, disregarding the legitimate concerns and perspectives raised during the meeting," Kharge and Gandhi said. They said the NHRC is a vital statutory body tasked with safeguarding the fundamental human rights of all citizens, particularly those from the oppressed and marginalised sections of society.
"Its ability to fulfil this mandate depends significantly on the inclusiveness and representativeness of its composition. A diverse leadership ensures that the NHRC remains sensitive to the unique challenges faced by various communities, especially those most vulnerable to human rights violations," their dissent note read.
"We proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position of Chairperson, keeping in mind both merit and the need for inclusivity.
"Justice Rohinton Fali Nariman, a distinguished jurist from the minority Parsi community, is renowned for his intellectual depth and unwavering commitment to constitutional values. His inclusion would send a strong message about the NHRC's dedication to representing India's pluralistic society," they said.
Similarly, Justice Joseph, a former Supreme Court judge, belonging to the minority Christian community, has consistently delivered judgments that emphasise individual freedoms and the protection of marginalised groups, making him an ideal candidate for this critical position, Kharge and Gandhi said.
"Furthermore, for the position of Members, we recommended the names of Justice S. Muralidhar and Justice Akil Abdulhamid Qureshi, both of whom have exemplary track records in upholding human rights," they said.